Agenda Document Pack - Planning and Placemaking Committee - 11/12/2024
Perth and Kinross Council · 11 December 2024
Back to Planning and Placemaking Committee — 11 December 2024 and its agenda
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Securing the future… • Improving services • Enhancing quality of life • Making the best use of public resources Council Building 2 High Street Perth PH1 5PH 02/12/2024 A hybrid meeting of the Planning and Placemaking Committee will be held in the Council Chamber on Wednesday, 11 December 2024 at 09:30. If you have any queries please contact Committee Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Councillor Ian Massie (Convener) Councillor Grant Stewart (Vice-Convener) Councillor Keith Allan Councillor Bob Brawn Councillor Dave Cuthbert Councillor Ken Harvey Councillor David Illingworth Councillor Ian James Bailie Claire McLaren Councillor Richard Watters Bailie Mike Williamson Page 1 of 274
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Planning and Placemaking Committee Wednesday, 11 December 2024 AGENDA MEMBERS ARE REMINDED OF THEIR OBLIGATION TO DECLARE ANY FINANCIAL OR NON-FINANCIAL INTEREST WHICH THEY MAY HAVE IN ANY ITEM ON THIS AGENDA IN ACCORDANCE WITH THE COUNCILLORS’ CODE OF CONDUCT. 1 WELCOME AND APOLOGIES/SUBSTITUTES 2 DECLARATIONS OF INTEREST 3 MINUTE OF MEETING OF THE PLANNING AND PLACEMAKING COMMITTEE OF 13 NOVEMBER 2024 FOR APPROVAL (copy herewith) 7 - 38 4 DEPUTATIONS 5 APPLICATIONS FOR DETERMINATION 5(1) MAJOR APPLICATIONS 5(1)(i) 23/01941/AMM - ERECTION OF 152 DWELLINGHOUSES AND ASSOCIATED WORKS (APPROVAL OF MATTERS SPECIFIED BY CONDITIONS 17/00939/IPM), LAND 200 METRES WEST OF BLAIRGOWRIE & RATTRAY COTTAGE HOSPITAL, PERTH ROAD, BLAIRGOWRIE Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 24/357) 39 - 76 5(1)(ii) 24/00299/FLM - SITING OF 68 HOLIDAY ACCOMMODATION UNITS AND MANAGERS ACCOMMODATION UNIT INCLUDING FORMATION OF VEHICULAR ACCESS, ERECTION OF HUB BUILDING, LANDSCAPING, CAR PARKING AND ASSOCIATED WORKS, LAND 1 KILOMETRE EAST OF MUIRHEAD COTTAGE, AUCHTERARDER Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 24/358) 77 - 98 Page 3 of 274
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5(1)(iii) 24/01023/AMM - ERECTION OF 292 DWELLINGHOUSES, 48 FLATS, 28 DETACHED GARAGES, 3 RETAIL UNITS, A REFUSE/BIKE STORE AND A SPORTS CHANGING PAVILION, FORMATION OF LEISURE FACILITIES, SUDS PONDS, PARKING AREAS, LANDSCAPING AND ASSOCIATED WORKS, (PHASE 1) (ALLOCATED SITE MU73) (APPROVAL OF MATTERS SPECIFIED IN CONDITIONS 21/00383/IPM), LAND ADJACENT TO HUNTINGTOWERFILED & RUTHVENFIELD, HUNTINGTOWERFILED, PERTH Report of Handling by Strategic Lead - Economy, development and Planning (copy herewith 24/359) 99 - 130 5(1)(iv) 24/01359/FLM - S42 APPLICATION TO VARY CONDITION 17 (ROAD SAFETY) OF PERMISSION 23/00224/FLM, LAND 300 METRES NORTH WEST OF LATHRO FARM, KINROSS Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 24/360) 131 - 148 5(2) LOCAL APPLICATIONS 5(2)(i) 23/01045/FLL - ERECTION OF 8 DWELLINGHOUSES, FORMATION OF VEHICULAR ACCESS, DRAINAGE AND ASSOCIATED LANDSCAPING, LAND 30 METRES NORTH EAST OF DEANS OAK, MEIKLEOUR Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 24/361) 149 - 174 5(2)(ii) 24/00276/FLL - ERECTION OF 2 DWELLINGHOUSES AND GARAGE, FORMATION OF VEHICULAR ACCESS AND ASSOCIATED WORKS, LAND 65 METRES NORTH WEST OF GREEN HOTEL, 2 MUIRS, KINROSS Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 24/362) 175 - 196 5(2)(iii) 24/00374/FLL - ERECTION OF DWELLINGHOUSE, WORKSHOP/ANCILLARY ACCOMMODATION, AND ASSOCIATED WORKS, LAND 50 METRES SOUTH WEST OF RUSSAIG HOUSE, ERROL Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 24/363) 197 - 218 5(2)(iv) 24/01249/FLL - INSTALLATION OF DRAINAGE, FLOODLIGHTING AND LANDSCAPING WORKS, NORTH INCH PERTH Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 24/364) 219 - 236 Page 4 of 274
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5(2)(v) 24/01335/FLL - CHANGE OF USE AND ALTERATIONS TO PUBLIC TOILETS TO FORM BANKING HUB, PUBLIC CONVENIENCE, HIGH STREET, AUCHTERARDER Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 24/365) 237 - 252 6 PROPOSAL OF APPLICATION NOTICES (PAN) 6(i) 24/00011/PAN - FORMATION OF ACCESS TRACKS, COMPOUNDS, INSTALLATION OF CABLING AND ASSOCIATED WORKS, LAND 300 METRES EAST OF TOMBRECK FARMHOUSE, FOSS, PITLOCHRY Pre-Application Report by Strategic Lead - Economy, Development and Planning (copy herewith 24/366) 253 - 264 6(ii) 24/00012/PAN - FORMATION OF ACCESS TRACK, BRIDGE, COMPOUND AND ASSOCIATED WORKS, LAND 360 METRES NORTH OF GLASSICK FARM, BRACO, DUNBLANE, Pre-Application Report by Strategic Lead - Economy, Development and Planning (copy herewith 24/367) 265 - 274 Page 5 of 274
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PLANNING AND PLACEMAKING COMMITTEE Minute of hybrid meeting of the Planning and Placemaking Committee held in the Council Chambers, 2 High Street, Perth, on Wednesday 13 November 2024 at 9.30am. Present: Councillors I Massie, G Stewart, K Allan, B Brawn, D Cuthbert, K Harvey, D Illingworth, Bailie C McLaren, R Watters and Bailie M Williamson. In Attendance: L MacLean, S Panton, L Reid, K Smith, and P Williamson (all Economy, Development and Planning); A Brown, S Dockerill, G Fogg and J Guild (all Legal and Governance). Apologies: Councillor I James. Councillor I Massie, Convener, Presiding. 1. WELCOME AND APOLOGIES The Convener welcomed everyone present to the meeting and noted apologies as above. 2. DECLARATIONS OF INTEREST There were no Declarations of Interest made in terms of the Councillors Code of Conduct. 3. MINUTES The Minute of Meeting of Planning and Placemaking Committee of 9 October 2024 was submitted and approved as a correct record. 4. DEPUTATIONS In terms of Standing Order 13, the Committee agreed to hear deputations in relation to the following planning applications: Planning Application No. Item No. 24/01142/FLM 5(1)(i) 23/01575/FLL 5(2)(ii) 5. APPLICATIONS FOR DETERMINATION (1) Local Applications (i) 24/01142/FLM - Section 42 application to modify Condition 1 (duration) of permission 15/01691/FLM, Green Burn Wind Farm, Bridge of Cally (Report No. 24/305) Mr D Grierson, agent on behalf of the applicant, addressed the committee, and answered Members questions (via telephone). 3 Page 7 of 274
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Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 1. The development hereby approved shall be subsist for a period of 40 years from the first date of generation of electricity from the development to the grid. Written confirmation of the first date of electricity generation on a commercial basis shall be provided to the Planning Authority no later than one calendar month after that date. Reason: In view of the nature of the proposed development and to enable the Planning Authority to review the circumstances pertaining to the proposal within a reasonable period of time. 2. For the avoidance of doubt, should no further lawful works be commenced within a period of 5 years from the date of this decision notice, then this Section 42 will not be considered to be lawfully implemented. Reason: To clarify the terms of the planning permission. 3. The operators of the development hereby approved shall at all times accord with the details forming the subject of this planning permission in accordance with the approved plans and other supporting information, including the Environmental Statement (ES) and Supplementary Environmental Information (SEI), except as amended by the terms of the approval hereby given and shall not amend the development, including changes to the make, model or colour of the turbines without the prior written consent of the Planning Authority. Reason: To ensure the development is carried out in accordance with the approved drawings and documents. 4. Prior to any development being undertaken, full details of the proposed wind turbines (including, but not limited to, the power rating and sound power levels, the size, type, external finish and colour) and all associated apparatus shall be submitted to and approved in writing by the Planning Authority. The turbines shall be consistent with the candidate turbine or range assessed in the ES/SEI, and the blade tip height shall not exceed 115 metres above ground level. The turbines should be non- reflective pale grey semi-matt in colour. The development shall be constructed and operated in accordance with the approved details and maintained in the approved colour, until such time as the wind farm is decommissioned. All wind turbines blades shall rotate in the same direction. None of the wind turbines, transformer buildings/enclosures, ancillary buildings or above ground fixed plant shall display any name, logo, sign or other advertisement (other than health and safety Page 8 of 274
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or operational signage) unless otherwise approved in advance in writing by the Planning Authority. Reason: In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 5. Prior to any development being undertaken, final details of the external appearance, dimensions, surface materials of the sub-station building, associated compounds, any construction compound boundary fencing, external lighting and parking areas shall be submitted to and approved in writing by the Planning Authority. The sub-station building, associated compounds, fencing, external lighting and parking areas shall be constructed in accordance with the approved details. Reason: In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 6. All wind turbines, buildings, masts, areas of hardstanding and tracks shall be constructed in the location as shown on the SEI Site Layout Plan Figure 1.2, dated 7 July 2015 (application 15/01691/FLM relates). Wind turbines, buildings, masts, areas of hard standing, tracks and other infrastructure may be adjusted by micro-siting within the site. However, unless otherwise approved in advance in writing with the Planning Authority, micro-siting is subject to the following restrictions: a) the turbines and associated crane pads shall be erected in the positions indicated on the Site Layout Plan, save for the ability to vary the indicated position of any turbine and associated crane pad by up to 50 metres, with any variation in height above ordnance datum (AOD) limited to plus or minus 5 metres under the supervision of the Environment Clerk of Works (ECOW) appointed under condition 8 below. Variation in the position of a turbine and associated crane pad between 50 metres and 100 metres or any variation in AOD from the approved position being greater than 5 metres in height shall only be permitted with the prior written approval of the Planning Authority; b) the internal access tracks shall be constructed in the positions indicated on the Site Layout Plan, save for the ability to vary the indicated position of the track to reflect any micro-siting directly attributed to permitted turbine micro-siting, otherwise by up to 50 metres under the supervision of the ECOW, appointed under condition 8 below. Variation between 50 metres and 100 metres in the position of the approved track which does not directly relate to the permitted turbine micro-siting under condition 6 Page 9 of 274
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shall only be permitted with the prior written approval of the Planning Authority; and, c) all micro-siting permissible under this condition must be approved in advance in writing by the ECOW. Reason: In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 7. Prior to any development being undertaken, an updated Site Layout Plan shall be submitted to the Planning Authority indicating the final position of all wind turbines, areas of hardstanding, tracks and associated infrastructure forming part of the development. The Plan should also specify areas where micro-siting has taken place under condition 6 and, for each instance, be accompanied by copies of the ECOW or Planning Authority’s approval, as applicable. Reason: In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 8. Prior to any development being undertaken, the Planning Authority shall approve in writing the terms of reference of the appointment of an independent and suitable qualified consultant(s) to act as Environmental Clerk of Works (ECOW) for the site at the developer’s expense. The ECOW shall undertake a watching brief throughout the construction of all roads, cable tracks, compounds, turbine bases and hard standing areas and, in consultation with the Planning Authority, shall have the authority to stop operations or to alter construction methods should there be any works occurring which are having a significant adverse impact on the natural heritage of the site. The ECOW shall have responsibility for the following: a) monitoring compliance with the mitigation works related to the development as set out in the Construction Environment Management Plan (CEMP) at condition 9 below; b) advising the developer on adequate protection of nature conservation interest on the site, including altering construction practices if existing practices are having a significant adverse impact on the natural heritage of the site; c) advising on the acceptability of micro-siting of turbines, tracks or other infrastructure. If any protected species are found on site, the ECOW shall ensure that work is suspended at that location until a protected species protection plan has been prepared and implemented; d) submitting a monthly report for the review of the Planning Authority during construction operations; and, Page 10 of 274
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e) the ECOW is required to notify the Planning Authority in writing, and copied to the developer, at the earliest practical opportunity if: i. there has been a requirement to stop or alter works in relation to this condition; and, ii. it is considered that there has been a non- compliance within the terms of the deemed planning permission and the conditions attached to it. The ECOW shall be appointed on the approved terms of reference throughout the period beginning no later than two weeks prior to the commencement of the development to completion of post construction restoration works. Reason: In the interest of proper site management and to protect the character of the countryside, the visual amenity of the area and nature conservation interests. 9. Prior to any development being undertaken, a revised Construction and Environmental Management Plan (CEMP), covering the revised period of 40 years, and outlining site specific details of all on-site construction works, post construction reinstatement works, drainage and mitigation, together with details of their timetabling, shall be submitted to, and approved in writing by, the Planning Authority. The CEMP shall include, but not be limited to: a) a site waste management plan to address all aspects of waste produced during the construction period, other than peat, including details of contingency planning in the event of accidental release of materials which could cause harm to the environment; b) details of the formation of the construction compounds, welfare facilities, any areas of hardstanding, turning areas, internal access tracks, car parking, material stockpiles, oil storage, lighting columns, and any construction compound boundary fencing; c) a dust management plan; d) site specific details for the management and operation of any concrete batching plant, including the disposal of pH rich waste water substances. The concrete batching plant should be a closed system and located within a site compound; e) details of measures to be taken to prevent loose or deleterious material being deposited on the local road network, including wheel cleaning and lorry sheeting facilities and measures to clean site entrances and the adjacent local road network; f) a pollution prevention and control method statement; g) a soil storage and management plan; Page 11 of 274
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h) a peat management plan, which shall include details of vegetated turf stripping and storage, peat extraction (including volumes), handling, storage and re-use; i) a drainage management strategy, demonstrating how all surface and waste water arising during and after development will be managed and prevented from polluting any watercourses or source; j) a surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains and the location of settlement lagoons for silt laden water; k) a sewage disposal and treatment plan; l) details of temporary site illumination; m) details of the construction of the accesses into the site and the creation and maintenance of associated vision splays; n) the method of crane pad construction; o) the method of turbine foundation construction; p) the method of working for cable trenches; q) the method of wind turbine construction and erection; r) details of watercourse crossings; s) details of post-construction / reinstatement of the working areas not required during the operation of the development, including construction access tracks, construction compounds, storage areas, laydown areas, access tracks, passing places and other construction areas. Wherever possible, reinstatement is to be achieved by the careful use of turfs removed during construction works. Details shall also include all seed mixes proposed to be used for the reinstatement of surface vegetation, which should be sourced locally; t) a wetland ecosystems survey and mitigation plan; u) a Habitat Management Plan, as required by condition 16; v) measures to ensure that the temporary storage of all materials, whether excavated or required for construction purposes, are stored on the side of an excavation away from Special Areas of Conservation (SAC), where practicable or optimal given other environmental considerations; w) details of the temporary fencing to be erected on the SAC side of turbine WTG3 construction area; which is required to prevent plant machinery and materials straying close to the SAC. The fence should be a minimum 100 metres from the edge of the SAC. Turbines and tracks must be located at least 50 metres from the boundary of the SAC; and, x) details of required interceptor drainage, or other devices, to be used between the construction area Page 12 of 274
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and the SAC, so as to divert any silt laden water away from the SAC. In addition, details of measures required to avoid silted run-off reaching the watercourse to the north of turbine 3. Any drains cut for these purposes to be restored post-construction; The development shall be implemented thereafter in accordance with the approved CEMP unless otherwise approved in advance in writing by the Planning Authority. Reason: In the interests of protecting environmental quality and of biodiversity; to ensure no adverse impact on River Tay and its Special Area of Conservation designation. 10. Construction work which is audible from any noise- sensitive receptor shall only take place on the site between the hours of 07.00 and 19.00 Monday to Saturday inclusive, with no construction work taking place on Sundays or national public holidays. Outwith these specified hours development on the site shall be limited to turbine erection, maintenance, emergency works, dust suppression, and the testing of plant and equipment, unless otherwise approved in advance in writing by the Planning Authority. HGV movements to and from the site (excluding abnormal loads) during construction of the wind farm shall only take place between the hours of 07.00 to 19.00 Monday to Friday and 07.00 to 16.00 on Saturdays, with no HGV movements to and from the site taking place on Sundays or national public holidays. Reason: In order to safeguard the residential amenity of the area. 11. Prior to any development being undertaken, the developer shall submit for the written approval of the Planning Authority a Construction Traffic Management Scheme (TMS). The TMS shall include: a) the restriction of construction traffic to approved routes and the measures to be put in place to avoid the use of other routes; b) the travel times of construction traffic in order to minimise its impact on local communities, particularly at the start and end of the school day, on days when refuse collection is undertaken, during local events and on Sundays; c) a code of conduct for HGV drivers to allow queuing traffic to pass; d) arrangements to be put in place to ensure liaison between the council, as Roads Authority, and the developer regarding the winter maintenance of roads; e) emergency measures detailing communication and contingency arrangements in the event of vehicle breakdown; f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction Page 13 of 274
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sites associated with the development being deposited on the road; g) arrangements for the cleaning of roads affected by material deposited from construction sites associated with the development; h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic; i) details of information signs to inform other road users of construction traffic movements; j) arrangements to ensure that access for emergency services are not impeded; k) co-ordination with other major commercial users known to use the roads affected by construction traffic; l) monitoring, reporting and implementation arrangements; and, m) arrangements for dealing with the non-compliance of matters highlighted in clauses a) to l) above. The TMS, as approved, shall be strictly adhered to throughout the construction phase of the development all to the satisfaction of the council as Planning Authority Reason: In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 12. Prior to the commencement of abnormal load deliveries to the site, the proposed route for any abnormal loads on the trunk road network must be approved by the trunk roads authority prior to its movement. Any accommodation measures required on the trunk road network, including the removal of street furniture, junction widening, traffic management must also be approved by the trunk roads authority. Reason: In the interests of road safety. 13. During the delivery period of wind turbine construction materials, any additional signage or temporary traffic control measures deemed necessary on the trunk road network due to the size or length of any loads being delivered or removed must be undertaken by a recognised QA traffic management consultant, to be approved by Transport Scotland before deliveries commence. Reason: In the interests of road safety. 14. Prior to any development being undertaken, a specification for the proposed Northern access shall be submitted to the Council as Planning Authority for written approval. Thereafter, the agreed scheme shall be constructed in accordance with the submitted drawings, prior to the delivery of any turbine components. Reason: In the interests of road safety; to ensure the provision of adequate visibility of the vehicular access Page 14 of 274
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15. Prior to any development being undertaken, a scheme providing for (i) remedial work as required as a result of damage to the local road network directly attributable to the construction of the wind farm and (ii) pre- / post- construction surveys of the local road network shall be submitted to and approved in writing by the Planning Authority. The scheme shall be implemented as agreed. Reason: In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 16. Prior to any development being undertaken, the developer shall submit an Updated Habitat Management Plan to the Planning Authority for its written approval. The Habitat Management Plan shall set out measures for the management of habitats within the wind farm site during the periods of construction, operation, decommissioning, restoration and aftercare. The Plan shall also provide for the maintenance, monitoring and reporting of species in the area as appropriate and required. The Updated Habitat Management Plan shall make provision for the regular monitoring and review of species and their habitats and allow for the consideration of amendments to better meet the objectives of the Plan. In particular, the Updated Habitat Management Plan shall be updated to reflect the findings of ground condition surveys to be undertaken following construction of the turbines and prior to the first date of generation of electricity from the development to the grid. Unless otherwise agreed in writing with the Planning Authority, the approved Updated Habitat Management Plan shall be first implemented in the 6 months preceding the commencement of development and thereafter throughout the operational life of the development, in accordance with timescales specified in the approved Updated Habitat Management Plan. 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). 17. Prior to any development being undertaken, details of the pre-construction survey work for legally protected species (other than birds which are to be surveyed in accordance with condition 18) shall be submitted to and approved in writing by the Planning Authority. The details to be approved shall include: a) the species to be surveyed; and, b) the areas to be surveyed (including all areas directly affected by construction activity, together with appropriate species specific buffers in order to identify any species that may be disturbed by construction activity and to allow for the micro siting of turbines where necessary). The surveys shall be Page 15 of 274
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carried out as approved at an appropriate time of year for each species and prior to construction works taking place. The species to be surveyed shall include, but not limited to, wild cat and otter. A watching brief should also be undertaken by the ECOW during construction activities should new species habitats be identified. The Planning Authority shall thereafter approve in writing any species protection plans as required, with reference to information contained in the ES, SEI and pre- construction surveys. Reason: In the interests of protecting environmental quality and of biodiversity. 18. Prior to any development being undertaken, a specification and timetable for a pre-construction bird survey, in respect of protected species and the nests of any breeding birds on the site shall be submitted to and approved in writing by the Planning Authority. The surveys shall be undertaken by a qualified ecologist in accordance with the approved specification and timetable in the breeding season preceding the commencement of site preparation and construction works. The results of the surveys, and a programme of any consequential mitigation measures that may be required, including a timetable for their implementation, shall be submitted to and approved in writing by the Planning Authority prior to any works associated with the development taking place. The programme of mitigation measures shall be implemented as approved under the supervision of a qualified ecologist all to the satisfaction of the Planning Authority. Reason: In the interests of protecting environmental quality and of biodiversity. 19. Prior to any development being undertaken, a specification and timetable for a post construction monitoring survey of Black Grouse shall be submitted to and approved in writing by the Planning Authority. The survey shall be undertaken by a qualified ecologist in accordance with the approved specification and timetable. The survey results, a programme of any consequential mitigation measures that may be required, including a timetable for their implementation, shall be submitted to the Planning Authority for its written approval within 2 months of the completion of the survey work. The programme of mitigation measures shall be implemented as approved under the supervision of a qualified ecologist all to the satisfaction of the Planning Authority. Reason: In the interests of protecting environmental quality and of biodiversity. 20. No works, including the construction of turbines and access tracks and decommissioning works shall be Page 16 of 274
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undertaken within 750 metres of any Black Grouse lek before 9 am during the black grouse breeding season; March and April. Reason: In the interests of protecting environmental quality and of biodiversity. 21. Prior to any development being undertaken, an updated Deer Management Plan shall be submitted to and approved in writing by the Planning Authority. The Updated Deer Management Plan shall set out measures for the long-term management of deer using the wind farm site and shall provide for the monitoring of deer numbers on the site from the commencement of development until the completion of site restoration works. The approved Updated Deer Management Plan shall thereafter be implemented in full. Reason: In the interests of protecting environmental quality and of biodiversity. 22. No development shall take place within the area outlined in red as shown on the approved SEI Site Layout Plan Figure 1.2, dated 7 July 2015, of application 15/01691/FLM, until a programme of archaeological works has been submitted to and approved in writing by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeology works is fully implemented. Reason: In the interests of protecting environmental quality and of biodiversity. 23. Prior to any development being undertaken, measures for the avoidance or mitigation of any shadow flicker experienced by residential or commercial properties situated within 10 rotor diameters of any turbine forming part of the development and which lawfully exists or for which planning permission has been granted at the date of this planning permission shall be submitted to, and approved in writing by, the Planning Authority. The approved mitigation measures shall thereafter be implemented in full. Reason: In order to safeguard the residential amenity of the area. 24. Prior to any development being undertaken, a Television Reception Mitigation Plan shall be submitted to, and approved in writing by, the Planning Authority. The Television Reception Mitigation Plan shall establish a baseline level of television reception prior to the installation of any turbine forming part of the development, the results of which shall be submitted to the Planning Authority. The approved Television Reception Mitigation Plan shall thereafter be implemented in full. Any claim by any individual person regarding television picture loss or interference at their house, business premises or other building, made during the period from the installation of any turbine forming part Page 17 of 274
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of the development to the date falling twelve months after the date of final commissioning, shall be investigated by a qualified engineer appointed by the developer, the results of which shall be submitted to the Planning Authority. Should any impairment to the television signal be attributable to the development, the developer shall remedy such impairment so that the standard of reception at the affected property, or properties, is equivalent to the baseline television reception established in the Television Reception Mitigation Plan. Reason: In order to safeguard the residential amenity of the area. 25. Prior to any development being undertaken, the developer shall provide to the Planning Authority, Ministry of Defence, Defence Geographic Centre and NATS the following information, and has provided evidence to the Planning Authority of having done so: a) the date of the expected commencement and conclusion of each phase of construction; b) the maximum height above ground level of the tallest structure forming part of the development; c) the maximum extension height of any construction equipment; and d) the position of the turbines in latitude and longitude. Reason: In the interest of protecting the safety of airports 26. On completion of the development, the developer shall notify the Ministry of Defence of the final latitude, longitude and elevation of each turbine should it be different to that information provided in condition 25. Reason: In the interest of protecting the safety of airports 27. Prior to the erection of the first turbine, the developer shall submit to the Planning Authority for its written approval a scheme for the installation of Ministry of Defence accredited aviation safety lighting. The scheme shall include details of the infra-red aviation lighting to the applied. No lighting other than that described in the scheme may be installed at the site, other than that required for health and safety purposes. All perimeter turbines should be fitted with 25 candela omni-directional red lighting or infrared lighting with an optimised flash pattern of 60 flashes per minute of 200-500 milliseconds duration at the highest practicable point. Thereafter the development shall be operated in accordance with the approved scheme. Reason: In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality 28. If one or more turbines fail to generate electricity for a continuous period of 12 months, then unless otherwise agreed in writing by the Planning Authority, no later than the date of expiration of the 12 month period, the developer shall: Page 18 of 274
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(i) by no later than six months from the date of expiration of the 12 month period, submit a scheme to the Planning Authority setting out how the relevant turbines(s) and associated infrastructure will be removed from the site and the ground restored; and (ii) implement the approved scheme within six months of the date of its approval, all to the satisfaction of the Planning Authority Reason: In the interest of proper site management. 29. The development shall be decommissioned and will cease to generate electricity by no later than the date falling 40 years from the first date of generation of electricity from the development to the grid. The total period for restoration of the site in accordance with this condition shall not exceed three years from the date falling 40 years from the first date of generation of electricity from the development to the grid without the prior written approval of the Planning Authority. No development shall take place until a strategy for the decommissioning, restoration and aftercare of the site has been submitted to and approved in writing by the Planning Authority. The strategy shall describe measures for the decommissioning of the development, restoration and aftercare of the site and shall include, without limitation, proposals for the removal of the above ground elements of the development, the treatment of ground surfaces, the management and timing of the works, and environmental management provisions. No later than one year prior to the decommissioning of the development or the expiration of this planning permission (whichever is the earlier) a detailed Decommissioning, Restoration and Aftercare Plan, based upon the approved decommissioning, restoration and aftercare strategy shall be submitted to the Planning Authority for its written approval. The detailed Decommissioning, Restoration and Aftercare Plan shall provide updated and detailed proposals for the removal of the development, the treatment of ground surfaces, the management and timing of the works, and environmental management provisions, including: a) a site waste management plan, dealing with all aspects of waste produced during each phase of decommissioning, restoration and aftercare; b) details of the formation of the compound(s), welfare facilities, any area of hardstanding, turning areas, internal access tracks, car parking, material stockpiles, oil storage, lighting columns, and any compound boundary fencing; c) a dust management plan; d) details of the measures to be taken to prevent loose or deleterious material being deposited on the local Page 19 of 274
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road network, including wheel cleaning and lorry sheeting facilities and measures to clean site entrances and the adjacent local road network; e) a pollution prevention and control method statement, including arrangements for the storage and management of oil and fuel on the site; f) soil storage and management; g) a surface water and groundwater management and treatment plan, including details for the separation of clean and dirty water drains and the location of settlement lagoons for silt laden water; h) sewage disposal and treatment; i) temporary site illumination; j) the construction of any temporary access into the site and the creation and maintenance of associated visibility splays; k) details of watercourse crossings; and, l) a species protection plan based on surveys for protected species (including birds) carried out no longer than 18 months prior to the submission of the species protection plan. The development shall be decommissioned, restored and cared for thereafter in accordance with the approved plan, unless otherwise agreed in writing in advance with the Planning Authority. Reason: To ensure the turbines are removed from the site at the end of their operational life, and to protect the character of the countryside, the visual amenity of the area and nature conservation interests. 30. No later than one year prior to the decommissioning of the development or the expiration of this planning permission (whichever is the earlier) the Planning Authority shall approve in writing the terms of reference for the appointment of an independent and suitably qualified consultant(s) to act as Environmental Clerk of Works (ECOW) to oversee the decommissioning, restoration and aftercare of the site. The appointment of the ECOW shall be at the developer’s expense. The ECOW shall undertake a watching brief throughout the decommissioning phase of the development, the restoration of the site and its aftercare and shall have authority to stop operations or alter the means of decommissioning, restoration and aftercare should there be any works occurring which are having a significant adverse impact on natural heritage. The ECOW shall have responsibility for the following: a) monitoring compliance with the measures set out in the approved Decommissioning, Restoration and Aftercare Plan at condition 29; b) advising the developer on adequate protection of nature conservation interest on the site, including altering decommissioning, restoration or aftercare Page 20 of 274
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practices if existing practices are having a significant adverse impact on the natural heritage of the site; c) advising on the acceptability of the siting of compounds, welfare facilities, any area of hardstanding, turning areas, internal access tracks, car parking, material stockpiles, oil storage, lighting columns, and any compound boundary fencing infrastructure. If any protected species are found on site, the ECOW shall ensure that work is suspended at that location until a protected species protection plan has been prepared and implemented; d) submitting a monthly report for the review of the Planning Authority during decommissioning, restoration and aftercare operations; and, e) the ECOW is required to notify the Planning Authority in writing, and copied to the developer, at the earliest practical opportunity if: i. there has been a requirement to stop or alter works in relation to this condition; and, ii. it is considered that there has been non- compliance within the terms of the deemed planning permission and the conditions attached to it. The ECOW shall be appointed on the approved terms of reference throughout the period beginning no later than two weeks prior to the commencement of decommissioning, restoration and aftercare works. Reason: To ensure the turbines are removed from the site at the end of their operational life, and to protect the character of the countryside, the visual amenity of the area and nature conservation interests. 31. Prior to any development being undertaken, the developer shall deliver to the Planning Authority a bond or other form of financial guarantee, in terms acceptable to the Planning Authority, which secures the cost of performance of all decommissioning, restoration and aftercare obligations set out in condition 29. The financial guarantee shall thereafter be maintained in favour of the Planning Authority until the date of completion of decommissioning, restoration and aftercare obligations set out in condition 29. The value of the financial guarantee shall be determined by a suitably qualified independent professional as being sufficient to meet the costs of all decommissioning, restoration and aftercare obligations contained in condition 29. The value of the financial guarantee shall be reviewed by a suitably qualified independent professional no less than every five years and increased or decreased to take account of any variation in costs of compliance with decommissioning, restoration and aftercare obligations and best practice Page 21 of 274
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prevailing at the time of each review to the satisfaction of the Council as Planning Authority. Reason: To ensure that at all times there are sufficient funds available to ensure that the removal of all development and site restoration can occur. 32. Prior to any development being undertaken, a community liaison group consisting of the developer, the Planning Authority and Community Councils identified by the Planning Authority shall be established in order to communicate and update on changes to the Construction Traffic Management Schem (CTMS) as agreed by the Planning Authority. Reason: to ensure that the local community is kept informed on the scheduled timing of abnormal loads and routing of construction traffic during the course of construction works. 33. The rating level of noise immissions from the combined effects of the wind turbines hereby permitted (including the application of any tonal penalty and amplitude modulation (AM) penalty), when determined in accordance with the attached Guidance Notes, shall not exceed the values for the relevant integer wind speed set out in or derived from tables 1 and 2 attached to this condition and: Table 1: Green Burn Only Daytime Noise Limit LA90 (dB) Page 22 of 274
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Table 2: Green Burn Only Night-time Noise Limit LA90 (dB) Wind Speeds (m/s) a) prior to the commencement of work on the site the wind farm operator shall submit to the Planning Authority for its written approval a method statement describing how the selected turbines will meet the Page 23 of 274
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conditional limits including details of any mitigation necessary; b) within 21 days from receipt of a written request from the Planning Authority, following a complaint to it alleging noise disturbance at a dwelling, the wind farm operator shall, at its expense, employ a suitably qualified independent consultant and provide a written protocol for the approval of the Planning Authority. The protocol shall describe the procedure to assess the level and character of noise immissions from the wind farm at the complainant’s property in accordance with the procedures set out in the Guidance Notes below. The written request from the Planning Authority shall set out as far as it is possible the time or metrological conditions to which the complaint relates and time or conditions relating to tonal noise or AM if applicable. Measurements to assess compliance with the noise limits shall be undertaken in accordance with the assessment protocol which shall be approved in writing by the Planning Authority; c) the wind farm operator shall provide to the Planning Authority the independent consultant’s assessment of the rating level of noise immissions undertaken in accordance with the protocol within 2 months of the date of the approval of the protocol by the Planning Authority, unless otherwise agreed by the Planning Authority. The assessment shall include all data collected for the purposes of undertaking the compliance measurements and analysis, such data is to be provided in a format to be agreed with the Planning Authority. Certificates of calibration of the equipment shall also be submitted to the Planning Authority with the report; and d) where a further assessment of the rating level of noise immissions from the wind farm is required pursuant to Guidance Note 5 of the attached Guidance Notes, the wind farm operator shall submit a copy of the further assessment within 21 days of the submission of the independent consultant’s initial assessment, unless otherwise agreed by the Planning Authority. Reason: to protect the amenity of local residents. Guidance Notes in respect of Noise Condition 33 These notes are to be read with and form part of the noise condition 33. The measured data is to be split into bins as described below. The rating level in each bin is the arithmetic sum of the wind farm noise level, any tonal penalty applied in accordance with Note 3 and any AM penalty applied in accordance with Note 4. Reference to ETSU-R-97 refers to the Page 24 of 274
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publication entitled ‘The Assessment and Rating of Noise from Wind Farms’ (1997) published by the Energy Technology Support Unit (ETSU) for the Department of Trade and Industry (DTI). IOAGPG is ‘A Good Practice Guide to the Application of ETSU-R-97 for the Assessment and Rating of Wind Turbine Noise’ or any update of that report current at the time of measurement. The IOA Metric is ‘A Method for Rating Amplitude Modulation in Wind Turbine Noise’, dated 9 August 2016 or any update of that current at the time of measurement. Note 1 – Data Collection a) Values of the LA90, 10-minute noise index should be measured in accordance with the IOAGPG. Measurements shall be undertaken in such a manner to enable a tonal penalty to be calculated and to allow an AM penalty to be calculated for selected periods where a tonal or AM assessment is required; and, b) To enable compliance with the condition to be evaluated, the wind farm operator shall continuously log arithmetic mean wind speed in metres per second (m/s) and arithmetic mean wind direction in metres from north in each successive 10-minutes period in a manner to be agreed in writing with the Planning Authority. The wind speed at turbine hub height shall be 'standardised' to a reference height of 10 metres as described in ETSU-R-97 at page 120 using a reference roughness length of 0.05 metres. It is this standardised 10 metre height wind speed data which are correlated with the noise measurements determined as valid. The wind farm operator shall continuously log arithmetic mean nacelle anemometer wind speed, arithmetic mean nacelle orientation, arithmetic mean wind direction as measured at the nacelle and whether each wind turbine is running normally during each successive 10-minutes period for each wind turbine on the wind farm. All 10-minute periods shall commence on the hour and in 10-minute increments thereafter synchronised with Universal Time (UT). Note 2 – Data Analysis a) The independent consultant shall identify a sub-set of data having had regard to: • the conditions (including time of day and corresponding wind directions and speeds) at times in which complaints were recorded; • the nature/description recorded in the complaints if available; • information contained in the written request from the local Planning Authority; • likely propagation effects (downwind conditions or otherwise); Page 25 of 274
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• the results of the tonality/AM analysis where relevant. In
cases where it is possible to identify patterns of clearly
different conditions in which complaints have arisen,
additional sub-sets may be considered provided this
does not introduce unreasonable complexity in the
analysis and can be justified by the independent
consultant. b) Within each of sub-set(s) of data
identified, data shall be placed into separate 1 m/s wide
wind speed bins.
Note 3 – Tonal Penalty
a) Where, in accordance with the protocol, the noise contains
or is likely to contain a tonal component, a tonal audibility
shall be calculated for each ten-minute period using the
following procedure;
b) For each 10-minute period for which a tonal assessment is
required this shall be performed on noise immissions
during 2-minutes of each 10-minute period. The 2- minute
periods should be spaced at 10-minute intervals provided
that uninterrupted uncorrupted data are available ("the
standard procedure");
c) For each of the 2-minute samples the tone level above
audibility shall be calculated by comparison with the
audibility criterion given in Section 2.1 on pages 104 -109
of ETSU-R-97. Samples for which the tones were below
the audibility criterion or no tone was identified, a value of
zero audibility shall be substituted; and,
d) The tone level above audibility for each ten-minute period
shall be placed in the appropriate data sub-set and wind
speed bin.
Note 4 – AM Penalty
a) Where, in accordance with the protocol, the noise contains
or is likely to contain AM, an AM penalty shall be calculated
for each ten-minute period using the following procedure;
and,
b) For each 10-minute interval for which an AM assessment is
required this shall be performed in accordance with The
IOA Metric. The value of AM for each ten-minute period
shall be converted to a penalty in decibels in accordance
with the graph below and shall be placed in the appropriate
data sub-set and wind speed bin.
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Note 5 – Calculation of Rating Level a) The LA90 sound pressure level for each data sub-set and wind speed bin is the average of all the 10 minute sound pressure levels within that data sub-set and wind speed bin except where data has been excluded for reasons which should be clearly identified by the independent consultant. The tonal penalty for each bin is the average of the separate 10-minute tonal audibility levels in the bin converted to a penalty in accordance with Fig 17 on page 104 of ETSU-R-97. The AM penalty for each bin is the average of the AM penalties in the bin. The assessment level in each bin is the arithmetic sum of the bin LA90, the bin tonal penalty and the bin AM penalty; b) If the assessment level in every bin lies at or below the values set out in the Table(s) attached to the conditions then no further action is necessary. In the event that the assessment level is above the limit(s) set out in the Tables attached to the noise conditions in any bin, the independent consultant shall undertake a further assessment of the rating level to correct for background noise so that the rating level relates to wind turbine noise immission only; and, c) The wind farm operator shall ensure that all the wind turbines in the development are turned off for such periods as the independent consultant requires to undertake the further assessment. The further assessment shall be undertaken in accordance with the following steps: i. Repeating the steps in Note 1, with the wind farm switched off, and determining the background noise (L3) in each bin as required in the protocol. At the discretion of the consultant and provided there is no reason to believe background noise would vary with wind direction, background noise the background Page 27 of 274
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noise in bins where there is insufficient data can be assumed to be the same as that in other bins at the same wind speed. ii. The wind farm noise (L1) in each bin shall then be calculated as follows where L2 is the measured level with turbines running but without the addition of any tonal nor AM penalty: iii. The rating level shall be calculated by adding the tonal and AM penalties to the derived wind farm noise L1 in that bin. iv. If the rating level after adjustment for background noise contribution and adjustment for tonal and AM penalties in every bin lies at or below the values set out in the Tables attached to the condition at all wind speeds then no further action is necessary. If the rating level at any integer wind speed exceeds the values set out in the Table(s) attached to the condition then the development fails to comply with the planning condition in the circumstances represented by that bin. Reason: In the interests of amenity and to prevent undue noise from the wind farm. 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. 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. 2. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk Page 28 of 274
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(2) Local Applications (i) 24/00085/FLL - Change of use and alterations to dwellinghouse to form 2 short-term let accommodation units, Lagreach Cottage, Lagreach Lane, Pitlochry, PH16 5QW (Report No. 24/306) Motion (Councillors D Cuthbert and B Brawn) Grant, in accordance with the Report of Handling under deletion of Condition 8. Amendment (Councillor K Harvey and Bailie C McLaren) Grant, subject to the following terms, conditions and informatives: Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been 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. Development shall not commence until the developer has secured an archaeological standing building survey, to be carried out by an independent and suitably qualified archaeological organisation. The scope of the archaeological standing building survey will be set by the Council as Planning Authority in consultation with Perth and Kinross Heritage Trust. The name of archaeological organisation retained by the developer shall be given to the Council as Planning Authority and PKHT in writing not less than fourteen days before the commencement date provided in the Notice of Initiation of Development. Copies of the resulting survey shall be deposited in the National Record of the Historic Environment and in the Perth and Kinross Historic Environment Record upon completion of the survey. Reason: To ensure an appropriate archaeological standing building survey is carried out and the resulting survey is recorded properly. 4. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document(s) 07 relates) shall be fully adhered Page 29 of 274
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to, respected and undertaken as part of the construction phase of development, to the satisfaction of the Council as 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). 5. An updated bat survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the bat survey approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. 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). 6. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, six bird bricks/boxes shall be provided on the completed buildings. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. Reason: In the interests of protecting environmental quality and of biodiversity. 7. Prior to the commencement of the development hereby approved, details of the proposed boundary treatments for the site shall be submitted to and agreed by the Council as Planning Authority. The scheme as subsequently 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 and residential amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 8. The development hereby approved shall be used solely for holiday accommodation and shall not be occupied as the sole or main residence of any occupant. Reason: In order to clarify the terms of the permission; to control and restrict the use of the building. 9. No part of the development hereby approved shall be occupied, until all (six) of the car parking spaces shown on the approved plans in Drawing Number 06, have been implemented and thereafter maintained. Reason: In the interests of road safety; to ensure the provision of adequate off-street car parking facilities. Page 30 of 274
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Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. 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. Records indicate that at least part of the proposed development site lies within a radon affected area where the measurement/monitoring of radon gas and the installation of mitigation measures may be required. Further information on radon gas and the associated reports that can be obtained is available at www.ukradon.org and at http://shop.bgs.ac.uk/georeports/. 4. It is important that the developer, or their agent, contact Perth and Kinross Heritage Trust as soon as possible to explain the procedure of works required and, if necessary, prepare for them written Terms of Reference. 5. Perth and Kinross Heritage Trust advice is based on information held on the Perth and Kinross Historic Environment Record. This database of archaeological sites and historic buildings is regularly updated. 6. 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. 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 Page 31 of 274
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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. 7. The developer is advised that holiday accommodation and STLs require to be licensed under the terms of Article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-terms Lets) Order 2021 and therefore a licence application should be made to Perth and Kinross Council prior to operation commencing. Further information and application forms are available at https://www.pkc.gov.uk/shorttermlets. 8. The proposed demolition and/or building works likely to cause harm to bats should not commence until the applicant has obtained the relevant licence issued by NatureScot pursuant to Regulation 53 of The Conservation of Habitats and Species Regulations 2010 authorizing the specified activity/development to go ahead. 9. Existing buildings or structures may contain nesting birds between 1st March and 31st August inclusive. 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. 10. 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 clarify the car parking layout. In terms of Standing Order 21.5 a roll call vote was taken. 4 members voted for the Motion as follows: Councillors K Allan, B Brawn, D Cuthbert and D Illingworth 6 members voted for the Amendment as follows: Councillors K Harvey, I Massie, Bailie C McLaren, G Stewart, R Watters and Bailie M Williamson. Resolved: In accordance with the Amendment. FOLLOWING A 5 MINUTE RECESS THE COMMITTEE RECONVENED. Page 32 of 274
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(ii) 23/01575/FLL - Extension to storage building, A Proctor Insulation Ltd, A Proctor Group, Industrial Estate, Dunkeld Road, Blairgowrie, PH10 6RT (Report No. 24/307) Ms K Proctor, applicant, addressed the Committee and answered Members questions. Motion (Bailie C McLaren and Councillor K Harvey) Grant, subject to the following terms, conditions and informatives: Conditions 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. No outside storage of material, crates or containers shall take place between the east facing elevation of the extended building and eastern site boundary. Reason: In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 4. Prior to the commencement of the development hereby approved, a detailed landscaping and planting scheme for the site shall be submitted for the written agreement of 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 to the satisfaction of the Council as Planning Authority. Reason: To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. Page 33 of 274
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5. The hours of operation of the building shall be restricted to 0800 hours to 1700 hours Monday to Friday only. Reason: In order to safeguard the neighbouring residential amenity in the area. 6. Servicing of and deliveries to the building shall be carried out between 0800 and 1700 Monday to Friday only. Reason: In order to safeguard the neighbouring residential amenity in the area. 7. 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. 8. 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. Reason: In order to safeguard the neighbouring residential amenity in the area. 9. Development shall not commence on site until all outstanding requirements for the sustainable urban drainage system (SUDS) as set out in the AECOM consultation response document 32, have been submitted for the written agreement of the Council as Planning Authority. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason: To ensure the provision of effective drainage for the site. 10. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document(s) 13 Preliminary Ecological Appraisal Report relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development, to the satisfaction of the Council as Planning Authority. Reason: In the interests of protecting environmental quality and of biodiversity. 11. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework Page 34 of 274
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greater than 150 mm outside diameter being blanked off at the end of each working day Reason: In order to prevent animals from being trapped within any open excavations. 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. No work shall be commenced until an application for building warrant has been submitted and approved. 4. The applicant is advised to ensure that servicing and delivery vehicles are still able to turn within the site and exit in a forward-facing gear onto the public road network in the interests of road safety on Dunkeld Road. 5. A search of the historical mapping has not identified any potential sources of contamination likely to impact upon the proposed development site and there is no further information held by the Authority to indicate that the application area has been affected by contamination. However, it shall be the responsibility of the applicant to satisfy themselves that the ground conditions are suitable for the development for which planning consent has been granted. 6. 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 size of the building and submission of detailed drainage information. 7. Existing buildings or structures may contain nesting birds between 1st March and 31st August inclusive. 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 Page 35 of 274
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permission for a development does not provide a defence against prosecution under this Act. 8. 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. 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. 9. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk Amendment (Councillors B Brawn and K Allan) Refuse, on the basis that the proposal is not compatible with residential amenity of the area and is therefore contrary to Policies 1A and 1B(c) of the Local Development Plan 2 (2019) and National Planning Framework 4 Policy 14. In terms of Standing Order 21.5 a roll call vote was taken. 8 members voted for the Motion as follows: Councillors D Cuthbert, K Harvey, D Illingworth, I Massie, Bailie C McLaren, G Stewart, R Watters and Bailie M Williamson. 2 members voted for the Amendment as follows: Councillors K Allan and B Brawn Resolved: In accordance with the Motion. Page 36 of 274
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6. PROPOSAL OF APPLICATION NOTICES (PAN) (i) 24/00009/PAN - Change of use of land to form extension to existing holiday park comprising siting of holiday/staff accommodation units, covered event space, classroom, landscaping and associated operational development, Lochtay Highland Lodges, Killin, FK21 8TY (Report No. 24/308) Bailie M Williamson requested due consideration be given to; (1) additional light pollution; (2) mitigation to prevent sewage spillages; (3) mitigation against blue algae on Loch Tay; (4) landscaping, trees and visual biodiversity which take into consideration changing climatic conditions; (5) the potential increase in usage of sporting and leisure activities on Loch Tay; and (5) the potential impact on residential impact on the wider area. The contents of the Report by the Strategic Lead – Economy, Development and Planning, were noted. Page 37 of 274
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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. 24/357) PROPOSAL: Erection of 152 dwellinghouses and associated works (approval of matters specified by conditions (17/00939/IPM) LOCATION: Land 200 Metres West of Blairgowrie & Rattray Cottage Hospital, Perth Road, Blairgowrie Ref. No: 23/01941/AMM Ward No: P3- Blairgowrie and Glens Summary This report recommends approval of the application for a development comprising the erection of 152 dwellinghouses on land 200 Metres West of Blairgowrie and Rattray Cottage Hospital, Perth Road, Blairgowrie. The development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations that outweigh this conclusion. BACKGROUND AND DESCRIPTION OF PROPOSAL 1 The application site is located to the immediate north of Dunkeld Road, Blairgowrie. It slopes gently from north (c.94m AOD) to south (c.74m AOD), extends to c.6.5 hectares and comprises grassland, bordered by a line of mature trees and enclosed by post and wire fencing along the northern and western boundaries. ‘Galabank’ footpath lies within the north and west extents, linking to core path (BLAI/31) which connects users from Dunkeld Road to Newton Street. 2 The settlement edge of Blairgowrie lies to the east and south. Particularly private gardens, relating to the properties on Dunkeld Road, are immediately adjacent to the southern boundary. Further properties on Dunkeld Road adjoin the western boundary. 3 ‘Craighall Rattray’, a Garden and Designed Landscape is approximately 1.9km to the north. There are also category A, B and C listed buildings nearby, including Newton Castle (category A) to the north. 4 The site is allocated within the Perth and Kinross Local Development Plan 2 (2019) (LDP2) as the northern part of ‘MU5 - Western 5(1)(i) Page 39 of 274
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Blairgowrie’ a 24.55ha planned mixed-use opportunity (residential, employment and education uses). Planning permission in principle (PPP) for a mixed-use development (employment, retail, residential, community and education) for the entire MU5 allocation was approved in December 2018. 5 MU5 related development has and is to be delivered in phases, with Phase 1A focusing on retail units and associated works having been approved in January 2020 (Ref: 19/00163/AMM) and now at an advanced stage of construction. 6 Planning permission (Ref: 22/00060/AMM) for 71 houses and 32 flats (Phases 1B and 2A) was approved in March 2023. This permission includes 73 affordable housing units (34 Social Rent and 39 Mid-Market Rent), which represents a significant proportion of the 25% requirement for the wider MU5 allocation. Development has not yet commenced. 7 Initially, the current application sought approval for 171 dwellinghouses, however, however this was not seen as appropriate and the application has taken account of feedback and reduced this number to 152, with other associated revisions to the layout. The application was re-neighbour notified, advertised and consulted as a result. 8 The 152 dwellinghouses proposed will form Phase 3 of the MU5 allocation in LDP2. There will be an access off Dunkeld Road, at the point of an existing field access. This access will run in an east-west direction, bisecting the site. Proposed SUDS will be located on its south side. Car parking is to be provided in various parking courts, within plots and on-street parking. ENVIRONMENTAL IMPACT ASSESSMENT 9 The impact of the MU5 development was screened for EIA (14/01768/SCRN) and it was determined that the proposal did constitute EIA development. As such an EIA Report supported the application for planning permission in principle. PRE-APPLICATION CONSULTATION 10 Pre application Reference: 14/00008/PAN. 11 The proposed development is classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. However, as the proposal is an AMSC application, further pre-application consultation (PAC) is not necessary beyond that already undertaken for the planning permission in principle. Page 40 of 274
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DEVELOPMENT PLAN 12 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 13 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. 14 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 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 16: Quality Homes • Policy 18: Infrastructure First • Policy 19: Heating and Cooling • Policy 20: Blue and Green Infrastructure • Policy 22: Flood Risk and Water Management • Policy 23: Health and Safety Perth and Kinross Local Development Plan 2019 15 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. 16 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions Page 41 of 274
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• Policy 6: Settlement Boundaries • Policy 14B: Open Space Retention and Provision: Open Space within New Developments • Policy 15: Public Access • Policy 17: Residential Areas • Policy 20: Affordable Housing • Policy 25: Housing Mix • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 27A: Listed Buildings • Policy 28A: Conservation Areas • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 34A: Sustainable Heating &Cooling: Heat Networks, Major Development and LDP Site Allocations • Policy 38A: Environment and Conservation: International Nature Conservation Sites • Policy 39: Landscape • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 45: Lunan Lochs Catchment Area • Policy 47: River Tay Catchment Area • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • 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 57: Air Quality • Policy 58A: Contaminated and Unstable Land: Contaminated Land • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 17 • Supplementary Guidance - Air Quality (adopted in 2020) • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020) Page 42 of 274
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PKC NON STATUTORY GUIDANCE 18 • Planning Guidance - Delivery of Development Sites • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft) NATIONAL GUIDANCE 19 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 20 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 2/2010 Affordable Housing and Housing Land Audits • PAN 3/2010 Community Engagement • PAN 1/2011 Planning and Noise • 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 • PAN 79 Water and Drainage Creating Places 2013 21 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 22 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. Page 43 of 274
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National Roads Development Guide 2014 23 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. SITE HISTORY 24 14/00008/PAN A Proposal of Application Notice was accepted by PKC in November 2014 as sufficient for a mixed use development of employment, residential, retail and education uses. 25 14/01768/SCRN PKC advised that a proposed mixed use development required an EIA in January 2015. 26 17/00939/IPM Planning Permisison in Principle (PPP) was approved in December 2018 for a mixed use development comprising residential development, employment land, education/recreation/community facilities, infrastructure including roads, footpaths, landscaping, drainage, open space and associated works. Approved in December 2018. 27 19/00163/AMM Erection of 2 retail units (Class 1), a neighbourhood centre comprising 3 retail units (Class 1), formation of parking areas, landscaping, SUDS pond and associated works (approval of matters specified by conditions 17/00939/IPM) (Phase 1A - MU5). Approved in January 2020. 28 22/00060/AMM Erection of 71 dwellinghouses and 32 flats (approval of matters in conditions of 17/00939/IPM) (Phases 1B and 2A - MU5). Approved in March 2023. CONSULTATIONS 29 As part of the planning application process the following bodies were consulted: External 30 Historic Environment Scotland: No objection, however, the applicant is to be reminded that should any works take place to the south of the A923 they must avoid any accidental damage to the scheduled monument, Fir Hillock, burial mound 750m E of Ardblair Castle (SM9612). Additionally, removal of trees from within the scheduled monument may require Scheduled Monument Consent prior to the commencement of works. 31 Perth and Kinross Heritage Trust: No objection subject to condition. 32 Scottish Environment Protection Agency: No objections. 33 NatureScot: No objections. Page 44 of 274
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34 Scottish Water: No objections. 35 Blairgowrie and Rattray Community Council: Concerns have been raised regarding the location of affordable housing, increased traffic, air pollution, education provision, and flood risk/drainage. Concern was also expressed about the impact on the health service, dentists and sewerage system. 36 NHS/HSCP: No objection. Acknowledge that the development will place additional pressure on health facilities, however, recognise that the site is an allocated site in the LDP2 and has PPP consent and therefore it is too late to resist allocated sites on NHS/HSCP grounds. Internal 37 Structures and Flooding: No objection subject to condition. 38 Transportation and Development: No objection subject to condition. 39 Community Greenspace: No objection. 40 Community Waste Advisor: No objection. Informative recommended. 41 Biodiversity/Tree Officer: No objections subject to condition. 42 Planning and Housing Strategy: No comments. 43 Conservation Team: No objection. 44 Environmental Health (Noise Odour): No objection subject to conditions. 45 Environmental Health (Contaminated Land): No objection. 46 Development Contributions Officer: A Section 75 (s75) has been secured against the planning permission in principle. This development triggers requirements within the s75, particularly in relation to primary education. Representations 47 96 representations were received and 2 general comments. The main issues raised within the representations are: • Adverse effect on visual amenity • Contrary to Development Plan • Excessive height • Flood risk • Employment provision – concerns regarding numbers provided • Inappropriate housing density • Over intensive development Page 45 of 274
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• Inappropriate land use • Loss of open space • Loss of sunlight and daylight • Overlooking • Loss of trees • Noise pollution • Light pollution • Air quality • Out of character with area • Road safety concerns • Over provision of car parking • Lack or loss of car parking • Traffic congestion • Impact on wildlife/protected species • Impact on conservation area/listed buildings • Increased pressure on dentist, doctors, police and schools/nurseries 48 These issues are addressed in the Appraisal section of the report. ADDITIONAL STATEMENTS 49 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required 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 • Transportation Statement • Site Investigation Report • Flood Risk Assessment • Drainage Strategy • Affordable Housing Strategy • Energy Statement • Tree Survey Report and Arboricultural Impact Assessment • Ecology report • Noise Impact Assessment APPRAISAL 50 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. Page 46 of 274
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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 51 The principle of the proposal has been established through the site’s allocation as MU5 in LDP2 for a mixed-use development, including residential. The LDP2 allocation advises that the residential capacity of the site is 179-280 units. Planning permission in principle (ref: 17/00939/IPM) has previously been approved for the phased development of the site and the current proposal for Phase 3 will deliver 152 residential units. 52 The principle of the development is acceptable provided the proposals are compatible with relevant policies of the development plan. Design and Layout 53 Policy 14: Design, Quality and Place, Policy 15: Local Living and 20 Minute Neighbourhoods and Policy 16: Quality Homes of NPF4 are relevant as are LDP2 Policy 1: Placemaking, Policy 14B: Open Space within New Developments, Policy 17: Residential Areas, Policy 25: Housing Mix and Policy 42: Green Infrastructure. 54 The matters specified in Condition 3 of the PPP sets the required detail in respect of the layout and design considering: topography, siting, design, height and external materials of the buildings and structures. The PPP also requires further detail in respect of landscaping and open space, SUDS, car parking and boundary treatments. 55 Also relevant is the masterplan for the site which was assessed as part of the PPP. It is, however, recognised that Condition 2 of the PPP states: 56 The submitted masterplan, site layout plan and indicated scale of development, of up to 400 dwellings and 4 hectares of business land, are purely indicative and are hereby not approved. 57 However, also of relevance is the Planning Officer’s assessment which states the following within the Committee Report: 58 "The principle of large-scale mixed use (residential and business) development has been established through its allocation (MU5) in the LDP. Based on site area of 25 hectares and 8 hectares required for business/education/sports pitch provision, this leaves 17 hectares for residential use. Based on an indicative number of 400 dwellings, the proposed development is a medium density proposal (23 dwellings per hectare) and this is considered suitable for Page 47 of 274
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edge of settlement locations in the context of national policy stating the desirability of using land efficiently. 59 It is noted within the letters of representations received there are concerns in respect to the plot density proposed here insofar as the number of dwellinghouses proposed far exceed the numbers indicated within the LDP2. It should be noted, however, that these numbers are not absolutes and the number of dwellinghouses proposed here are assessed based on a number of factors including the efficient use of land, how they fit in contextually, their design, layout, garden sizes, permeability through the site etc. 60 The proposed development of 152 dwellinghouses will result in 23.3 dwellings per hectare and whilst the density may appear higher, complies with the principles indicated in the masterplan. 61 The design and scale of development should respect its surroundings and adhere to Policies 1A and B of LDP2, which relate to placemaking. Further guidance is also provided within the associated Placemaking Supplementary Guidance. Policy 1B and 17 of the LDP2 and 14 of NPF4 require new housing development to relate to the established character and density levels within a particular area. 62 The layout seeks to provide a logical movement pattern with emphasis on creating permeability through the site. The Galabank Path is incorporated into the layout with connections included. 63 All 152 dwellinghouses will provide two levels of accommodation reaching a height of 2/2.5 storeys. The majority of the units have been orientated to face a road with limited numbers facing parking courts, where they can provide passive surveillance. The proposal provides a mix of 2, 3 and 5 bedroom units, addressing the needs of a range of households. Although the housing mix falls marginally short of the required one/two bed units required by LDP2 Policy 25, we can ensure through future applications for the remaining phases that an overall balance of housing mix is achieved across the MU5 site. 64 All the dwellinghouses will remain below the 90 meter contour line to the north of the site as required by LDP2. It should, however, be noted that due to the sloping nature of the site, the area between the rear of the dwellinghouses and the northern boundary is to be re-engineered, with retaining walls to be erected along the rear boundaries of plots 14-34 (inclusive) and re-grading of the existing slope. Permacrib retaining walls with 1.8m high fencing is proposed on top. The height of the retaining wall itself will vary along the extent of these plots, ranging from between 0.3m up to 2.2m. 65 All of the houses will have a private garden area and in-curtilage parking with the terraced housing having communal parking spaces. Boundary treatments comprise of timber fencing, masonry walls and a combination of both. Overall, Page 48 of 274
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the scale and density of the development is commensurate with the masterplan and the prevailing townscape in this part of Blairgowrie. 66 Perth and Kinross Council Placemaking Guide 2020, page 39 specifies for off- street parking that parking within the plot should not dominate the front garden of houses. Similarly Designing Streets specifies that car parking should be level with, or behind the main building line which is more aesthetically pleasing in streetscape terms. It further references that parking within the front curtilage should generally be avoided as it breaks up the frontage, can be unsightly and restricts informal surveillance. 67 Some of the parking spaces are situated to avoid a car dominated street view, although this is not carried through the entire site. Where car parking is evident within front gardens, views are broken up with appropriate landscaping. 68 In terms of the proposed design of each house type, there is an acceptable range of design and materials proposed. The Design and Access Statement describes the house designs as being a contemporary interpretation of traditional building style, designed to complement the local area. The proposed palette of materials, including white and magnolia render, brick and a mixture of anthracite and terracotta roof tiles, white garage doors and windows/doors is appropriate in this location and is considered acceptable. The final specification of materials, however, will be required to be determined via a condition (condition 33) 69 The site has been well laid out and designed, taking into account key constraints and opportunities. The site provides good connectivity, both within the development and with the surrounding area, including providing access to existing core path provision. The Design & Access Statement has provided a sound justification for the design and layout of the site, considering a range of key design parameters to illustrate how the proposed development responds to the six qualities (healthy, pleasant, connected, distinctive, adaptable and sustainable) of successful places established by NPF4. The site also incorporates a range of 2–5-bedroom units. The site also mixes the size range of properties across the development. 70 Overall, the general layout, house designs and materials proposed are acceptable. Although the proposed density may appear higher, it is acceptable within the wider context. The proposed development provides an efficient use of land whist at the same time contributes positively to the quality of the surrounding built and natural environment providing an inherently sustainable development and as such is in compliance with relevant NPF4 and LDP2 policies. Landscape and Visual Amenity 71 In terms of the impact on visual amenity of the area, a residential development will inevitably change the visual appearance of the area, however, the application site has been identified for residential use in the LDP, therefore this degree of Page 49 of 274
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change was envisaged in the site allocation and permission granted under the PPP. 72 The landscape plans submitted for the site sets out how the areas of landscaping will be managed and incorporated into the site. A linear landscape corridor to the west and north of the proposed housing with structure tree and shrub planting, wildflower meadow and hedgerows will provide a transition between the Galabank footpath and proposed housing. Another additional requirement of LDP2 is an enhanced woodland on the western boundary. It is possible that additional trees could be planted here but we would be keen to avoid anything too dense as this could have an impact on the nearby dwellinghouses. This, however, can be controlled by condition (condition 29). 73 The design and layout of the site, along with the proposed landscaping and retention of existing trees is considered to be acceptable in landscape terms and will not cause any unacceptable visual impacts. 74 The proposal meets the objectives of Policies 4, 6 and 14 of NPF4 and LDP2 Policies 1, 39 and 40B. Residential Amenity 75 NPF4 Policy 14(c), NPF4 Policy 23 and LDP2 Policy 1A, 1B, 17, 56 and 57 require any development to not detrimentally impact on residential amenity and to ensure any occupiers of new development have an adequate level of residential amenity. 76 The Council's guidance generally seeks to ensure there is a minimum distance of 9m from windows to boundaries in order to mitigate overlooking from new development. Given the location of the development and the layout proposed there are not considered to be any overlooking concerns from the proposed dwellings. In this case each dwelling has a minimum of 9m deep rear gardens and more than the required 18m window to window distance required by guidance. Privacy, Daylight and Overshadowing 77 The location of the proposed dwellinghouses relevant to existing residential properties is such that there will be no loss of privacy or loss of daylight or overshadowing. Similarly, the new properties are adequately spaced out to prevent any impact on amenity in terms of loss of privacy, daylight or overshadowing. 78 As such, the proposal accords with the intent of NPF4 Policy 14(c): Design, Quality and Place and LDP2 Policies 1A and 1B, Placemaking and Policy 17 Residential Areas in respect of residential amenity. Page 50 of 274
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Noise 79 Condition 26 of the PPP requires a noise assessment to be submitted to demonstrate acceptable internal noise levels of 35 dB within all dwellings taking into account any acoustic mitigation proposed. An updated noise impact assessment has been submitted due to the proximity to the A93, Dunkeld Road and Gallowbank Road and this has subsequently been reviewed by Environmental Health. 80 Measurements were undertaken at 6m from Dunkeld Road near kerbside with results provided in the NIA. It was noted that the dominant noise source across the proposed site is road traffic noise from the Dunkeld Road and local road network. 81 SoundPLAN modelling was used to demonstrate properties which would exceed 55 dB LAeq,16hr in gardens (shown in Figure1), 50 dB LAeq,16hr equating to internal limit of 35 dB LAeq,16hr allowing for open window scenario (Figure 2) and 45 dB LAeq,8hr again allowing for open window scenario (Figure 3). 82 Results given in Table 2 indicate that at plots 2, 85, 100 and 103 the target levels are not achievable for open windows scenario and a minimum of between 16 - 28 Rw,Ctr (glazing and alternative ventilation) is required for both ground and first floor rooms (as shown in Table 2). 83 Mitigation in the form of glazing and alternative ventilation as described in Page 13 and Table 2 of the noise impact assessment (NIA) undertaken by KSG Acoustics dated 02 September 2024 (rev 5) shall be put in place prior to occupation of plots 2, 85, 100 and 103 (condition 32). 84 The impact of road traffic noise within garden grounds has also been predicted, with results given in Table 3 (noted as Figure 3) and indicate that at plot 103, the target level of 55 dB LAeq,16hr is not achievable without mitigation. 85 Mitigation in the form of 1.8m high close boarded fencing with a minimum surface density of 15kg/m2, with no air gaps between the fence and ground or any panel or board, as shown in drawing 51, or alternative barrier construction such as a brick wall, at the same height, at plot 103 has been recommended (condition 32). Dust 86 A detailed Air Quality Impact Assessment (AQIA), which included a cumulative assessment with other large-scale development in Blairgowrie, was assessed as part of the PPP. Environmental Health had no objection to the assessment within the PPP and no further appraisal is required. Therefore, there are no conflicts with LDP2 Policy 57. The AQIA included dust control measures to be put in place throughout the construction of the development. The recommended measures are required to be implemented via Condition 9 of the PPP and will remain enforceable for the duration of the construction. Page 51 of 274
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87 Therefore, subject to conditions, the proposal meets the terms of the PPP and the above noted policies. Roads and Access 88 Condition 3(iv) of the PPP specifies details required for roads, footpaths, cycleways and path connections. NPF4 Policy 13: Sustainable Transport seeks to encourage developments that prioritise sustainable travel while LDP2 Policy 60 Transport Standards and Accessibility Requirements requires consideration of transport and accessibility. A supporting Transport Statement has been assessed by the Council’s Transport Planning team, who do not object with the scale of development and parking requirements considered adequate. 89 The applicant is proposing to create one new vehicle access onto Dunkeld Road for 145 of the dwellinghouses. The remaining 7 will have vehicle accesses directly onto Dunkeld Road. The applicant is proposing 38 visitor parking spaces throughout the development site, which complies with the requirements of the National Roads Development Guide. It is noted that all plots will have the option to add electrical charge points. 90 The applicant is proposing links to the Galabank path to the west of the site and also path links through to Gallowbank Road to the east of the site. The paths will be finished in asphalt to tie in with the footpaths located elsewhere within the site. An appropriately worded condition will be added to the consent to ensure footpaths link into exiting paths and are usable (conditions 14 - 16). 91 Communications have taken place regarding design standards throughout the proposed development, in particular, continuous footways, raised tables, step off facilities at visitor parking, parking provision, electric charge points, roads drainage, trip generation, visibility splays, street lighting and the requirement for a residential travel plan. These issues are now resolved subject to the imposition of relevant conditions. 92 The applicant has shown roads drainage on the plans provided and have advised that the main carrier pipe will be adopted by Scottish Water with the gulleys marked for the Roads Authority. There will also be a filter trench. The finalised Roads Drainage details will be agreed through the Road Construction Consent Process. Informative recommended. 93 The applicant has provided a swept path to show that the waste services vehicle can navigate the site. It should also be noted that whilst the build is ongoing, the Refuse Collection Vehicle will only access the site, if the Waste Services team are happy with the surfaces of the roads and footways for operatives and vehicles to work on and within, along with a suitable turning facility for the vehicles; otherwise waste will need to be presented at a location agreeable to the Waste Services team. Page 52 of 274
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94 The applicant has provided details on the trip rates for the site. The applicant has confirmed that the level of trips for the site have reduced from that of the levels expected in January 2023, where it was expected that there would be 175 dwellinghouses. This number has reduced to 152 in the current site layout. 95 An approved street lighting design required, including improvements to the existing street lighting on Dunkeld Road at the proposed site access. The applicant is requested to show the proposed lighting arrangements for the private locations, including parking courts, to show an appropriate level of illumination. This will be controlled by condition 12. 96 The applicant shall provide a residential travel plan applicable to the site. This will be conditioned accordingly (condition 17). 97 Therefore, subject to the conditions specified above and a further condition to manage construction traffic activity through a Construction Traffic Management Plan (condition 10), the proposal meets the terms of the PPP, NPF4 Policy 13: Sustainable Transport and LDP2 Policy 60: Transport Standards and Accessibility Requirements. Core Path 98 LDP2 Policy 15 is concerned with public access; including core paths and rights of way, and development proposals must not have an adverse impact on such routes. The LDP2 MU5 allocation requires protection of local footpaths. Core path BLAI/31 and Right of Way 17/31 have potential to be impacted by any development in this area. Plans include this path in the design, with links creating a strong connection to it from the western edge of the proposed development. A condition is proposed to ensure that core paths be protected and remain operational during the construction phases (condition 18). Drainage and Flooding 99 PPP Condition 3(ix) requires details of the proposed foul and surface water Drainage to be provided. Conditions 10 and 11 support Condition 3(ix) and specify the approach to flood risk assessment and surface water drainage arrangements. The supporting Flood Risk Assessment (FRA) and Drainage Impact Assessment (DIA) have been assessed by the Council’s Structures and Flooding team. Structures and Flooding initially sought clarifications in relation to the flood risk and surface water drainage arrangements. However, following receipt of further technical drawings and information, these concerns, subject to conditions, have been addressed (conditions 4-7 (inclusive)). 100 Scottish Water have advised that they do not object to this planning application, however, this does not confirm that the proposed development can currently be serviced. They further advise, however, that the applicant should be aware that they are unable to reserve capacity and once a formal Page 53 of 274
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connection application is submitted to Scottish Water, they will review the availability of capacity. 101 Overall, the proposal complies with NPF4 Policy 22: Flood Risk and Water Management and LDP2 Policy 52: New Development and Flooding and Policy 53: Water Environment and Drainage. Waste Collection 102 The Council’s Community Waste Advisers have been consulted and have provided information on what provision should be made for waste and recycling. The dwellings will receive the 4-bin system. An informative note is recommended regarding waste collection and will be attached to the permission (Informative 6). Archaeology 103 Perth and Kinross Heritage Trust (PKHT) have been consulted and advised that the proposed development site lies within an area that is considered to have archaeological potential given the number of pre-historic archaeological sites located in close proximity to the proposed development site. An Archaeological Assessment was presented as part of 17/00939/IPM which was carried out by professional archaeological contractors AOC Archaeology. This considered the direct and indirect effects of the proposed development on heritage assets, and concluded that overall, there is considered to be a high potential for remains of prehistoric to Roman date to be present within the development area. 104 The first phase of development at Field 4 was evaluated by trial trenching in 2020 and also part of Field 3 in 2023, during which nothing of archaeological interest was identified, however, the northern areas of the development boundary, which includes the present development area, have not been evaluated, and there remains a high potential for buried archaeological remains here which would be impacted upon by the development. 105 As required by condition 8 of the PPP, PKHT recommend that an archaeological programme of works take place. This should comprise in the first instance of a 10% Trial Trenching evaluation to assess the presence / absence, character and significance of archaeological deposits on the site and the extent to which the development will impact upon them. This evaluation will inform a mitigation strategy, if required, to either preserve significant deposits within the development or for further archaeological works, to consist of the excavation and post-excavation analysis / publication of these deposits. The scope of these works should be discussed with PKHT and be clarified in a Written Scheme of Investigation (WSI). 106 Additionally, it is noted that the boundary of this development extends to the south of Dunkeld Road (A923 and should be included in the programme of works above. Furthermore, this area is adjacent to the burial mound at Fir Hillock (SM9612) and fencing off of this site with an appropriate buffer, to be Page 54 of 274
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agreed with Historic Environment Scotland, prior to and for the during the course of development works will also be required. This will be secured by condition (condition 9). 107 It is recommended that a condition is imposed (condition 8) requiring a programme of archaeological works to be undertaken prior to any development taking place. The requested condition will ensure that the proposal complies with NPF4 Policy 7: Historic Assets and Places and LDP2 Policy 26: Scheduled Monuments and Archaeology. Conservation Considerations 108 Colleagues with conservation expertise have been consulted and have advised that the proposed development does not raise any concerns in respect to any significant impact on the Blairgowrie Conservation Area or any listed building due to their being adequate separation distance. 109 As such the proposal complies with NPF4 Policy 7 and LDP2 Policies 27 and 28. Natural Heritage and Biodiversity 110 The consideration of natural heritage and biodiversity is integral to the layout, design and landscaping detail required by the PPP. NPF4 Policy 1: Sustainable Places, Policy 3: Biodiversity, Policy 4: Natural Places and Policy 6: Forestry Woodland and Trees are relevant considerations as are LDP2 Policies 38: Environment and Conservation, 40: Forestry, Woodland and Trees, Policy 41: Biodiversity and Policy 45: Lunan Lochs Catchment Area. 111 The PPP requires an updated Ecological Assessment and a Protected Species Survey, of which have been submitted. It should also be noted that whilst a Woodland Management Plan (WMP) to satisfy condition 12 (ix) of the PPP is required to be submitted, as there is no woodland associated with this part of the wider PPP site, this has not been submitted. A Planting Notes and Landscaping Maintenance and Management Proposals document dated June 2024 by Brindleys, however, has been submitted to satisfy the requirements for maintenance arrangements for all landscaping and planting associated with the development proposed for Phase 3. Furthermore, a WMP was approved as part of a previous AMSC application (22/00060/AMM) and one which contains an ancient woodland. As such it is considered this part of condition 12 is satisfied. 112 The Preliminary Ecological Appraisal (PEA) specifies that the study area contains no sites with a statutory nature conservation designation, however, there are two internationally designated site which are within 2.5km of the site; Dunkeld and Blairgowrie Lochs SAC and the River Tay SAC and 3 nationally designated sites; Ardblair and Myreside Fens SSSI, Craighall Gorge SSSI; and Hare Myre, Monk Myre and Stormont Loch SSSI. The PEA demonstrates the proposed development will not adversely affect these designates sites. Page 55 of 274
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113 NatureScot and SEPA have been consulted and offer no comment on the proposal. The proposed development is connecting to the public sewerage system, the dwellinghouses are being built on a field that doesn’t have connectivity to the Lochs and the SUDS pond, although proposed in the field adjacent, will not have connectivity. As such, there are no adverse impacts forecast for these designations. In terms of protected species, the updated Ecological Appraisal reiterates the sites low potential for use by European Protected Species, and low habitat diversity and biodiversity value. 114 The Ecological Appraisal and detailed landscape proposals have been assessed by the Council’s Biodiversity/Tree Officer and Community Greenspace. One hundred and thirty-five trees have been identified within the tree report, of which it is proposed to remove three. Tree selection and landscaping throughout the site is considered acceptable. It is, however, worth noting that this agricultural land is very likely to have existing field drains that control surface and ground water respectively. There is a likelihood of surface water runoff from this sloping site into the properties adjacent to the north side of Dunkeld Road, following soil stripping and ground works. The developer will, therefore, be required to put in appropriate measures to control surface water run-off. This will be secured by condition. 115 Following an update to the plans to provide more information the details are considered acceptable in terms of landscape and biodiversity value. 116 Planning conditions are proposed to ensure appropriate protection or mitigation of habitats and species during and post-construction. During the construction phase, a Construction Environmental Management Plan (CEMP) is required to ensure adequate controls are in place to preserve environmental quality and biodiversity (condition 20). 117 It is concluded that, within the site, the proposal adequately provides for and enhances natural heritage and biodiversity and thereby complies with the relevant policies of NPF4 and LDP2. Contamination 118 NPF4 Policy 9 Brownfield, vacant and derelict land and empty buildings and LDP2 Policy 58A: Contaminated and Unstable Land are relevant considerations. 119 A Site Investigation Report produced by Bayne Stevenson Associates Ltd dated November 2021 has been submitted to this application. The report covers Phase 2C & 3 of the wider development and has not identified any constraints with regards to contaminated land. However, it shall be the responsibility of the applicant to satisfy themselves that the ground conditions are suitable for the development for which planning consent has been granted. 120 It is concluded that, the proposal complies with the relevant policies of NPF4 and LDP2 subject to the above. Page 56 of 274
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Sustainability 121 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 buildings, 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. 122 In this instance, the submission refers to Solar PV panels and improved insulation on each home. The energy statement submitted states that the proposed design provides opportunities for passive and natural energy sources in order to create a low-energy development. The energy statement further states that through sustainable design, building practices and the incorporation of micro-renewable technologies into the dwellinghouses, they can achieve the carbon reduction targets set within LDP2. This will be covered by condition to ensure the proposal complies with policy 32 (condition 19). 123 NPF4 Policy 19: Heating and Cooling, LDP2 Policy 34: Sustainable Heating and Cooling and in line with condition 17 of the PPP, the applicant was required to submit a District Heating Feasibility Study to assess the technical feasibility and financial viability of district heating for the site as part of the first AMSC application (ref: 19/00163/AMM). The study concluded that it is not currently viable to incorporate district heating within the development due to the size of the site and high capital cost. This position was accepted as part of 19/00163/AMM and 22/00060/MM and there is no further requirement for its consideration as part of this phase. 124 It is, however, worth noting that the Local Heat and Energy Efficiency Strategy (LHEES) has been adopted by Perth and Kinross Council in July 2024 and as such weight should be attributed to Heat Network Zones (HNZs) identified in the LHEES. Potential LHEES zones identify areas where heat networks could be a potential option for decarbonization. They consider things like: heat demand density, proximity to large heat demands, potential constraints and opportunities, and proximity to existing heat networks. Noted on page 73 of the LHEES is an indicative Blairgowrie HNZ. 125 Anchor loads identified in this zone are Blairgowrie Community Hospital, Blairgowrie High School and Live Active Blairgowrie. Proctor Production Facilities and Blairgowrie Community Campus are located to the north and south of the zone respectively. The zone is adjacent to the development site (MU5) identified for mixed-use development. 126 NPF4 Policy 19 sets out the Scottish Governments policy in relation to decarbonised heating. The proposal has been considered in relation to the policy criteria of NPF4 Policy 19a-c, none of which is relevant to this proposal. Page 57 of 274
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(a) Development proposals within or adjacent to a Heat Network Zone identified in a LDP will only be supported where they are designed and constructed to connect to the existing heat network. LDP2 pre- dates the formation of LHEES policy, therefore, there are no HNZs identified in the adopted LDP. The next LDP (LDP3) will look to incorporate any HNZs as part of the Spatial Strategy. (b) Proposals for retrofitting a connection to a heat network will be supported. There is no existing heat network scheme, so this is not relevant. (c) Where a heat network is planned but not yet in place, development proposals will only be supported where they are designed and constructed to allow for cost-effective connection at a later date. There is no planned heat network scheme for the area, other than an indicative heat network zone being established through the LHEES. Developer Contributions 127 LDP2 Policy 5 – Infrastructure Contributions requires consideration of the individual or cumulative impact of new development on infrastructure and facilities and to secure contributions to address this impact where the development exacerbates impacts or generates additional need. Affordable Housing 128 The Council’s LDP2 Affordable Housing Policy requires that 25% of the total number of houses, above a threshold of 5 units, for which planning consent is being sought is to be in the form of affordable housing. 129 There is an existing S75 Agreement in place for this site in connection with the Planning Permission in Principle consent ref: 17/00939/IPM. 130 Approval of matters specified in conditions application has also gained consent since then, Phase 1A (19/00163/AMM) and Phases 1B and 2A (22/00060/AMM). The current application relates to Phase 3. 131 It is acknowledged that Phase 2, application 22/0060/AMM is approved on the basis that 73 new affordable homes will be delivered. 132 Notwithstanding, clause 5.2 of the S75 Agreement requires that prior to the submission of the first Application for Approval of a Condition in each development area, the relevant owner shall in either case following consultation with the relevant Council and statutory undertakers, submit a draft Affordable Housing Scheme to the Council for approval. An Affordable Housing Scheme has been submitted which satisfies the S75 requirement. 133 There is no requirement for affordable housing to be provided within this phase of the wider MU5 site as this is provided for in other phases as noted above. Page 58 of 274
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Primary Education 134 The existing S75 includes a requirement for a Primary School contribution to be paid for the purpose of providing improved or additional primary education facilities to serve the development. This phase of the development will trigger a requirement for a contribution to be paid. The relevant timescale for the payment is set out within the terms of the agreement. Play Park 135 Community Greenspace have advised that the development falls within the catchment for the play area at Lochy Park. They have requested a financial contribution towards the maintenance of the park. A sum of £11,965.25 is being sought. The applicant has advised this will be an upfront payment. 136 As the SUDS is to be privately factored, no sum in this regard is sought. 137 The agreement in place continues to meet the requirements of the PPP as well as NPF4 Policy 18: Infrastructure First and LDP2 Policy 5: Infrastructure Contributions. Local Living and 20 Minute Neighbourhoods 138 NPF4 Policy 15 requires that development proposals contribute to local living where the majority of people can meet their daily needs within reasonable distance of their home. The proposed development is located within an allocated site, within an existing residential area and is easily accessible by sustainable modes of transport including public transport, walking, wheeling and cycling networks. The development of the site would provide private homes in a location which is well served by local shops, schools, parks and open space within easy walking and wheeling distance and is therefore considered to meet the requirements of Policy 15 of NPF4. Statement of Community Benefit 139 NPF4 Policy 16 requires development proposals that include 50 or more homes, and smaller developments if required by local policy or guidance, be accompanied by a Statement of Community Benefit. The Applicant has submitted a Statement of Community Benefit which concludes that the proposed development will provide community benefits in 3 key areas: environmental, economic and social benefits. It will provide a broad range of new homes of varying sizes and tenures. Whilst not restricted to, benefits include areas of open space, significant investment in associated local infrastructure and services and in addition to this will increase consumer spending for local business and services all to the benefit of the community. The proposed development, therefore, is in compliance with NPF4 Policy 16. Page 59 of 274
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Future Phases 140 The number of units proposed here together with those already consented would result in 255 units over the masterplan area with subsequent phases (2B and 2C) still to come forward. The indicative number within LDP2 is 179- 280, leaving only 25 units left for subsequent phases to fall within the indicative number. It should, however, be noted that this figure is indicative and not binding. The phasing plan submitted indicates 130 units in 2B and 102 units in phase 2C with a total of 487 units over all 3 phases. 141 Whilst it is not a matter for this application, it is noted that whilst the overall total number of units for the masterplan area of both private and affordable houses and 39 Assisted Living units being above the indicative number of 179-280 in the LDP, approval of PPP 17/00939/IPM included assessment of detailed supporting documentation for a development of up to 400 dwellinghouses which was considered suitable for edge of settlement locations in the context of national policy, stating the desirability of using land efficiently. Nonetheless, that figure is also indicative as highlighted by condition 2 of the PPP and is not binding. 142 Referring back to the submitted phasing plan which indicates a total of 487 units over all 3 phases, a figure which is above the indicative 400 dwellinghouses as noted above, may result in the need to seek detailed planning permission for an increased range on the remaining sites. Economic Impact 143 During the construction period, jobs will be created and sustained, supporting in-direct employment and revenue that this volume of construction activity will generate from employees spending on local goods and services. Longer term, additional residents to the area will also support existing local employment and services in the area. VARIATION OF APPLICATION UNDER SECTION 32A 144 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 reduce the number of dwellinghouses from 171 to 152. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 145 A Section 75 agreement has been secured for the 17/00939/IPM planning permission to secure necessary infrastructure improvements and contributions. The agreement in place continues to meet the objectives of the PPP and LDP2 Policy 5, however, as noted above, a commuted sum will be required. Page 60 of 274
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DIRECTION BY SCOTTISH MINISTERS 146 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 147 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 Conditions and Reasons for Recommendation 1. The development hereby permitted shall be commenced no later than the expiration of two years from the date of this consent or from the date of subsequent approval of matters specified in conditions, or three years from the date of planning permission in principle, whichever is the later. 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. No development shall commence until a detailed phasing strategy (supported by appropriate plans) shall be submitted to and approved in writing by the Council as Planning Authority. The phasing strategy shall include the following details: (i) The timing and number of dwellings to be developed in each phase; (ii) The timing and delivery of infrastructure, open space and landscaping; (iii) The timing and location of any temporary construction compound. Page 61 of 274
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Once approved, the development shall proceed in accordance with the approved delivery phasing strategy to the satisfaction of the Council as Planning Authority. Reason: In order to ensure the satisfactory implementation and completion of the development. Drainage and Flooding 4 Development shall not commence on site until commentary and a plan drawing, illustrating previously installed field drainage infrastructure to the North of the site, has been submitted to and subsequently approved in writing by the Planning Authority. Reason: to ensure the provision of effective drainage for the site. 5. The developer shall ensure all SuDS features are fit for purpose and appropriately control, treat and discharge surface water up to and including their design standard. Reason: to ensure the provision of effective drainage for the site. 6. Concurrent with the initiation of the development hereby approved and for the duration of construction, a temporary surface water treatment facility shall be implemented on site and maintained for the duration of the approved development works. The temporary surface water treatment facility shall remain in place until the permanent surface water drainage scheme is implemented unless otherwise agreed in writing by the Council as Planning Authority. Reason: To ensure the appropriate management of construction surface water run-off to minimise flooding and avoid discharge of sediment/pollution to the local water environment or neighbouring property, in the interests of residential and environmental amenity. 7. Development shall not commence on site until correspondence, confirming relevant parties’ agreement to maintenance of SuDS features, has been submitted to and subsequently approved in writing by the Planning Authority. Reason: To ensure the provision of effective drainage for the site. Archaeology 8. 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 which has been submitted by the applicant and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust. 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 Page 62 of 274
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site is undertaken. In addition, the developer shall afford access at all reasonable times to Perth and Kinross Heritage Trust or a nominated representative and shall allow them to observe work in progress. Reason: The site lies adjacent to areas of archaeological significance. 9. Prior to the commencement of any works on site, appropriate fencing shall be put in place to protect the burial mound at Fir Hillock (SM9612). The details of which to be submitted and agreed in writing by the Planning Authority in consultation with Historic Environment Scotland prior to installation. The agreed details shall, thereafter, be implemented and remain in situ during the course of development. Reason: In order to safeguard the scheduled monument. Roads and Access 10. Prior to the commencement of the development hereby approved, the developer shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: (a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; (b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; (c) a code of conduct for HGV drivers to allow for queuing traffic to pass; (d) arrangements for liaison with the Roads Authority regarding winter maintenance; (e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; (f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; (g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; (h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; (i) details of information signs to inform other road users of construction traffic; (j) arrangements to ensure that access for emergency service vehicles are not impeded; (k) co-ordination with other significant developments known to use roads affected by construction traffic; Page 63 of 274
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(l) traffic arrangements in the immediate vicinity of temporary construction compounds; (m) monitoring, reporting and implementation arrangements; (n) arrangements for dealing with non-compliance; and (o) details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason: In the interests of road safety 11. Prior to the commencement of the development hereby approved, a detailed design showing the relocated position of the vehicle activated speed sign shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The vehicle activated speed sign, as approved in writing shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority and undertaken prior to works commencing on Plots 97 to 103. Reason: In the interests of pedestrian and traffic safety 12. Prior to commencement of any development on site, the street lighting design must be submitted for the further written agreement of the Council as Planning Authority, in consultation with Perth & Kinross Council's Street Lighting Partnership for the public road network. The scheme shall include details of light spill, brightness of the lighting and the proposed hours of operation for both the public road network and the private areas, and timescales for delivery. The agreed lighting scheme shall be implemented and maintained in full accordance with the agreed scheme. Reason: In the interests of road safety. 13. Prior to occupation of Plots 97 to 103, the visibility splays shown on Drawings 110 and 111 shall be provided in full. 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. The visibility splays, as approved in writing, shall be implemented in accordance with the approved details and retained to the satisfaction of the Council as Planning Authority. Reason: In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 14. The occupation of plots 1-4 hereby approved shall not occur until the proposed footpath connection to the immediate southwest of these plots connecting to the Page 64 of 274
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core path BLAI/31, as shown on drawing number 23/01941/56 is operational to the satisfaction of the Planning Authority. Reason: In the interest of sustainable transport. 15. The occupation of plots 8-10 hereby approved shall not occur until the proposed footpath connection to the immediate south west of these plots connecting to the core path BLAI/31, as shown on drawing number 23/01941/56 is operational to the satisfaction of the Planning Authority. Reason: In the interest of sustainable transport. 16. The occupation of plots 42-45 hereby approved shall not occur until the proposed footpath connection to the immediate south east of these plots connecting to Gallowbank Road as shown on drawing number 23/01941/56 is operational to the satisfaction of the Planning Authority. Reason: In the interest of sustainable transport. 17. No part of the development shall be occupied until a Residential Travel Plan (RTP), aimed to encourage more sustainable means of travel, has been submitted to and agreed in writing by the Council in consultation with Transport Planning. The RTP will have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided, the system of management, monitoring, review, reporting and the duration of the plan. Reason: To promote sustainable transport options and to meet advice within National Planning Framework on transport. Core Paths 18. All existing rights of way, core paths within or adjacent to the completed development shall at all times be protected and remain operational during the construction phases. Reason: In the interest of sustainable transportation. Environmental Impact 19. 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 the Scottish Buildings Standards will be met through the installation and operation of low and zero-carbon technologies. This scheme shall detail for each building: a) the technology types; Page 65 of 274
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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 and no individual unit shall be occupied until the scheme has been installed and operating. Reason: To embed low and zero-carbon technologies within the development in the interest of environmental sustainability. 20. Prior to the commencement of development of each phase a Construction Environmental Management Plan (CEMP) must be submitted for the approval of the Planning Authority. The measures outlined in the agreed CEMP shall be adhered to at all times during the construction period. Reason: In the interests of protecting environmental quality and of biodiversity. Biodiversity 21. The conclusions and recommended action points within the supporting Ecological Survey and Biodiversity Action Plan submitted and hereby approved (document number 113 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development, to the satisfaction of the Council as Planning Authority. Reason: In the interests of protecting environmental quality and of biodiversity. 22. An updated ecological survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the survey approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. Reason: In the interests of protecting environmental quality and of biodiversity. 23. Prior to the completion or occupation of the development hereby approved, whichever is the earlier, wildlife kerbs shall be installed adjacent to all road gullies within 500metres of a SUDS pond or watercourse. Thereafter, the kerbs shall be retained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. Reason: In the interests of protecting environmental quality and of biodiversity. 24. Prior to the completion or occupation of the development hereby approved, whichever is the earlier, hedgehog highways shall be created by providing access gaps in wooden fences on each plot at least 13cm x 13cm at ground Page 66 of 274
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level, to allow for the free movement of hedgehogs. Thereafter, the hedgehog highways shall be retained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. Reason: In the interests of protecting environmental quality and of biodiversity. 25. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day. Reason: In order to prevent animals from being trapped within any open Excavations. 26. The bird boxes and swift/bat bricks as shown on plan 23/01941/100 hereby approved shall be implemented prior to the occupation of each relevant residential unit. Thereafter, they should be maintained in a reasonable condition for the life of the development. Reason: In the interests of protecting environmental quality and of biodiversity. Trees and Landscape 27. 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 a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 28. All trees on site, other than those marked for felling on the approved plans, shall be retained. Reason: To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 29. The detailed landscaping and planting scheme which is hereby approved shall be completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The approved scheme shall thereafter be maintained to the satisfaction of the Council as Planning Authority, with any planting which fails to become Page 67 of 274
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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. 30. All landscaped areas outwith the curtilages of the dwellings and shown on the approved drawings shall be permanently retained as such and shall at no time be used as private garden ground nor incorporated within the curtilage of any of the dwellings hereby approved without the express grant of planning permission by the Planning Authority. Reason: In the interests of the character and appearance of the development. Residential Amenity 31 An acoustic barrier as described in Page 14 of the noise impact assessment (NIA) undertaken by KSG Acoustics, dated 02 September 2024 (rev 5) shall be put in place prior to occupation of plot 103. Reason: In the interests of residential amenity. 32. Mitigation measures, in the form of glazing and alternative ventilation as described in Page 13 and Table 2 of the noise impact assessment (NIA) undertaken by KSG Acoustics dated 02 September 2024 (rev 5) shall be put in place prior to occupation of plots 2, 85, 100 and 103. Reason: In the interests of residential amenity. Materials 33. 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 agreed 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 residential amenity; to ensure a satisfactory standard of local environmental quality. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Page 68 of 274
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Procedural Notes A sum of £11,965.25 is being sought for the maintenance of Lochy Park. This payment must be made by the applicant before the decision notice can be released. 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. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: • Displayed in a prominent place at or in the vicinity of the site of the development • Readily visible to the public • Printed on durable material. 4. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 5. 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 6. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste. Page 69 of 274
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7. Application for a new postal address should be made via the Street Naming and Numbering page on the Perth & Kinross Council website at www.pkc.gov.uk/snn. Please note there is a charge for this service and submission cannot be made until the relevant Building Warrant has been approved. 8. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act 1984 he/she/they must obtain from the Council as Roads Authority Road Construction Consent (RCC) to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environmental Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 9. 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 Environmental Protection Agency. 10. No work shall be commenced until an application for building warrant has been submitted and approved. 11. The applicant is advised that the granting of planning permission does not guarantee a connection to Scottish Water's assets. The applicant must make a separate application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and/or water network and all their requirements must be fully adhered to. 12. 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 reduce number of dwellinghouses. 13. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 14. 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. Page 70 of 274
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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. 15. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are sever for non-compliance. 16. The applicant is advised that technical approval will be required for all street lighting apparatus within adoptable areas and should contact the Street Lighting Partnership to obtain technical approval prior to the submission of a Road Construction Consent application. 17. The granting of planning permission does not stop the continued right of public access along the existing core path BLAI/31. An order under the Town and Country Planning (Scotland) Act 1997, Section 208 or an amendment of the Core Path Plan under the Land Reform (Scotland) Act 2003 should be sought in advance of any works authorised by this planning permission being commenced. All relevant approvals should be in place prior to any stopping up and diversion of the core path taking place. 18. 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. 19. The applicant is to be reminded that any works to the south of the A923 must avoid any accidental damage to the scheduled monument, Fir Hillock, burial mound 750m east of Ardblair Castle (SM9612). 20. The planning permission decision notice shall not be issued until such time as the required commuted sum for the maintenance of Lochy Park has been secured or paid in full. In the event the applicant does not either make the required payment within 28 days from the date the agent/applicant is advised of the need for the contributions or complete a legal agreement for delayed payment within a 4 month period from the date the agent/applicant is advised of the need for the contributions the application may be refused under delegated powers without any further discussion with the applicant. Page 71 of 274
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Background Papers: 98 letters of representation Contact Officer: Gillian Peebles 01738 475330 Date: 29 November 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING Page 72 of 274
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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. 24/358) PROPOSAL: Siting of 68 holiday accommodation units and managers accommodation unit including formation of vehicular access, erection of hub building, landscaping, car parking and associated works LOCATION: Land 1 kilometre east of Muirhead Cottage, Auchterarder Ref. No: 24/00299/FLM Ward No: P7- Strathallan Summary This report recommends refusal of the application as the development is considered to be contrary to the relevant provisions of the Development Plan and there are no material considerations apparent which justify setting aside the Development Plan. BACKGROUND AND DESCRIPTION OF PROPOSAL 1 The application site comprises 10.51 hectares of agricultural land, located 0.5 miles to the west and outwith the settlement boundary of Auchterarder and 1 mile to the north of Gleneagles Hotel. The site comprises of predominantly arable land (soil type 3.2 – good quality agricultural soil) with a small area surfaced in hardcore, used in the past as temporary Ryder Cup parking. 2 The site is bound by the A823 to the west but is otherwise relatively open to the surrounding fields and countryside. 3 The proposal is for a holiday lodge development comprising of the following: • 68 prefabricated holiday lodges (which would fall within the planning definition of a caravan) • Manager’s residence • Reception/hub building to create onsite facilities • Landscaping, open space and play areas • Site Access from A823 • Parking • SUDS, drainage infrastructure and associated works 5(1)(ii) Page 77 of 274
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4 The lodges will be laid out in 10 ‘clusters’, with the hub building, manager’s accommodation and parking located near an access off the A823. The single- storey lodges are all indicated to all be of the same type, with two bedrooms, but can be reconfigured internally to create a third. 5 The exterior is predominantly timber cladding with areas of contrasting composite cladding (both wood coloured & dark grey). Roofing is either grey tile or slate. Windows with dark grey uPVC frames. Timber decking and stone patios will be offered as options. Metal flashings are to frame the gables. SITE HISTORY 6 19/00005/PAN A Proposal of Application Notice (PAN) setting out community consultation arrangements were submitted and accepted by PKC in August 2019 relating to a prospective development of 196 holiday lodges, hub buildings, landscaping, open space, vehicular access, parking area and associated works 7 19/01721/SCRN An EIA Screening Opinion, confirming that no EIA was required, was issued by PKC in January 2020 relating to the above development. 8 20/00868/FLM A ‘Major’ planning application was withdrawn on 9 December 2021. This related to a development comprising 122 holiday accommodation units, formation of vehicular access, erection of hub building, landscaping, car parking and associated works. 9 20/01336/FLL A planning application for the installation of drainage infrastructure and associated works was returned to the agent prior to determination. 10 23/00006/PAN A second PAN was accepted by PKC in April 2023 relating to a prospective development of 68 holiday accommodation units and manager's accommodation unit, formation of vehicular access, erection of hub building, landscaping, car parking and associated works ENVIRONMENTAL IMPACT ASSESSMENT 11 A proposal for a larger holiday accommodation development on an area covering the site was previously subject to EIA screening, Ref: 19/01721/SCRN. At that time the proposal’s characteristics, location and likely significant environmental effects were considered, and an opinion was adopted that the proposal was not EIA development. As there has been no material change in circumstances and the current proposal is for a smaller development, the previously adopted opinion is considered to remain valid for this application. PRE-APPLICATION CONSULTATION 12 Pre application Reference: 23/00006/PAN Page 78 of 274
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13 The proposed development is classed as a ‘Major’ development, in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009. Therefore, the applicant was required to undertake formal pre-application consultation with the local community. The submitted Pre-application Consultation (PAC) Report outlined that two public exhibitions were held locally on 26th April 2023 and 17th May 2023. The outcome of the events, etc. is detailed within the PAC Report. DEVELOPMENT PLAN 14 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 15 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. 16 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 7: Historic Assets and Places • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 17: Rural Homes • Policy 20: Blue and Green Infrastructure • Policy 22: Flood Risk and Water Management • Policy 25: Community Wealth Building • Policy 28: Retail • Policy 29: Rural Development • Policy 30: Tourism Perth and Kinross Local Development Plan 2019 17 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. Page 79 of 274
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18 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 6: Settlement Boundaries • Policy 8: Rural Business and Diversification • Policy 9C: Caravan Sites, Chalets and Timeshare Developments: Chalets, Timeshare and Fractional Ownership • Policy 14B: Open Space Retention and Provision: Open Space within New Developments • Policy 19: Housing in the Countryside • Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 27A: Listed Buildings • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 38A: Environment and Conservation: International Nature Conservation Sites • Policy 38B: Environment and Conservation: National Designations • Policy 39: Landscape • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 53E: Water Environment and Drainage: Water Supply • Policy 54: Health and SafetyConsultation Zones • Policy 55: Nuisance from Artificial Light and Light Pollution • Policy 56: Noise Pollution • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 19 • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Housing in the Countryside (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) Page 80 of 274
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PKC NON-STATUTORY GUIDANCE 20 • Planning Guidance - Planning & Biodiversity NATIONAL GUIDANCE 21 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 22 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 40 Development Management • PAN 51 Planning, Environmental Protection and Regulation • PAN 68 Design Statements • PAN 69 Planning and Building standards Advice on Flooding • PAN 75 Planning for Transport Creating Places 2013 23 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 24 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 25 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 26 As part of the planning application process the following bodies were consulted: Page 81 of 274
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External 27 Perth and Kinross Heritage Trust: No objections, subject to a condition requiring the implementation of a programme of archaeological works. 28 Scottish Environment Protection Agency: No objection. 29 NatureScot: No objection. Advise that the site is within foraging range of geese associated with South Tayside Goose Roost Special Protection Area (SPA). As a result, PKC as competent authority is required to carry out an Appropriate Assessment. 30 Scottish Water: No objection. Confirm that there is water and wastewater capacity in the local network. 31 Transport Scotland: No objection, subject to a condition requiring a travel plan. 32 Historic Environment Scotland: No objection. The proposals do not raise historic environment issues of national significance. 33 Health and Safety Executive: No response received. Internal 34 Development Plans: Object. Advise the proposal is a departure from the Development Plan and, in this instance, there are no material considerations that justify a departure from the Plan. 35 Environmental Health (Private Water): No objection. The development will be serviced from the public mains water supply, and no existing private water supplies will be affected. 36 Environmental Health (Noise Odour): No objection, subject to conditions on noise, delivery times, external lighting and construction hours. 37 Development Contributions Officer: Contributions are required towards primary education (£6,300) and the Auchterarder A9 junction (£120,750). 38 Transportation and Development: No objections. 39 Biodiversity/Tree Officer: No objections. Conditions required. 40 Structures and Flooding: No objections, subject to conditions on SUDS details. Page 82 of 274
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41 Commercial Waste Team: No objections. Confirmed that the proposed bin stores are sufficient. Representations 42 57 representations were received, 2 objections and 55 in support, including a 47 signature petition. 43 The main issues raised within the objections are: • Contrary to development plan policy • Adverse effect on visual amenity • Inappropriate density • Inappropriate land use • Lack or loss of car parking • Light pollution • Loss of open space • Out of character with the area • Over intensive development • Traffic congestion 44 The main reasons for supporting the application are as follows: • Will help to maintain local bus services • Sustainable design and construction • Incorporates walking routes and tree planting • Will provide local jobs and support businesses • Improvement to local sports facilities 45 These issues are addressed in the Appraisal section of the report. ADDITIONAL STATEMENTS 46 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report not required Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed AA completed Design Statement or Design and Access Statement submitted Report on Impact or Potential Impact e.g. Flood Risk Assessment • PAC Report • Transport Assessment • Biodiversity Action Plan • Ecological Appraisal Page 83 of 274
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• Holiday Accommodation Market Demand Assessment • Sustainability and Low Carbon Assessment • Statement of Community Benefit • Socioeconomic Statement • Preliminary Ecological Appraisal and Biodiversity Enhancement Plan • Planning Statement • Landscape and Visual Impact Assessment • Flood Risk and Drainage Assessment • Design and Access Statement • Business Plan APPRAISAL 47 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. Principle 48 NPF4 Policies 29: Rural development and 30: Tourism are relevant as are LDP2 Policies 8: Rural Business and Diversification and 9: Caravan Sites, Chalets and Timeshare Developments. 49 NPF4 Policy 29 advises that ‘development proposals that contribute to the viability, sustainability and diversity of rural communities and local rural economy will be supported, including: i. farms, crofts, woodland crofts or other land use businesses, where use of good quality land for development is minimised and business viability is not adversely affected; ii. diversification of existing businesses; iii. production and processing facilities for local produce and materials, for example sawmills, or local food production; iv. essential community services; v. essential infrastructure; vi. reuse of a redundant or unused building; Page 84 of 274
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vii. appropriate use of a historic environment asset or is appropriate enabling development to secure the future of historic environment assets; viii. reuse of brownfield land where a return to a natural state has not or will not happen without intervention; ix. small scale developments that support new ways of working such as remote working, homeworking and community hubs; x. improvement or restoration of the natural environment.’ 50 The Planning Supporting Statement asserts that the proposal is a ‘land-use business’ in terms of criterion i. However, this is not accepted, and the proposal is not considered to fit readily into any of the listed criteria including when considered against the wider criterion and other policies within the Development Plan. This includes that there is no indication that the proposals are a diversification of a business related to the specific attributes of the site; and that the small area of previously used land, the area of hardcore, is not having a significant impact on the area and could easily be reversed or allowed to return to a natural state. As a result, it does not benefit from direct policy support via NPF4 Policy 29. Indeed, it is considered that the proposals are contrary to this policy. 51 NPF4 Policy 29 also seeks to protect ‘good quality land’. The site is currently used for arable farming and is classified as soil type 3.2 in terms of Land Capability for Agriculture (LCA). NPF4 Policy 5: Soils states that ‘Development proposals on prime agricultural land, or land of lesser quality that is culturally or locally important for primary use, as identified by the LDP, will only be supported where it is for: i. Essential infrastructure and there is a specific locational need and no other suitable site; ii. Small-scale development directly linked to a rural business, farm or croft or for essential workers for the rural business to be able to live onsite; iii. The development of production and processing facilities associated with the land produce where no other local site is suitable; iv. The generation of energy from renewable sources or the extraction of minerals and there is secure provision for restoration.’ 52 LDP2 Policy 51: Soils defines ‘good quality agricultural soils’ as those with an LCA classification of 1, 2, 3.1 and 3.2. Therefore, the proposal is also contrary to NPF4 Policy 5, as it does not fall within any of the identified land use criteria. 53 Part (a) of NPF4 Policy 30 offers considerable support for new tourist accommodation, although in locations identified in the Local Development Plan. In this instance the site is not within an area identified as such in the LDP. This does not automatically make it unacceptable, but it does mean that the policy offers no direct support to the proposal. 54 LDP2 Policy 8: Rural Business and Diversification sets out qualified support for the creation of new tourism businesses in rural areas. However, it also advises that that it is preferable that new developments are situated within or adjacent to Page 85 of 274
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existing settlements. The proposed site is neither within or adjacent to the nearest settlement of Auchterarder. The qualification for sites outwith settlements is that they may be acceptable where they ‘offer opportunities to diversify an existing business, or are related to an existing site-specific resource or opportunity.’ As is mentioned above, there is no apparent site specific resource or business which the development would clearly relate to and would contextually diversify. 55 Notwithstanding that the proposal represents a unique opportunity to develop this site for purposes other than agriculture, this is not enough to meet the NPF4 and LDP2 policy criteria. The Planning Supporting Statement does not identify any hidden relationship to an existing site-specific resource. 56 Furthermore, in terms of specific locational need, the application fails to demonstrate the reasons that the development must be located on this particular site, indeed it appears to be rather isolated from any elements which may assist it’s success or provide wider added value – beyond the fact that the site is currently productive agricultural land in a high quality open rural landscape. As such the proposal does not meet the criteria in any of these three primary policies. 57 LDP2 Policy 9: Caravan Sites, Chalets and Timeshare Developments has two elements that are relevant to the proposal. 58 Firstly the development cannot be used as permanent residences. The application supporting documents advise that it is intended that, with the exception of the manger’s accommodation, the accommodation units will be sold as second homes and not permanent residences. 59 Secondly, proposals must meet either of the following criteria: • (a) involve the expansion of an existing hotel, guest house, chalet park, caravan park or timeshare or fractional ownership development where the development does not constitute either overdevelopment of the site or its setting; or • (c) meet a specific need by virtue of its quality or location in relation to existing tourism facilities. 60 Again, as is noted above, the proposal does not show any compliance with these criteria. 61 Overall, while there is considerable policy support for new tourist development from both NPF4 and LDP2. Especially LDP2 Policy 8. This is not unconditional and in this case the proposals clearly depart from the overall intent of these primary policies with no overriding material considerations evident. The proposal does not expand or diversify an existing business at the location, nor does it demonstrate that the development is required at the identified location, indeed it Page 86 of 274
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appears that the same development arguments could relate to multiple agricultural areas in multiple other locations. Therefore, the proposed development fails to meet the criteria of the above relevant policies and therefore the principle of the development is considered unacceptable in this location. Economic Impact 62 A ‘Holiday Accommodation Market Demand Assessment’, a ‘Socioeconomic Statement’ and a ‘Business Plan’ have been submitted in support of the application. These outline that the accommodation units will be for second home ownership and the documents provide estimates of the potential economic impact from construction phases and from recurring visitor expenditure. 63 Although there may be market demand for second home ownership in the area, or any area within a high-quality rural landscape in close proximity to the large catchment of Scotland's Central Belt, and the ensuing economic impacts generated as a result. However, there is limited correlation between the narrative of the assessment and the requirement for the development in this specific location. Economic impact is a material consideration and careful deliberation has been given to whether there are significant benefits in this regard that would justify a departure from the Development Plan. The outcome of this is that the reletively modest economic benefits would be insignificant in relation to the negative impacts and it is concluded that there is no reasonable justification for the development in this location and a departure is not supportable. Design and Layout 64 NPF4 Policy 14: Design, Quality and Place and LDP2 Policy 1: Placemaking are relevant in the consideration of the design and layout of the proposal. 65 The indicative masterplan shows a development that will be functional with modern elements in all accommodation types, in what is currently a relatively open landscape in use as agricultural fields. The layout proposes clusters of lodges, each cluster with a common green area. Each green area will be directly overlooked by the proposed lodges. A hub building will be located at the site entrance from the A823, with the manager’s accommodation, landscaping and car parking also proposed in this area adjacent to the road. 66 The development is expected to be delivered in 4 phases. Overall, the proposals will bring a clear and obvious change to the existing landscape setting as it is currently part of a grouping of open fields. A new shelterbelt of structural native trees and hedging will eventually give a degree of containment and create a new landscape context. However, the degree of visual change and limited use of existing landscape features would result in a significant and negative impact on the existing landscape appearance. Primarily, what is presently open agricultural fields and the associated boundary treatments and landscape containment, would become an envelope of significant structural landscaping containing not Page 87 of 274
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insignificant scaled buildings and associated infrastructure. This would also include lighting, where presently there is none. 67 Overall, whilst the proposed design and layout is not inconsistent with some other holiday lodge developments within Perth and Kinross, the design and siting at the proposed undeveloped and open rural location, resulting in a detached and isolated development in the open countryside, does not contribute positively to the quality of the surrounding environment nor respect the character and amenity of the area. The proposal fails to accord with NPF4 Policy 14: Design, quality and place, specifically the spatial strategy is not underpinned by the ‘six qualities of successful places’ as it is not support attractive natural and built spaces nor is it well connected to its surroundings and fails to reduce car dependency. 68 The proposal is not considered to accord with the Council’s Placemaking policies and in particular LDP2 Policy 1, as it would result in a significant and largely irrevocable change to the existing landscape. The design, density, and siting would be to the detriment to the character and amenity of the place. Any improvement to transport links, including walking and bus services would be mainly related to the proposed use of the site itself and is not considered sufficient to outweigh the negative aspects. Furthermore, the proposed and landscaping and planting works do not fully respect the existing landscape character and would result in a significant change to the existing landscape context and introduce a scale and nature of development which would have detrimental impact. Landscape 69 A ‘Landscape and Visual Impact Assessment’ has also been submitted in support of the planning application. Initially this only showed the site in its current, undeveloped state and then jumped forward 10 years, when landscaping is likely to achieve an element of growth and maturity. Upon request additional visuals were provided of the site in the intervening period. 70 However, by its very nature the proposed development will result in landscape and visual effects that will cause changes to local landscape character and affect views from a number of locations, both localised and further afield. 71 The characteristics of the proposed development will be groups of lodge buildings located on agricultural grassland, within a newly planted shelterbelt of trees and hedges. There is limited existing screening from the A823, with the current site largely open. This situation would, to an extent, change due to landscaping proposals, but the character and appearance of the site in the wider landscape would see clear change from it’s existing high quality character in a relatively open landscape that side of the road and for a significant distance beyond. 72 Without the proposed woodland planting the proposed lodges would be, in themselves, highly prominent in a largely open landscape. Although the Page 88 of 274
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proposed planting will soften the extent of impact, it will take considerable time to mature and even then, would not mitigate the adverse landscape impact or provide justification for the proposed development at this location. 73 Although the impacts on the landscape would reduce as the distance from the site increased, more localised impacts would be of a scale and context which is considered detrimental. Impact on local visual amenity would also be negative, even accounting for the fact that the significance of impact would to an extent slowly reduce over time as structural landscaping matured. It is thus not considered that the proposed development satisfactorily would integrate into the surroundings, to an extent that the impacts would be considered acceptable. 74 Although the proposal attempts to mitigate the impacts on the landscape and visual amenity, the adverse impact on the landscape character is not justified, nor in themselves provide adequate justification for the proposed development at this location. As such the proposals are not considered to comply with LDP2 Policy 39 as it will not provide a high-quality landscape enhancement to the area. Residential Amenity 75 The closest residential properties are ‘West Third’ to the north and ‘Muirton Park’ to the south-east, which are both approximately 500m from the site. The site will be visible to these properties. There is also staff accommodation at the Gleneagles Equestrian Centre approximately 450 metres away. Lighting 76 Environmental Health raised no concerns regarding light pollution and impact on the nearest residential properties. They have requested a standard lighting condition should the application be approved to prevent any light spillage issue from occurring. The proposal is considered to comply with LDP2 Policy 55. Noise 77 The main source of noise will be from patrons using the site, especially in the late evening period. Environmental Health advise that this can be controlled through good site management. There is also the potential for noise during the construction phase. Should the application be approved Environmental Health recommend that a Noise Management Plan will be required to be submitted and agreed prior to the operation of the development. Further conditions will also be required to control plant noise, delivery times and construction hours. Roads and Access 78 A ‘Transport Assessment’ has been submitted in support of the application. Transport Planning initially had some concerns over some road widths within the development being able to accommodate emergency vehicles. Adjustments to Page 89 of 274
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the site layout have been made to ensure that larger vehicles can be accommodated within the internal roads. 79 Transport Scotland has advised that the proposal is not anticipated to have a negative effect on the trunk road network. However, if the application is approved, they have requested a condition requiring a Travel Pan to be submitted for approval that sets out proposals for reducing dependency on the private car. 80 It is acknowledged that the main mode of transport associated with the development will be predominantly vehicle-based trips. The proposal includes the provision of a pedestrian footpath to connect into the existing network, approximately 500m to the south. However, it is unclear how this will be delivered, as it does not appear that the applicant has control over or has investigated the deliverability via other controlling interests. NPF4 Policy 13 Sustainable Transport states that ‘development proposals for significant travel generating uses will not be supported in locations which would increase reliance on the private car, taking into account the specific characteristics of the area’. In this respect the development will rely significantly on the private car and given its location away from the settlement of Auchterarder, will undoubtedly see this as the primary mode of transport. Similarly, LDP2 Policy 60 also advises that significant travel generating uses that rely on the private car will only be supported where there are direct links made to core path networks and access to local bus routes within 400 metres are available. The development would introduce a significant level of new traffic to the locality. However, because of the site’s countryside location it is not well served by sustainable modes of transport. 81 Each lodge and the manger’s accommodation will be provided with two car parking spaces. A further 38 car parking spaces will be provided adjacent to the hub area, of which 19 spaces will be provided with EV charging points. In total, 176 car parking spaces will be provided for the development, demonstrating its car-dependent nature. 82 The Transport Assessment advises that the development would generate the same level of daily vehicle trips as 35 residential dwellinghouses. On this basis it asserts that no developer contributions should be sought from the proposed development. Officers dispute this assertion and a contribution towards A9 junction improvements will be required, as detailed in the Developer Contributions section below. Drainage and Flooding 83 A ‘Flood Risk and Drainage Assessment’ (FRA) supports the application, and this has been assessed by both SEPA and the Council’s Structures and Flooding Team. Neither has any objections to the approach set out. 84 The FRA is considered to be based on appropriate methods and its representation of flood risk at the site is in line with available evidence. SEPA are Page 90 of 274
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satisfied that the recommendations of the FRA have been considered in the design and development is not considered to be at risk of flooding. 85 Structures and Flooding are also satisfied with the information provided with the proposal and, if planning permission is granted, have requested a condition for detailed SUDS design to be subject to further approval. 86 Overall, the proposal complies with NPF4 Policy 22 and LDP2 Policies 52 and 53. Waste Collection 87 Waste Services have confirmed that the proposed bin storage area is sufficient to meet the proposed number of lodges and hub building. Conservation Considerations 88 Perth & Kinross Heritage Trust (PKHT) confirm that the proposed development lies within an area that is archaeologically sensitive due to the lack of any previous construction, as evidenced in map regression of the site and the presence of significant archaeological sites in the local area. Therefore, if permission is granted, it is recommended that a programme of archaeological works is required via condition to assess the presence / absence, character and significance of archaeological deposits on the site. 89 Historic Environment Scotland (HES) advise that the proposal has the potential to affect Tullibardine Chapel and Easthill Standing Stones Scheduled Monuments. Although they assess that they are broadly content that the impact on the setting of the monuments would not be significant. Natural Heritage and Biodiversity 90 NPF4 Policy 3: Biodiversity and LDP2 Policies 40: Forestry, Woodland and Trees and 41: Biodiversity are relevant in the assessment of the application. 91 A ‘Preliminary Ecological Appraisal’ and ‘Biodiversity Enhancement Plan’ were submitted in support of the application and considered by PKC’s Biodiversity/Tree Officer. Further information was requested on a number of matters including: tree protection; further badger survey; further red squirrel survey; assessment of trees with bat roost potential, including impact assessment, mitigation and compensation if required; and the requirement for the submission of a ‘Site Biodiversity Action Plan’. 92 A further ‘Ecological Appraisal’ and ‘Biodiversity Action Plan’ were submitted to address these points. These reports make a number of observations and recommendations, including details of native hedgerow planting, individual tree and woodland planting, shrub planting, a dry SUDS basin, wildflower grassland, bat and bird boxes and a sensitive lighting scheme. Should the application be Page 91 of 274
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approved conditions will be required to ensure the recommendations and mitigation measures set out in the reports are implemented to ensure compliance with NPF4 Policy 3 and LDP2 Policies 40 and 41. Low and Zero Carbon Generating Technologies 93 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, a Sustainability and Low and Zero carbon Statement has been submitted. The Statement advises that he energy and thermal performance of the proposed new buildings will be determined during the building warrant stage of the development, should planning permission be granted and, therefore, it is not feasible to attempt to deliver that level of detail at this stage of the proposal. However, the statement of intention proposes options including, low carbon thermal efficient design, solar PV, heat pumps and biomass. Developer Contributions 94 The Council’s Developer Contributions Officer has assessed the applicants Transport Statement and Socioeconomic Statement. LDP2 Policy 5 and the associated Developer Contributions Supplementary Guidance requires contributions from developments within the Auchterarder and wider Strathearn housing market area towards meeting the cost of delivering the A9 junction improvements, which are required in the interests of safety. 95 The applicant’s supporting information references the Supplementary Guidance (2020), which was replaced in December 2023 with the adopted statutory Supplementary Guidance (2023). PKC’s implementation of this guidance, as it specifically relates to holiday accommodation, was clarified in the Further Information Note: Holiday Accommodation (August 2024). 96 For non-residential developments that have a trip generation equal to or greater than a dwellinghouse, an assessment for contributions is made on a case-by- case basis. Where it is considered to reduce the need to travel e.g. through the provision of local employment or services, the Guidance would not apply. Due to its nature and location, is not considered that the proposed development reduces the need to travel. 97 The applicant’s supporting information concludes that the impact of the proposed holiday accommodation development is the equivalent of 35 dwellinghouses. The adopted rate is £3,450 per dwellinghouse, thus it is considered that the development results in the requirement for a contribution of £120,750. Page 92 of 274
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98 In addition, the Developer Contributions Supplementary Guidance requires a financial contribution towards increased primary school capacity in areas where a primary school capacity constraint has been identified. A capacity constraint is defined as where a primary school is operating at over 80% and is likely to be operating following completion of the proposed development, extant planning permissions and Local Development Plan allocations, at or above 100% of total capacity. 99 This proposal is within the catchment of The Community School of Auchterarder Primary School. There is one dwellinghouse proposed as manager’s accommodation, which will require an Education Contribution of £6,300. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 100 If approved, a Section 75 legal agreement would be required to cover the developer contributions relating to the A9-Loaninghead Junction and education. DIRECTION BY SCOTTISH MINISTERS 101 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 102 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 be contrary to the Development Plan. 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 refusal on the grounds identified below. RECOMMENDATION Refuse the application Reasons for Recommendation 1. The proposal is contrary to NPF4 Policy 14: Design, Quality and Place as it is not designed to improve the quality of the area, nor is it consistent with the six qualities of successful places. In addition, it is contrary to LDP2 Policy 1: Placemaking as the proposed location is not in a sustainable location. Furthermore, the proposal fails to demonstrate that the proposed design and siting contributes positively to the quality of the surrounding environment or respect the character and amenity of the area. Page 93 of 274
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2. The proposal is contrary to NPF4 Policy 29: Rural Development and LDP2 Policy 8: Rural Business and Diversification as the proposal fails to demonstrate the proposal will diversify an existing business or is related to an existing site-specific resource or opportunity. 3. The proposal is contrary to NPF4 Policy: 30 Tourism and LDP2 Policy 9: Caravan Sites, Chalets and Timeshare Developments as the proposal is not identified in the LDP for tourist accommodation and fails to demonstrate the proposal will diversify an existing tourism business or is related to an existing site-specific resource or opportunity. 4. The proposal is contrary to NPF4 Policy 29: Rural Development and LDP2 Policy 39: Landscape as the proposal is not suitably scaled, sited and designed to be in keeping with the character of the area, and will result in localised visual impacts of a scale and context which is considered detrimental and that the proposed development will not satisfactorily integrate into the surroundings to an acceptable standard. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None required. Informatives None required. Background Papers: 57 letters of representation Contact Officer: Alex Gudgeon Date: 29.11.2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING Page 94 of 274
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Perth and Kinross Council Planning and Placemaking Committee – 11 December 2024 Report of Handling by Strategic Lead: Economy, Development and Planning (Report No. 24/359) PROPOSAL: Erection of 292 dwellinghouses, 48 flats, 28 detached garages, 3 retail units, a refuse/bike store and a sports changing pavilion, formation of leisure facilities, SUDS ponds, parking areas, landscaping and associated works, (Phase 1) (allocated site MU73) (approval of matters specified in conditions 21/00383/IPM) LOCATION: Land adjacent to Huntingtowerfield & Ruthvenfield, Huntingtowerfield, Perth Ref. No: 24/01023/AMM Ward No: P5- Strathtay Summary This report recommends approval of a Matters Specified in Conditions (AMSC) application for the erection of a total of 340 dwellings (292 houses and 48 flats), 3 retail units, a sports changing pavilion and associated infrastructure and works, relating to Phases 1/1A and the ‘Local Centre’, in the northern part of the site, referred to as ‘Almond Valley’. This Report concludes that the proposal is consistent with the Development Plan, the existing Planning Permission in Principle (PPP) consent (Ref: 21/00383/IPM) and other relevant material planning considerations. BACKGROUND AND DESCRIPTION OF PROPOSAL 1. The application site extends to an area of 29.2 ha and forms part of the development site known as ‘Almond Valley’, which extends to 103 hectares (ha) and is located immediately beyond the north-western edge of Perth. The application site currently comprises arable and grazing farmland. However, historically it was used for industrial purposes and there remain older properties throughout the site, mainly associated with historic mill activities related to Perth Lade. In addition, overland power lines pass across the site in a southwest / northeast alignment and an underground gas main traverses the north-east section of the site. 2. Almond Valley is allocated as ‘Site MU73’ within the Perth and Kinross Local Development Plan 2019 (LDP2). MU73 identified for a mixed-use development, including up to 1,100 dwellings. 5(1)(iii) Page 99 of 274
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3. The current application is for Phase 1/1A and the Local Centre of the development and comprises 340 dwellings (292 houses and 48 flats), 3 retail units, a sports changing pavilion and associated infrastructure and works. A previous detailed approval has been granted for this phase (19/01433/AMM) and remains extant. Some of the conditions of the PPP have been agreed under that consent and, due to the similarities with the current application, do not require to be revisited. The current application for AMSC will be required to implemented concurrently with certain matters previously approved under AMSCs 19/01430/AMM and 19/01433/AMM. These matters are detailed in the assessment section of the report. 4. The developer for the previously approved permission was Stewart Milne Group. Barratt has since sought to acquire the site, thereby requiring some amendments to the previous approval to reflect the different house types now proposed, alongside some other relatively minor changes to the layout. 5. Of the 340 residential units proposed, 255 will be for sale and 85 will be affordable homes. These dwellings comprise a mix of detached dwellinghouses, semi-detached dwellinghouses, terraces and flats. The numbers and tenure mix are: • 24 x one-bedroom cottage flats; • 24 x two-bedroom flats; • 7 x two-bedroom terraced dwellinghouses; • 44 x three-bedroom terraced dwellinghouses; • 12 x four-bedroom terraced dwellinghouses; • 46 x three-bedroom semi-detached dwellinghouses; • 128 x three-bedroom detached dwellinghouses; and • 55 x three-bedroom with study detached dwellinghouses. 6. In addition, the following is proposed: • Community facilities; including a retail/local centre comprising 3 units (187sq/m total floorspace) • Open space; • Dedicated equipped outdoor play area; • Sports pitches and pavilion provision adjacent to the River Almond; and • New vehicular and pedestrian routes, including connection to the recently constructed A9/A85 link road. SITE HISTORY 7 08/00678/IPM was Refused On 5 January 2012 for Residential-led development to provide 1,800 new homes, a primary school, leisure, retail, office facilities along with new vehicular and pedestrian access, open space and landscaping (in principle) Page 100 of 274
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8 10/00005/PAN On 7 May 2010 for Mixed use development comprising residential, retail, business and industrial associated community facilities, landscaping, car parking and infrastructure including roads and accesses 9 14/00011/PAN On 13 October 2014 for Mixed use development compromising residential, a primary school and community facilities 10 14/01961/SCOP On 23 December 2014 for Scoping opinion for mixed use development compromising residential, a primary school and community facilities 11 15/00546/IPM application was Withdrawn On 3 July 2015 for Residential development with school and community facilities, open space, landscaping and associated infrastructure (in principle) 12 15/01157/IPM was Refused On 18 May 2016 for Residential development with school and community facilities, open space, landscaping and associated infrastructure (in principle) 13 19/00056/SCRN On 5 March 2019 for Construction of a road 14 19/01430/AMM was Approved On 25 November 2022 for Formation of primary vehicular access and associated works (approval of matters specified in conditions of planning application 15/01157/IPM or as subsequently superseded by application 21/00383/IPM) 15 19/01433/AMM was Approved On 12 December 2022 for Erection of 284 dwellinghouses, 21 detached garages, 56 flats, 3 retail units, a refuse/bike store and a sports changing pavillion, formation of boundary treatments, retaining walls, leisure facilities, SUDS ponds, parking areas, landscaping and associated works (approval of matters specified in conditions of planning application 15/01157/IPM or as subsequently superseded by application 21/00383/IPM) (Phase 1 and 1A) (allocated site MU73) 16 21/00383/IPM was Approved On 25 November 2022 for S42 application to modify condition 8 (sustainable development) and condition 16 (residential occupation) of permission 15/01157/IPM ENVIRONMENTAL IMPACT ASSESSMENT 17 The wider Almond Valley development is of a type listed within Schedule 2 of the EIA Regulations and has been subject of EIA screening related to the initial ‘PPP’ permission (15/01157/IPM). Additional environmental information has been provided through EIA Addendums. PRE-APPLICATION CONSULTATION 18 As an AMSC application, the applicants were not required to undertake any formal pre-application consultation with the local community. Page 101 of 274
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DEVELOPMENT PLAN 19 The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. National Planning Framework 4 20 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve peoples’ lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 21 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 7: Historic Assets and Places • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 16: Quality Homes • Policy 18: Infrastructure First • Policy 20: Blue and Green Infrastructure • Policy 21: Play, Recreation and Sport • Policy 28: Retail Perth and Kinross Local Development Plan 2019 22 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 23 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 1C: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 7B: Employment and Mixed Used Areas: Mixed Use Sites • Policy 14B: Open Space Retention and Provision: Open Space within New Developments Page 102 of 274
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• Policy 15: Public Access • Policy 17: Residential Areas • Policy 20: Affordable Housing • Policy 23: Delivery of Development Sites • Policy 25: Housing Mix • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 27A: Listed Buildings • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 38A: Environment and Conservation: International Nature Conservation Sites • Policy 38B: Environment and Conservation: National Designations • Policy 38C: Environment and Conservation: Local Designations • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 44: Perth Lade Green Corridor • Policy 52: New Development and Flooding • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 54: Health and Safety Consultation Zones • Policy 56: Noise Pollution • Policy 57: Air Quality • Policy 58A: Contaminated and Unstable Land: Contaminated Land • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 24 • Supplementary Guidance - Air Quality (adopted in 2020) • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020) PKC NON STATUTORY GUIDANCE 25 • Planning Guidance - Delivery of Development Sites • Planning Guidance - Planning & Biodiversity Page 103 of 274
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NATIONAL GUIDANCE 26 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 27 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 65 Planning and Open Space • PAN 67 Housing Quality • PAN 68 Design Statements • PAN 75 Planning for Transport • PAN 79 Water and Drainage Creating Places 2013 28 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 29 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 30 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. CONSULTATIONS 31 As part of the planning application process the following bodies were consulted: Page 104 of 274
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External 32 Perth and Kinross Health and Social Care Partnership (NHS): Local healthcare infrastructure needs must therefore be clearly identified in the Local Development Plans in the future, to inform the strategy and development proposals. Early engagement and collaboration between relevant stakeholders will better inform decisions on land use and investment. 33 Methven Community Council: Concerns over construction access, lack of public transport and community consultation. 34 Transport Scotland: No objection, subject to the ongoing requirements to set out in conditions 16 and 19 of 21/00383/IPM. 35 Scottish Water: There is currently sufficient capacity in the Perth Water Treatment Works to service the development. A Strategic Water Impact Assessment for the area shows that this proposed site causes detrimental impact to the network and therefore mitigation will be required. However, Scottish Water will be delivering the mitigations. It has been previously agreed for a temporary connection off the main on Bleachers Way to allow a maximum of 40 units to proceed. 36 Scottish Environment Protection Agency: SEPA was consulted in respect of the Condition 19: Construction Traffic Management Plan and 36: Construction Environmental Management Plan. SEPA has advised that their standing advice on these matters is applicable. 37 Scottish and Southern Electricity Networks: No objections, subject to conditions relating to the proximity of landscaping and SUDS to the overhead power line. 38 Scotland Gas Networks: Following discussion with the developer SGN has withdrawn its objection to the proposal. 39 Perth and Kinross Heritage Trust: No objections. Condition required for a programme of archaeological works to be carried out. Internal 40 Commercial Waste Team: The planning application does not include a storage area for the commercial bins or a collection point. Therefore, we recommend that a storage area for the bins be included. 41 Community Waste Advisor - Environment Service: Advised that the Swept Path Analysis in the drawings had been carried out based on a smaller vehicle than PKC refuse collection vehicles. This was updated to reflect the vehicles outlined in the response. No further comments. Page 105 of 274
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42 Environmental Health (Noise Odour): Conditions required. 43 Environmental Health (Contaminated Land): Condition required. 44 Development Contributions Officer: This application mirrors the extant consent for the ‘Phase 1’ area (19/01433/AMM). No further comments in relation to the Developer Contribution and Affordable Housing Supplementary Guidance. 45 Transport Planning: No objection. Conditions required for further details to be provided on roads, lade crossings and active travel accesses; a Travel Plan; street lighting design, wildlife kerbs and works around the core path. 46 Structures and Flooding: No objection. Seek inclusion of an additional condition relating to finalised drainage detail to be provided. 47 Community Greenspace: No comments. 48 Biodiversity/Tree Officer: An updated Habitats Regulations Assessment has been submitted. Conditions required to ensure mitigation and enhancement measures are delivered on site. Representations 49 25 representations were received. The main issues raised within the representations are: • Concerns over construction access • Lack of local services and public transport • Flooding concerns • Inadequate parking provision • Lack of community consultation • Impact on wildlife and biodiversity • Increased traffic and roads safety concerns • Existing trees should be protected • Overdevelopment • Overlooking • Development is out of keeping with the local area • Light pollution 50 These issues are addressed in the Appraisal section of the report. ADDITIONAL STATEMENTS 51 Screening Opinion EIA addendum Environmental Impact Assessment (EIA): Environmental Report EIA addendum submitted Page 106 of 274
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Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal (HRA) submitted. The conclusions of the submitted HRA are adopted as the Planning Authority’s Appropriate Assessment. Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment • Archaeological Evaluation • Construction Management Plan • Design and Access Statement • Drainage Strategy Report • Tree and Woodland Report • Transport Statement (and Addendum) • Site Investigation Report • Ecological Appraisal • Public Travel Plan • Habitats Regulations Assessment • Landscape and Biodiversity Management Plan • Low and Zero Carbon Statement • Noise Statement APPRAISAL 52 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. In addition, section 14(2) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such an application as this to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Section 64(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 is relevant and requires planning authorities to pay special attention to the desirability of preserving or enhancing the character or appearance of the designated conservation area. Page 107 of 274
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Principle 53 The principle of the proposal has been established through the site’s allocation as MU73 in LDP2 for a mixed-use development. Planning permission in principle (PPP) (21/00383/IPM) has also been granted for the mixed-use development of the site in line with the MU73 allocation. An extant Approval of Matters Specified in Conditions (AMSC) (19/01433/AMM) is also in place for this phase of the development. The current proposal is substantially similar to the extant AMSC and the principle of the proposal is acceptable subject to compliance with relevant development plan policies and other material considerations. These matters are considered in detail below. Design and Layout 54 NPF4 Policy 14: Design, Quality and Place, Policy 15: Local Living and 20 Minute Neighbourhoods and Policy 16: Quality Homes are relevant; as are LDP2 Policy 1: Placemaking, Policy 14B: Open Space within New Developments, Policy 17: Residential Areas, Policy 25: Housing Mix and Policy 42: Green Infrastructure. In association, various PPP conditions also apply. 55 The layout is predominantly similar to that of the extant AMSC, with the main change seeking approval for the Barratt house types. The layout continues to follow the strategies set down by the consented masterplan by creating permeable neighbourhoods connected both to the existing core paths and the new landscaped zones. Streets and lanes are proposed throughout to maximise the building frontage and create spaces which prioritise pedestrians. Varying carriageway widths, building lines and street trees will reduce forward visibility and vehicle speeds. 56 The proposed dwellings all seek to provide an active and street-facing frontage, with garages (where proposed) set back or offset with appropriate front boundary treatment and detailing, mitigating the impact of visual dominance. This provides an acceptable design and visual quality throughout and ensures that cars will not dominate streetscapes. The private garden ground provision for individual plots is set out in Plan 375, which confirms that the areas proposed are appropriate. 57 The local centre has been developed to create a mix of retail and residential uses and creates a heart to the overall masterplan, as envisaged by the LDP2 allocation and are commensurate with the development contained in these early phases. 58 Areas of open space will be defined by existing woodland, proposed woodland and/or building frontages. This will ensure that these spaces were well integrated within the new neighbourhood and located within easy access of housing areas. The proposed footpath network will link the areas of open space throughout the new neighbourhood. Page 108 of 274
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59 Overall, the proposals are considered to comply with the Council’s placemaking policies, providing a logical and coherent structure and hierarchy of streets, buildings and open space that considers the surrounding landscape character and amenity of the area. The current proposals are considered to accord with both the PPP and relevant Development Plan policies. Landscape and Visual Amenity 60 NPF4 Policies 6: Forestry, Woodland and Trees; Policy 20: Blue and Green Infrastructure and Policy 21: Play Recreation and Sport and LDP2 Polices 39: Landscape; 40B: Forestry, Woodland and Trees - Trees, Woodland and Development; and 42: Green Infrastructure, are all relevant in considering landscape and visual amenity. In association, several conditions attached to the PPP application also apply. 61 The open space allocation along the northern section of the site, which includes the sports pitches, community sports pavilion, play area, SUDS and landscaping are largely the same as the previously approved AMSC. The areas of adoption remain the same and the landscaping design and species choice are all satisfactory and are in accordance with Council’s Supplementary Guidance: Open Space Provision for New Developments. 62 As part of the S75 legal agreement for the wider Almond Valley development, a community sports pavilion was secured, and this element continues to be proposed in the current application, where it is to be located alongside the proposed riverside sports pitches. In terms of landscaping, the existing S.75 also includes the provision of the sports facilities (sports pitches, pavilion and skate park), structural planting and play facilities. Not all of the facilities are to be provided in this phase of development. 63 In terms of landscape and visual amenity, the proposals do not conflict with the relevant policies of the Development Plan or associated PPP conditions. Residential Amenity 64 Residential amenity requires to be considered under NPF4 Policy 16: Quality Homes and LDP2 Policy 1: Placemaking and Policy 17: Residential Areas as well as PPP conditions. Privacy, Daylight and Overshadowing 65 In terms of potential for impact on existing residential amenity, such as overlooking or loss of privacy, it is not considered that the proposed development will unacceptably compromise existing residential amenity, or between properties within the proposed development itself. Each dwelling will see acceptable rear garden areas in terms of depth and area provided, complying with the aforementioned development policies and the Placemaking Supplementary Guidance 2020. Page 109 of 274
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Noise 66 Condition 42 of the PPP requires an assessment of air quality and the potential impact of each phase. As the current proposal is substantially similar to the previous AMSC in terms of noise impact, the Noise Impact Assessment (NIA) submitted with the previous application is again being relied upon to address noise issues and concerns. The NIA Considered operational noise from existing businesses, including that from Adie Kennels and Cattery, to understand what impacts these operations may have on the amenity experienced by occupants of the proposed dwellinghouses. The outcome of the assessment established that, subject to mitigation being secured, no unacceptable impact on future residential amenity was predicted (Conditions 5, 7, 8 and 10). 67 However, further informative work is required in relation to proposed properties in the vicinity of Huntingtower Hotel, this sees a further NIA required to inform and deliver appropriate mitigation against noise impacts in that area (Condition 11). These measures, combined, will ensure no adverse impact on the operation of the neighbouring businesses or residential amenity. Air Quality 68 Condition 45 of the PPP requires an assessment of air quality and the potential impact of each phase. Again, as the current proposal is substantially similar to the previous AMSC in terms of impact on air quality the air quality assessment (AQA) submitted with the previous application is again being relied upon to address air quality issues during both the construction and operational phases of the development. 69 The AQA found that the development was unlikely to have a significant adverse impact on air quality, subject to identified mitigation measures being undertaken, and these will be required under the implementation of the development. Contaminated Land 70 Condition 40 of the PPP requires an evaluation for the potential of the site to be affected by contamination by a previous use to be undertaken for each phase. Two reports have been submitted with the application considering previous conditions relating to contaminated land. 71 The area that has been identified within the red line boundary of this application is former railway land. A number of boreholes and trial pits have been undertaken and samples taken for analysis. Environmental Health has considered these reports and advised that the sampling appears to be from around the area of interest and not targeted at the potential source of contamination being the dismantled railway. As a result, a condition is recommended to ensure that further investigation work is carried out to ensure the suitability of the site for the proposed development (Condition 12). Page 110 of 274
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Roads and Access 72 The proposal will create a vehicle access from Ruthvenfield Road (B9993) roundabout on the fifth arm, with an additional vehicle access created onto Castle Brae near to Shepherds Mill Cottages and a final vehicle access onto Bleachers Way in Huntingtower. 73 A number of objectors to the proposal have raised concerns that Castle Brae East will be used as an access to the site by construction traffic. Condition 23 of the PPP states that Castle Brae East shall not be used by construction traffic associated with the development. This condition will remain enforceable against the AMSC applications, and it has been confirmed by the applicant that Castle Brae East will not be utilised by construction traffic. 74 The PPP approved the phasing approach for the development. The Almond Roundabout provides direct access the north-eastern portion of the Almond Valley development. The principle of the development being phased from east to west in the northern part of the site is therefore established through the PPP and extant AMSC. In infrastructure and practical terms, this makes earlier phases more straightforward to develop and frees up capacity on the road network. 75 The previously agreed reconfiguration of the residential phasing through the PPP sees the new A85 roundabout being required after the 340th residential unit. Therefore, the principle of access now being taken for the scale of development proposed solely from the Almond Roundabout is established. Transport Scotland and PKC Transport agree that this is acceptable subject to the full discharge of Conditions 16 and 19 of the PPP relating to speed management measures on the A85 and the requirement for a Construction Traffic Management Plan to be submitted to them prior to the commencement of works. 76 In respect of the internal road layout and parking provision, PKC Transport raise no concerns. The proposed internal movement layout, including road hierarchy and associated private and public parking provision is considered satisfactory and consistent with the approach and principles adopted in the original masterplan submission and extant AMSC 77 LDP2 Policy 15 relates to public access; including core paths and rights of way and seeks that development proposals do not have an adverse impact on such routes. In this regard comprehensive linkages with existing core paths, together with new and enhanced pedestrian/cycle routes are to be provided, and will integrate into a wider network – reflective of the routes identified through the original masterplan. Drainage and Flooding 78 The parameters agreed within the Flood Risk Assessment for the previous approval 19/01433/AMM are not changed by the Barratt site design. Therefore, the previous FRA for the site remains relevant and this matter does not need to Page 111 of 274
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be revisited in the consideration of this application. PKC Flooding and Structures has confirmed that they have no objections to the proposal subject to a condition (Condition 13) for the submission of the detailed drainage design. Healthcare Facilities 79 The HSCP have made comments in relation to existing and required healthcare facilities within the locale. They acknowledge that the appropriate point at which to begin this dialogue would be through engagement with the local development plan process and not via an AMSC application. Previous dialogue around this matter has suggested that units within the Local Centre could be utilised, but this will require further consideration by the parties. Waste Collection 80 The PPP seeks to ensure appropriate waste and recycling provision is identified and secured as part of the AMSC applications. There is considered to be adequate provision to accommodate the conditional requirements in this regard, satisfying the terms of the PPP. Archaeology and Conservation Considerations 81 NPF4 Policy 7: Historic Assets and Places; LDP2 Policies 26B: Archaeology and 29: Gardens and Designed Landscapes and conditions attached to the PPP application apply. 82 Archaeological assessment is recommended to be undertaken (Condition 32), which accords with the approach in the PPP. 83 The proposal is in proximity to two significant listed building groups: 18th century workers’ cottages at Grey Row (category C listed) and later blocks of workers’ housing at Waterside Cottages (category B listed). The Grey Row building group is separated from the development by the proposed site for a new school. It will therefore be for that future phase of development to ensure that the setting of the listed buildings is protected and maintained. In terms of Waterside Cottages, it is considered that appropriate planting and spacing has been afforded to this grouping, with no adverse impact on the character or setting of the listed buildings. There are no other adverse impacts on cultural heritage assets as a result of this phase of development. Natural Heritage and Biodiversity 84 In relation to natural heritage and biodiversity, NPF4 Policy 1: Tackling the nature crises, Policy 2: Biodiversity and Policy 6: Forestry, woodland and trees are relevant. Similarly LDP2 Policy 38: Environment and Conservation, Policy 40: Forestry, Woodland and Trees, and Policy 41: Biodiversity are also applicable. In association, several PPP conditions also apply. Page 112 of 274
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85 Due to the relationship with the River Tay Special Area of Conservation (SAC), a Habitats Regulations Assessment (HRA) was submitted, consistent with LDP2 Policy 38A. Although this matter was addressed through the previous AMSC application, an updated HRA Report was submitted which concluded that the findings of the previous HRA remain valid. Moreover, the Report concluded that, through the implementation of proposed mitigation measures, there will be no likely significant effects upon the River Tay SAC provided that the development fully accords with the HRA requirements. Condition 37 of the PPP (21/00383/IPM) requires the appointment of an independent Ecological Clerk of Works (ECoW) across all phases, thus the approach is considered satisfactory. 86 It is considered that the potential threat and impact to population, distribution or habitat of protected species can be either avoided or minimised through mitigation. There will be no significant adverse impact on site biodiversity as a result of the development proposals with suitable mitigation and enhancement secured. Thus, there is no conflict with relevant Development Plan policies or the terms of the PPP. Low and Zero Carbon Generating Technologies 87 LDP2 Policy 32 ‘Embedding Low and Zero Carbon Generating Technology in New Development’ states that proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. As this proposal includes the erection of a new building, consideration must be given to this requirement. Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that development should be designed to reduce green gas emissions. Conditions 5 and 8 of the PPP requires details to be provided of how the above policies will be met through the installation and operation of low and zero-carbon generating technologies. In this instance, a Renewable and Low and Zero Carbon Energy Statement has been submitted. The statement advises that the requirement will be met through the use of a fabric first approach, including timber frame construction, high performance windows and doors, photovoltaic roof panels, low voltage lighting, low flush sanitary appliances and energy efficient kitchen appliances. The proposal therefore complies with the relevant policies. 88 An Energy Statement is required prior to the commencement of development, to review heat network potential for district heating networks in association with Perth West (Condition 48 of PPP 21/00383/IPM). Developer Contributions 89 A Section 75 relating to the PPP is in place and covers the developer contribution requirements for the wider development. Page 113 of 274
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Economic Impact 90 The impact on the local economy from 340 new dwellings, local centre and sports pavilion and facilities will add to the available local expenditure and have a positive impact on existing local facilities. VARIATION OF APPLICATION UNDER SECTION 32A 91 This application was varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate minor improvements to the layout. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 92 None required. DIRECTION BY SCOTTISH MINISTERS 93 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. CONCLUSION AND REASONS FOR RECOMMENDATION 94 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions. RECOMMENDATION Approve, subject to the following conditions: Conditions and Reasons for Recommendation General 1. The development hereby approved under this Approval of Matters Specified in Conditions is only for the benefit of and under Permission in Principle reference: 21/00383/IPM. For the avoidance of doubt, this Approval of Matters Specified in Conditions is not approved under Planning Permission in Principle reference: 15/01157/IPM. The development hereby approved must be carried out in accordance with the approved drawings and documents for this approval and the Page 114 of 274
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terms of Planning Permission in Principle 21/00383/IPM, unless otherwise provided for by conditions imposed by this decision notice. Reason: To ensure the development is carried out in accordance with the approved drawings and documents. 2. The development hereby approved will be implemented concurrently with the previous Approvals of Matters Specified in Conditions for this phase of development, references: 19/01430/AMM and 19/01433/AMM. All matters not specifically approved under this AMSC must be implemented in line with 19/01430/AMM and 19/01433/AMM and all relevant conditions of those approvals strictly adhered to, or be subject to a further AMSC. Reason: To ensure the development is carried out in accordance with the approved consents. Construction Management 3. The Construction Environment Management Plan (CEMP) submitted to satisfy Condition 36 of planning permission 21/00383/IPM shall be implemented concurrent with the development. The CEMP will remain a dynamic document throughout the duration of construction and until the completion of development. The CEMP can be amended as necessary to meet best practice in terms of environment or ecology. Any amendments will be submitted to the Planning Authority as soon as reasonably practicable citing the relevant amendment and appropriate guidance. Reason: In the interest of protecting environmental quality and of biodiversity. EV Charging 4. Prior to the commencement of the development full details shall be submitted for the layout and incorporation of EV charging duct points within the development and all other proposed Air Quality mitigation measures to be implemented and evidenced that the predicted insignificant impact from the development is maintained. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. Residential Amenity and Noise 5. Prior to the commencement of the development hereby approved, the developer shall submit a scheme, for the written approval of the Planning Authority, which shall include the proposed means of ventilation for all habitable rooms that require acoustic trickle ventilation and the glazing specification for all habitable rooms, demonstrating the habitable rooms can achieve the internal sound levels Daytime 35 dBLAeq,16hrs and Night time 30dB LAeq,8hrs when measured for Page 115 of 274
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road noise. The agreed scheme shall thereafter be implemented in accordance with the agreed details. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality is maintained. 6. For any commercial kitchen, an effective ventilation system commensurate with the nature and scale of cooking to be undertaken shall be installed, operated and maintained, within the commercial areas, such that cooking odours are not exhausted into or escape into any neighbouring dwellings. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 7. All plant or equipment including any ventilation system associated with operation of the commercial areas shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 20 between 2300 and 0700 hours daily, within any neighbouring residential premises, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason: In the interests of public health and to prevent noise pollution. 8. Commercial deliveries shall be limited to Monday to Sunday 07.00 to 19.00. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 9. For commercial and sport pavilion areas, all external lighting to be installed shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 10. Prior to the occupation of any dwellinghouse in site H4, A 2-metre-high acoustic barrier shall be installed along the whole length of site boundary between 'J&E Smillie' and site H4. The acoustic barrier shall have a superficial mass of a least 20Kg/m2 and shall be of a solid construction with no gaps. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 11. Prior to the commencement of development at site H2, the applicant must submit a further noise impact assessment (NIA) to assess noise from the operations of the Huntingtower Hotel for the written approval of the Planning Authority, in consultation with Environmental Health Team. The NIA should be undertaken by Page 116 of 274
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a qualified noise consultant. All mitigation measures proposed in the NIA, which are agreed or required by the Planning Authority, shall be fully implemented prior to the occupation of any dwellinghouse in site H2. Reason: In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. Ground Contamination 12. Prior to the commencement of works on site, an evaluation for the potential of the site to be affected by contamination by a previous use should be undertaken and as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) will be submitted for consideration by the Council as Planning Authority. If after the preliminary risk assessment identifies the need for further assessment, an intrusive investigation should be undertaken to identify; i. the nature, extent and type(s) of contamination on the site. ii. measures to treat/remove contamination to ensure the site is fit for the use proposed. iii. measures to deal with contamination during construction works. iv. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the agreed measures to decontaminate the site shall be fully implemented as approved by the Council as Planning Authority. Validation that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason: To ensure any contamination present on site is satisfactorily remediated. Drainage 13. Notwithstanding the submitted drainage details, and those matters pertaining to drainage that were agreed under 19/01433/AMM, prior to the installation of any drainage works on site, the final technical drainage designs shall be submitted to, and approved in writing by, the Planning Authority in consultation with the Council's Structures and Flooding team. The drainage details as approved shall be carried out in accordance with the agreed scheme and operational prior to bringing into the use of the development. Reason: To ensure the adequate drainage of the site. Roads and Access 14. No more than 200 residential units are permitted to be occupied until such time as a detailed design and specification for the following works has been submitted Page 117 of 274
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to and approved in writing by the Planning Authority in consultation with the Roads Authority and Perth & Kinross Council Structures team: a) new primary road route as shown in application 19/01430/AMM, connecting the site to the new A85 roundabout; and b) new vehicular lade crossing as shown in 19/01430/AMM, connecting to the site. Reason: To ensure that the scale of development does not exceed that assessed by the supporting Transport Assessment and to ensure that the scale of development is commensurate with the infrastructure required to support the development. 15. For clarification, and in association with Condition 16 b) of 21/00383/IPM, no more than 90 residential units or any units in the 'Local Centre' hereby approved shall be occupied until a new active travel lade crossing, as approved in writing, to an agreed design and specification to the satisfaction of the Planning Authority, in consultation with the Perth & Kinross Council Structures team is delivered, connecting to all elements of the occupied site. Reason: To ensure that the scale of development does not exceed that assessed by the supporting Transport Assessment and to ensure that the scale of development is commensurate with the infrastructure required to support the development. 16. No more than 61 residential units within Phase 1A are permitted to be occupied until new vehicular and active travel accesses connecting the site to both Bleachers Way and Phase 1 of the development is provided, to a design and specification approved in writing by the Planning Authority, after consultation with the Perth & Kinross Council Structures team. Reason: To ensure that the scale of development does not exceed that assessed by the supporting Transport Assessment and to ensure that the scale of development is commensurate with the infrastructure required to support the development. 17. Development shall not commence until a detailed Travel Plan aimed at encouraging more sustainable means of travel, has been submitted to and agreed in writing by the Council as Planning Authority. The Travel Plan will have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided (including the provision of new and/or enhanced public transport services), any phasing, the system of management, monitoring, review, reporting and the duration of the Plan. The Travel Plan as agreed shall be fully implemented to the satisfaction of the Council as Planning Authority. Reason: To promote sustainable transport options and to meet advice within National Planning Framework on transport. Page 118 of 274
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18. Prior to commencement of any development on site, the street lighting design must be submitted for the further written agreement of the Council as Planning Authority, in consultation with Perth & Kinross Council's Street Lighting Partnership for the public road network. The scheme shall include details of light spill, brightness of the lighting and the proposed hours of operation for both the public road network and the private areas, and timescales for delivery. The agreed lighting scheme shall be implemented and maintained in full accordance with the agreed scheme. Reason: In the interests of road safety. 19. All road gullies within 500m of a waterbody or Sustainable Urban Drainage System (SUDs) pond shall have wildlife kerbs installed adjacent to the gully. Reason: In the interests of protecting environmental quality and of biodiversity. Core Path 20. The core path which forms part of the construction site must not be obstructed during building works or on completion. Any damage done to the core path and associated signage during building works shall be made good before occupation of the dwellinghouse. Any temporary restrictions to public access required to facilitate works on site must be agreed in writing first with the Access Officer. Reason: In the interests of public access along the core path. Public Transport 21. Prior to the first occupation of the development hereby approved, scheme for the design specification and timing for delivery of public transport infrastructure internally within the development of Phase 1 & Phase 1A, including hard stand areas, bus shelters, poles & flags and any required bus stop road markings, shall be submitted for the written approval of the Council as Planning Authority, in consultation with the Council's Public Transport Unit. The scheme for the approved shall thereafter be implemented in line with the agreed timings. Reason: To ensure that committed sustainable transport measures are delivered on site to an agreed specification 22. Prior to commencement of the development hereby approved, a Public Transport Plan shall be submitted to and approved in writing by the Council as Planning Authority. The submission will confirm the public transport services to be provided and how the contribution funding will be used to provide the services to serve Phase 1, Phase 1A and Phase 1B, along with how the developer will seek to promote the services provided. The scheme shall be implemented in full, prior to the occupation of the 50th dwellinghouse. Page 119 of 274
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Reason: In the interest of providing sustainable and connected travel options for residents and visitors to the development to the wider Perth area. Construction Traffic 23. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: a. restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; b. timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; c. a code of conduct for HGV drivers to allow for queuing traffic to pass; d. arrangements for liaison with the Roads Authority regarding winter maintenance; e. emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; f. arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; g. arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; h. arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; i. details of information signs to inform other road users of construction traffic; j. arrangements to ensure that access for emergency service vehicles are not impeded; k. co-ordination with other significant developments known to use roads affected by construction traffic; l. traffic arrangements in the immediate vicinity of temporary construction compounds; m. the provision and installation of traffic counters at the applicant's expense at locations to be agreed prior to the commencement of construction; n. monitoring, reporting and implementation arrangements; o. arrangements for dealing with non-compliance; and p. details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason: In the interest of proper site management. Page 120 of 274
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Landscaping 24. The detailed landscaping and planting scheme hereby approved shall, with the inclusion of the matters detailed in Condition 23 of this permission, be implemented as part of the site development programme and thereafter maintained. Reason: In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 25. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar size and species. Reason: In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 26. Prior to the completion of the development hereby approved, a scheme confirming the arrangements for handover of the approved Community Pavilion to an end user, shall be agreed between the applicant and the Council. The agreed arrangement shall thereafter be undertaken as approved, subject to any agreed periodic review specified in the scheme. Reason: In order to safeguard and appropriately deliver a community asset in the immediate and long term. Biodiversity 27. The conclusions and recommended action points within the supporting biodiversity survey and Habitats Regulation Survey submitted and hereby approved shall be fully adhered to, respected and undertaken as part of the construction phase of development. Reason: In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 28. Prior to the commencement of development hereby approved, details of the location and specification of the bird nesting bricks or boxes shall be submitted for the further written agreement of the Council as Planning Authority. Thereafter, the bird nesting bricks, or boxes shall be installed in accordance with the agreed details prior to the occupation of the relevant residential unit. 25% of two storey- dwellings should contain a bird nesting brick or box. Reason: In the interests of employing best practice ecology and enhancing biodiversity opportunities. 29. Prior to the commencement of development hereby approved, details of the location and specification of the integrated bat bricks, boxes or tubes shall be Page 121 of 274
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submitted and approved in writing by the Council as Planning Authority. Thereafter, the integrated bat bricks, boxes or tubes shall be installed in accordance with the agreed details prior to the occupation of the relevant residential unit. 25% of two storey-dwellings should contain a bat brick, box or tube. Reason: In the interests of employing best practice ecology and enhancing biodiversity opportunities. 30. Prior to commencement of development hereby approved, a detailed Construction Method Statement (CMS) shall be submitted for written approval to the Council as Planning Authority; ensuring all mitigation measures listed in Section 7 of the Almond Valley- Phase 1 Application Habitats Regulations Appraisal, dated October 2024 are captured. Reason: In order to ensure the development does not impact negatively on the nearby Special Area of Conservation. 31. The conclusions and recommended action points within the Landscape and Biodiversity Management Plan submitted and hereby approved shall be fully adhered to, respected and undertaken as part of the construction phase of development. Reason: To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. Archaeology 32. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) which has been submitted by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Reason: To ensure a programme of archaeological works is carried out to safeguard and record any archaeological remains within the development area. Page 122 of 274
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Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes There is a Section 75 agreement for 21/00383/IPM, which pertains to the wider development. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. 3. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be: • Displayed in a prominent place at or in the vicinity of the site of the development • Readily visible to the public • Printed on durable material. 4. The developer is advised to contact PKHT to discuss terms of reference for work required by Condition 33. 5. The applicant should be advised that in terms of Section 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 6. The applicant is advised that, in terms of Sections 56 of the Roads (Scotland) Act 1984, he/she/they must obtain from the Council, as Roads Authority, consent to Page 123 of 274
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open an existing road or footway prior to the commencement of works. Information on junction types, requirements for Vehicular Access consents (VA1) and application forms are available at www.pkc.gov.uk/vehicleaccess. Advice on the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environmental Protection Agency. 7. Further advice and information regarding installation and specifications of the bus shelter can be obtained from David Rae or Moray Fraser of the Public Transport Unit at publictransport@pkc.gov.uk. 8. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, he/she/they must obtain from the Council, to place, maintain or adjust apparatus in, or under a Road or remove apparatus from a road. Application forms are available at https://www.pkc.gov.uk/article/14916/Road-and-footway-permits. 9. Road drainage may be in the vicinity of the new access and require remedial works. Contact Perth & Kinross Council Road Maintenance Department for further details. 10. The applicant should be advised that in terms of Section 96 of the Roads (Scotland) Act 1984 a road condition survey may be required to be agreed with the Council as Roads Authority prior to the commencement of works. To ensure the public road is reinstated to its present standard. 11. All proposed structures supporting the road, or which the developer is intending the Council adopt, will require technical approval in accordance with the Design Manual for Roads & Bridges standard BD 2/12 (& HD 22/08 where relevant). Bridges and culverts shall also be designed in accordance with the requirements contained within Perth & Kinross Council’s Developers Guidance Note on Flooding & Drainage. The developer is advised to contact Perth & Kinross Council’s Structures & Flooding Team (tel 01738 475000, email structuresplanning@pkc.gov.uk) for further information and prior to commencing designs in order to ensure technical compliance. 12. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot to disturb a protected species. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are severe for noncompliance. 13. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended, it is an offence to remove, damage or destroy the nest of any wild birds while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act. 14. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is Page 124 of 274
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reminded that, under the Wildlife and Countryside Act 1981, as amended (section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 15. The applicant is encouraged to provide access for hedgehogs sheltering, hibernating in, and commuting through the development. Access gaps in wooden fences should be 13cm x 13cm at ground level. Advice and assistance is available from the Tayside Biodiversity Partnership. https://www.taysidebiodiversity.co.uk/information/information-guides-manuals/ 16. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste, including construction phasing. Background Papers: 25 letters of representation Contact Officer: Alex Gudgeon 01738 475337 Date: 29 November 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING Page 125 of 274
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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. 5(1)(iv) Page 131 of 274
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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 Page 132 of 274
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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. Page 133 of 274
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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 Page 134 of 274
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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. Page 135 of 274
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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. Page 136 of 274
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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. Page 137 of 274
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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. Page 138 of 274
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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 Page 139 of 274
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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. Page 140 of 274
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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 Page 141 of 274
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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. Page 142 of 274
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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 Page 143 of 274
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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. 24/361) PROPOSAL: Erection of 8 dwellinghouses, formation of vehicular access, drainage and associated landscaping LOCATION: Land 30 Metres North East Of Deans Oak, Meikleour Ref. No: 23/01045/FLL Ward No: P5- Strathtay 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, other suitable mechanism or upfront payment will be required to secure contributions for affordable housing. BACKGROUND AND DESCRIPTION OF PROPOSAL 1 Full planning permission is sought for the erection of 8 dwellinghouses, the formation of a vehicular access, drainage and associated landscaping within a greenfield site on the eastern edge and within the settlement boundary of the conservation village of Meikelour. The application site is bound by the A984 Old Military Road to the south, by existing residential properties to the west, a small watercourse and agricultural fields to the east and further grazing land to the north. There are mature trees occupying the southern boundary of the site which form an attractive avenue into the village from the east along with similar mature trees on the south side of the public road. The south, east and north boundaries of the site form the settlement boundary of Meikleour as identified in the Perth and Kinross Local Development Plan 2019. The site is located within the Meikleour Conservation Area. The Meikleour Historic Garden and Designed Landscape is located to the south on the opposite side of the A984. 2 The proposal is to provide accommodation for employees working at the Meikleour Farms and the Meiklour Arms Hotel. A new vehicular access is proposed in the south east corner of the site onto the A984 with four separate buildings proposed on site, each of which will accommodate two dwellings. Units 1-4 are proposed within two buildings, each with a rectangular footprint fronting onto the A984. These will be access from the rear (north) with parking 5(2)(i) Page 149 of 274
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provided to the north also. Each of these units is to be a single bedroom dwelling with a kitchen, lounge and bathroom. 3 The access extends to the north where two further buildings are proposed each with a "U" shaped footprint, which will accommodate units 5-8. These are laid out in a courtyard fashion with parking proposed to the front of each building. Each unit is proposed to accommodate two bedrooms, lounge/kitchen, bathroom and en-suite. 4 The buildings are proposed to have a relatively simple hipped roof, single storey design with a slate roof and white wet dash render walls and white timber framed windows. 5 A footway connection is proposed to provide connectivity through the site linking to the eastern end of "The Row". 6 This application is the re-submission of a previously refused application for the erection of 4 dwellinghouses (22/00738/FLL). This previous application was refused due to the lack of a tree and ecology survey, inadequate visibility splays at the access onto the public road and inappropriate detailed design and layout. SITE HISTORY 7 22/00738/FLL Full Planning Permission was refused on 24 November 2022 for the erection of 4 dwellinghouses PRE-APPLICATION CONSULTATION 8 Pre application Reference: None. DEVELOPMENT PLAN 9 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 10 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. 11 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 3: Biodiversity Page 150 of 274
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• 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 • Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 16: Quality Homes • Policy 17: Rural Homes • Policy 22: Flood Risk and Water Management • Policy 23: Health and Safety Perth and Kinross Local Development Plan 2019 12 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. 13 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 6: Settlement Boundaries • Policy 15: Public Access • Policy 17: Residential Areas • Policy 20: Affordable Housing • Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments • Policy 28A: Conservation Areas: New Development • Policy 29: Gardens and Designed Landscapes • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 52: New Development and Flooding • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 14 • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Page 151 of 274
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• Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) PKC NON STATUTORY GUIDANCE 15 • Planning Guidance - Planning & Biodiversity • Conservation areas • Supplementary Guidance - Renewable & Low Carbon Energy (draft) NATIONAL GUIDANCE 16 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 17 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 18 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 19 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. Page 152 of 274
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National Roads Development Guide 2014 20 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 21 As part of the planning application process the following bodies were consulted: External 22 Scottish Water – no objection. 23 SEPA – initial objection on flood risk now addressed after submission of Flood Risk Assessment and clarification on site levels. 24 Perth and Kinross Heritage Trust – there is potential for archaeological remains on the site and therefore a condition is recommended to ensure an archaeological investigation is carried out. Internal 25 Biodiversity/Tree Officer – the Ecological Impact Assessment is considered to be sufficient to address ecological matters on the site and the mitigation and enhancement measures contained within should be secured by condition. Following submission of additional information the proposal is considered to protect the existing trees on site appropriately. 26 Structures and Flooding – Flood Risk Assessment and drainage details requested – now considered to be sufficient to demonstrate that the site is not at risk from flooding 27 Transportation and Development – the access and parking arrangements are considered to be acceptable and conditions are recommended to ensure the provision of rural bus boarders, footway connection, visibility splays and street lighting. 28 Environmental Health (Noise Odour) – no objection subject to condition regarding plant noise from air source heat pumps (ASHP) and an informative relating to the use of stoves. 29 Development Contributions Officer – no developer contributions are required. 30 Communities Housing Strategy – no comments. Page 153 of 274
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31 Affordable Housing Enabler – following discussions with the developer and the nature of the development proposed it was considered that a commuted sum towards affordable housing provision on this site was acceptable. 32 Community Waste Advisor - Environment Service – no objection. REPRESENTATIONS 33 Twelve representations were received. The main issues raised within the representations are: • Estate has occupied existing buildings with holiday lets • Tree felling • Impact on sewer and water infrastructure • Road safety concerns • Ecological impacts • Contrary to Development Plan • Inappropriate density • Over intensive development • Impact on residential amenity • Noise pollution • Light pollution • Occupancy • Overshadowing • Flood risk • Drainage impact • Landscape maintenance • Impact on Conservation Area 34 These issues are addressed in the Appraisal section of the report. ADDITIONAL STATEMENTS 35 Screening Opinion EIA not required (see planning portal) Environmental Impact Assessment (EIA): Environmental Report Not required 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 Ecological Impact Assessment Flood Risk Assessment Drainage Assessment Tree Survey Arboricultural Method Statement Page 154 of 274
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APPRAISAL 36 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, as outlined above. 37 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. Policy Appraisal 38 The site forms part of a larger paddock area which has been identified within the current Perth & Kinross Local Development Plan 2019 (LDP2) as a potential opportunity to create a small extension to the village. The application site is identified as "white land" within the plan where Policy 17 applies. This states that infill residential development will be appropriate subject to new development reflecting the character, layout and amenity of the area. Policies 1A and B echoes this and states that new development should complement its surroundings in terms of form, appearance, height, scale, massing, materials, finishes and colours, amongst other criteria. 39 Policy 14 Design, Quality and Place, 16: Quality Homes of National Planning Framework 4 (NPF4) are also applicable in this case. 40 The general principle of residential development on this site is therefore acceptable and the proposal and is considered to accord with Policy 17 of the LDP2 and 14 and 16 of NPF4. An assessment of the design and layout is provided below. Given the principle of residential development on this site is acceptable and the site has been identified within the Development Plan for a small extension to the village, it is not considered to be necessary to restrict occupancy to staff accommodation only as is suggested in letters of representation. Page 155 of 274
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Design and Layout and Cultural Heritage 41 The site is located within the Meikleour Conservation Area and therefore all physical works should ensure that they respect the character and appearance of the Conservation Area, as required by Policy 28A. Policy 7(e) of NPF4 is also applicable which seeks to ensure similar. 42 Policies 1A and 1B Placemaking are also of relevance. These policies require proposals to contribute positively to the surrounding built and natural environment and to respect the character and amenity of the place. Policy 14 of NPF4 is also applicable and seeks to deliver well designed development and apply the 'place principle'. 43 The character of Meiklelour Conservation Village involves generally detached and semi detached properties clustered around the A984. There are a mixture of single storey and storey and half properties within the village. Finishing materials are generally stone or harled walls and slate roofs. 44 The proposal now occupies the entire field within the settlement boundary, rather than only the western half as proposed in the previously refused application. This is considered to provide a holistic approach to the development of the site, extending the village into the entire field to the edge of the settlement boundary. The proposed layout takes account of the existing tree resource on the site which is considered to be a key component of the Conservation Area. The proposal also fronts units 1-4 onto the A984 reflecting the established character of the village and the established building line along the A984. The scale and size of each plot is considered to reflect the density levels within the village and therefore the number of units reflects the established character of the village as required by policy. 45 The proposal involves the removal of a 50m length of an existing hedge along the southern boundary of the site to accommodate the vehicular access. This is considered to be appropriate as this is the only logical area to accommodate a vehicular access onto the public road. This is compensated for via the planting of additional hedging within the site and full details of the species and density of this planting have been submitted with the application. The planting of this hedging and its ongoing maintenance will be secured by condition (Condition 5). 46 The provision of a link to the north also provides connectivity through the site for pedestrians and cyclists which is also a requirement of NPF4. A condition is recommended to ensure this is provided as part of the site development (Conditions 3 and 4). 47 The layout ensures the retention of the important mature trees along the southern boundary and elsewhere, ensuring the retention of the tree avenue on the approach into the conservation village. Page 156 of 274
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48 The buildings are each to be 5.2m in height, all single storey which again reflects the existing, scale and built form within the village. The finishing materials include a slate roof and white wet dash render on the walls. Windows and doors are proposed to be white timber frames. The materials reflect the character of other properties within the Conservation Area. 49 The proposal is considered to be an appropriate small scale addition to the village within a site which has been specifically identified for additional development in the LDP2. The proposed layout and design of the houses is considered to reflect the character and amenity of the area and is considered to preserve and enhance the character and appearance of the Meiklelour Conservation Area and therefore complies with the criteria outlined in policies 1A, 1B, 17 and 28A of the LDP2 and the associated SG and Policies 7(e), 14 and 16 of NPF4. Residential Amenity Impacts on adjoining properties 50 The formation of residential development has the potential to result in overlooking and overshadowing to neighbouring dwellings and garden ground. There is a need to secure privacy for all the parties to the development those who would live in the new dwellings, those that live in the existing house and those that live in adjoining dwellings. Planning control has a duty to future occupiers not to create situations of potential conflict between neighbours. 51 The Council's guidance generally seeks to ensure there is a minimum distance of 9m from windows to boundaries in order to mitigate overlooking from new development. The west facing elevations of units 5-6 are located 12.6m from the site boundary which is considered to be a sufficient distance to mitigate overlooking to neighbours. Furthermore, there are no windows proposed on the west facing elevation of unit 4. Hedging is also proposed along the site boundaries which will provide screening. The proposal is not considered to result in any overlooking to neighbours. 52 The provision of a footpath link to the north of the site is not considered to be of any significant detriment to the amenity of neighbouring properties. It is appreciated that the link will result in a degree of activity in a location where currently little exists, but this is not considered to be of a level which would of significant detriment to existing amenity levels. 53 Each house is proposed to be fitted with an air source heat pump (ASHP). Environmental Health have reviewed the ASHP’s which are proposed and have recommended a condition to control the noise from these. (Condition 15). Page 157 of 274
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Daylight/Overshadowing 54 Although overshadowing is not a matter specifically referred to in governmental guidance, the protection of neighbouring developments from unreasonable loss of light is a well-established proper planning consideration. 55 The Council's adopted Supplementary Guidance relating to Placemaking includes specific information on how the issue of overshadowing can be assessed. This is known as the 25 degrees rule. Any proposed development should maintain and allow for a reasonable amount of natural daylight to the internal living space of neighbouring residential properties. Established practise determines that 25 degrees is a suitable maximum obstruction path which should be afforded directly to a front or rear aspect. In this instance the proposal is not considered to result in overshadowing to neighbours. Private Amenity Space 56 The extent in which private amenity space is used relates specifically to the dwellings occupant. It is therefore particularly difficult to forecast the extent of garden ground required and ultimately overtime this will change with any new inhabitant. Nevertheless, it is important to seek an outside area that can perform the minimum to be expected of a garden i.e. clothes drying, dustbin storage and sitting out. The site is considered to be of sufficient scale to accommodate appropriate garden ground for the dwellings. Ecology 57 Policy 41 of the LDP2 states that the Council will seek to protect and enhance all wildlife and habitats, whether formally designated or not, considering natural processes in the area. Policy 3 of NPF4 contains similar requirements. Planning permission will not be granted for development likely to have an adverse effect on protected species unless clear evidence can be provided that the ecological impacts can be satisfactorily mitigated. 58 An Ecological Impact Assessment has been submitted and confirms the presence of a non-breeding bat roost in one poplar tree (T7). It is proposed that erecting Heras fencing around the tree located 18m from the development will prevent disturbance to the bat roost. If disturbance is considered likely, a licence should be sought from NatureScot. 59 The submitted Ecological Impact Assessment contains sufficient information for the Planning Authority to be satisfied that all three license tests are likely to be met. The same tests need to be passed in order for NatureScot to issue a licence. The mitigation measures and recommendations contained within the Ecological Impact Assessment are considered to be acceptable following assessment by the Council’s Biodiversity Officer and can be secured via condition (Condition 6). Page 158 of 274
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Breeding Birds 60 For all wild bird species in Great Britain, it is an offence to intentionally or recklessly kill, injure or take a bird; take, damage, destroy or interfere with a nest of any bird while it is in use or being built; or obstruct or prevent any bird from using its nest. Clearance of vegetation should not take place during the bird breeding season between 1st March and 31st August inclusive and an informative advising the developer of this is recommended. Biodiversity Enhancement 61 NPF4 requires planning applications to include appropriate measures for biodiversity enhancement that are proportionate to the nature and scale of the development. Measures have been provided in the submitted Ecological Impact Assessment including 420m of native hedgerow (some of this is to compensate for the loss of 50m of hedgerow to allow this development to proceed). Plus, 10 bat boxes suitable for summer roosting bats such as pipistrelle and brown long- eared bat (e.g. Schwegler 2F or similar) are proposed to be affixed to suitable nearby mature trees within 50 m of the site. It is a preference that bat bricks are integrated into buildings rather than on trees and this can be secured via condition (Condition 7). 62 The proposal, subject to the above conditions, is therefore considered to comply with Policy 3 of NPF4 and Policy 41 of the LDP2 in regard to ecology and bio diversity enhancement. Trees 63 The Council will apply the principles of the Scottish Government Policy on Control of Woodland Removal and there will be a presumption in favour of protecting woodland resources. Where the loss of woodland is unavoidable, mitigation measures in the form of compensatory planting will be required. This is outlined within Policy 40B of the LDP2 and NPF4 Policy 6(a). 64 As outlined above there are a number of mature trees on this site, all of which contribute to the character and appearance of the Meikleour Conservation Area. 65 A Tree Survey accompanies the application together with an Arboricultural Method Statement and Tree Protection Plan. There are 21 trees and 2 hedgerows present on the site. Six of these trees have been identified as Category U (unsuitable for retention with a life expectancy of less than 10 years). These are all European ash on the eastern boundary of the site and are suffering from ash die back and are therefore recommended for felling. The remaining trees are identified as category B and C (moderate quality). A single oak tree (377) and hedgerow (H1) are proposed for removal/felling to accommodate the new access and visibility splays. All other trees and hedgerows within the site are to be retained. They are to be protected during construction operations as demonstrated within the method statement and tree protection plan. This Page 159 of 274
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information has been accepted by the Council's Enforcement Officer (Trees) and a condition is recommended to ensure these are adhered to (Condition 8). 66 The road verge along the north side of the A987 is to be retained with no footway being provided along the A984 to avoid any works within this area which would impact on the root protection areas of the mature trees along this boundary. A pedestrian link into the village is provided to the north. 67 A condition is recommended to ensure the planting of an oak tree to compensate for the loss of the oak at the site access (Condition 9). 68 The proposal therefore retains the vast majority of the important tree resource on the site, respecting the character of the Conservation Area and compensatory planting is provided for any loss. This is therefore considered to accord with Policy 40B of the LDP2 and NPF4 Policy 6(a). Drainage 69 Policy 53B of the LDP2 and Policy 22 of NPF4 requires new development to be served by a private drainage system where there is no public system available. 70 Surface water drainage requires to be collected via a SUDS system as required by Policy 53C and Policy 22(c) of the LDP2. In this instance roof run off is to be conveyed via rainwater pipes to an "Enhanced swale". The internal access road is proposed to be graded away from the proposed buildings towards the swale to allow run off. Controlled discharge from the swale system with be provided at the pre-development greenfield run off rate. The proposed arrangements are considered to be acceptable for the purposes of assessing this planning application and the detailed design of the surface water drainage system can be secured via the building warrant process. The ongoing maintenance of the surface water drainage will lie with the applicant or subsequent owners/factors. 71 There are no public sewers in the vicinity of the site. Waste water drainage is proposed via a secondary treatment plan discharging to a Reed Bed. A CAR Licence will be required from SEPA to enable discharge into the watercourse and an informative note is applied to advise the developer of this. 72 The submitted drainage assessment also includes appropriate construction drainage management including silt and sediment mitigation together with management of concrete, oils and fuels. 73 The arrangements are considered to be acceptable and meet the requirements of Policy 52 of the LDP2 and 22 of NPF4. Flood Risk 74 Policy 52 of the LDP2 and Policy 22 of NPF4 promote flood avoidance. A Flood Risk Assessment accompanies the application given the presence of a Page 160 of 274
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burn/watercourse which runs south to north along the eastern boundary of the application site. The burn is culverted under the A984 to the south east of the site. The site is not identified to be at risk from flooding according to SEPA flood maps but SEPA and the Council’s Flood Team had initially submitted a holding objection due to the potential flood risk and the lack of a Flood Risk Assessment (FRA). Following this an FRA was submitted. 75 The FRA has considered the impact of the burn/watercourse and information has been provided from the applicant's consultant regarding the topography of the site, hydrological flow of the watercourse and other matters. There have been some minor alterations to levels at the access into the site to provide a preferential flow route. The information submitted is considered to be sufficient to demonstrate that the site will not be at risk from flooding and will not increase the risk of flooding elsewhere. SEPA and the Council's Flood Team have withdrawn their objection. The proposal therefore accords with Policy 52 of the LDP2 and 22 of NPF4. Traffic and Access 76 Policy 60B of LDP2 and Policy 13 of NPF4 seeks safe access, egress and appropriate car parking and to encourage the use of sustainable transport. 77 There is sufficient car parking provided on the site for the scale of development proposed (4 x 1 bedroom units and 4 x 2 bedroom units). There is also two visitor parking bays and a service bay. 78 Access into the site is proposed at the south east corner with visibility splays indicated. A condition is recommended to ensure delivery of the visibility splays (Condition 12). 79 The proposed bin store next to the access must have a sealed surface to allow bins to be transferred for collection. This can be secured via condition (Condition 10). 80 The internal site will remain private and will not be maintained by the Council nor is it suitable for future adoption. 81 A condition is recommended to ensure delivery of a street lighting design along the A984 (Condition 11) 82 As referenced above, a condition is also recommended to ensure delivery of the footway connection to the north during the development and to ensure it is available for use prior to occupation of any of the dwellinghouses. The condition will also ensure it is appropriately maintained (Condition 3 and 4). 83 To facilitate access to public transport, the applicant is proposing to provide a rural bus boarder to east of the vehicular access. A footway link shall be provided from the bellmouth of the vehicle access to the rural bus boarder, with 3 Page 161 of 274
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metre bus stop pole and flag. This can be secured via condition. A rural bus boarder is also required on the opposite side of the road and a condition is recommended to secure this with dropped kerbs to allow for crossing. Its location must also respect the existing trees and hedges on the opposite side of the road and this should be addressed in the detailed design (Condition 10). Affordable Housing 84 The Council's Affordable Housing Policy and Supplementary Guidance requires that residential developments consisting of 5 or more units should include provision of an affordable housing contribution amounting to an equivalent of 25% of the total number of units proposed. There is a sequential approach to delivery which seeks to ensure on site delivery where possible. In this instance the units are small scale and are proposed principally as staff accommodation and the developer was asked to demonstrate why a commuted sum rather than on site provision was appropriate for this site following discussions with the Council's Affordable Housing Officer. The submission indicates that the ambition of the developer (The Meikleour Trust) is to deliver their own residential accommodation primarily due to challenges associated with attracting and retaining essential workers to this rural area. The limited availability of suitable and affordable housing in the area limits the ability of the Trust to secure the workforce necessary for their current operations and to support long term ambitions in sectors including agriculture, forestry, sporting activities and tourist accommodation including the Meikleour Arms Hotel and Restaurant. 85 In this case a viability statement is not considered to be an appropriate means to justify a commuted sum rather than on site provision but a planning statement has been submitted which demonstrates that the site will meet existing and future workforce requirements and the accommodation will diversify the supply of housing in the rural area. The proposal will deliver essential worker accommodation meeting the requirements of Policy 16 Quality Homes of NPF4 and Policy 8: Rural Diversification of LDP2. The proposal will ensure delivery of the above but the applicant also intends to provide a commuted sum towards affordable housing provision elsewhere of the full amount. The site is within the Strathmore Housing Market Area where the commuted sum per unit is £20,500. There are a total of 8 units. 25% of 8 = 2. Therefore, the total commuted sum required is 2 x £20,500 = £41,000. The applicant has advised that they intend to pay the commuted sum upfront. 86 The Council's Affordable Housing Officer has accepted that a commuted sum for this particular site, given the nature of the development proposed is considered to be acceptable. Developer Contributions 87 The Council Developer Contributions Supplementary Guidance requires a financial contribution towards increased primary school capacity in areas where a primary school capacity constraint has been identified. A capacity constraint is Page 162 of 274
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defined as where a primary school is operating at over 80% and is likely to be operating following completion of the proposed development, extant planning permissions and Local Development Plan allocations, at or above 100% of total capacity. 88 Four of the eight properties are one-bedroomed which do not require assessment for development contributions. 89 This proposal is within the catchment of Glendelvine Primary School. Education & Children's Services have no capacity concerns in this catchment area at this time. Therefore, there is no developer contribution requirement for this site. Archaeology 90 The site lies within an area which is considered to be archaeologically sensitive and therefore in accordance with the requirements of Policy 26 of the LDP2 and Policy 7 of NPF4 an archaeological investigation is required as recommended by Perth and Kinross Heritage Trust. This can be secured by condition (Condition 14). Waste Collection 91 Waste is proposed to be collected from the entrance to the site and PKC Waste Services have confirmed agreement to this. A bin storage area is proposed on the site. Light Pollution 92 It is accepted that there will be a degree of light pollution from the development but this will be seen in context with existing lighting from the village. The settlement boundary within the LDP2 has been formed to enable a small scale extension to the village and therefore the lighting associated with this is considered to be acceptable. Low and Zero Carbon Generating Technologies 93 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 properties are to be fitted with air source heat pumps (ASHP) which will meet and exceed building standards requirements. The proposal therefore complies with the relevant policies. Page 163 of 274
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Economic Impact 94 There is likely to be a degree of economic benefit associated with this proposal given that the housing is proposed to be occupied by staff associated with the operation of the estate as referenced above. VARIATION OF APPLICATION UNDER SECTION 32A 95 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 updates to the information regarding flood risk to address SEPA and the Council’s Flooding Team comments. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 96 A Section 75 Legal Agreement, other suitable mechanism, or upfront payment will be required to secure contributions for affordable housing. CONCLUSION AND REASONS FOR RECOMMENDATION 97 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. Reason: To ensure the development is carried out in accordance with the approved drawings and documents. Page 164 of 274
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3. Prior to the occupation of any dwellinghouse approved as part of this permission, the pedestrian route from the north of the site shall be constructed and provided with dropped kerbs within the development, to permit easy access for pedestrians with prams and wheelchairs. The kerb upstands at the dropped kerbs shall range from 0 mm to 10 mm at these locations. The pedestrian route shall connect into the development site with a flush surface all to the satisfaction of the Council as Planning Authority. Reason: In the interests of pedestrian and traffic safety. 4. The footway link to the north of the site shall be retained and maintained in perpetuity to the satisfaction of the Council as Planning Authority. Reason: In the interests of visual and residential amenity and to ensure ongoing permeability through the site. 5. The detailed landscaping and planting scheme which is hereby approved shall be completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The approved scheme shall thereafter be maintained to the satisfaction of the Council as Planning Authority, with any planting which fails 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; to ensure a satisfactory standard of local environmental quality. 6. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document 25 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development, to the satisfaction of the Council as Planning Authority. Reason: In the interests of protecting environmental quality and of biodiversity. 7. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, 10 bat bricks shall be integrated into the new buildings and 10 nest cups for swallows/house martens shall be provided on the new buildings in line with the recommendations in the supporting biodiversity survey submitted and hereby approved. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. Reason: In the interests of protecting environmental quality and of biodiversity. 8. 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 Page 165 of 274
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Relation to Design, Demolition and Construction. The protection measures shall adhere to the Tree Protection Plan hereby approved (document ref: 32). Protection measures, once in place, shall remain in place for the duration of construction. Reason: To ensure the protection of retained trees and hedges during construction operations. 9. Prior to the commencement of any development on site, details of the location and specification of a replacement oak tree on site to compensate for the loss of the oak tree at the vehicular access into the site shall be submitted to and subsequently approved in writing by the Planning Authority. The replacement oak tree as subsequently approved shall be planted within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The scheme as agreed and implemented shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Should the oak tree fail to become established within five years it shall be replaced in the following planting season with another oak tree to the satisfaction of the Council as Planning Authority. Reason: In the interests of visual amenity and to ensure the replacement of the felled oak tree. 10. Prior to the commencement of any development, a detailed design showing the vehicle access onto A984 with the following shall be submitted to and subsequently approved in writing by the Planning Authority. a. Rural Bus Boarder on the roadside on the frontage of the development provided with bus stop pole and flag; b. Rural Bus Boarder on the roadside opposite the development provided with bus stop pole and flag whilst respecting the root protection areas of trees and re-aligning and re-planting the existing hedge. c. A footway link from the bellmouth of the vehicle access to the bus boarder on frontage of the development; and d. Dropped kerbs linking the bus boarder on the opposite side of the road with the footway, e. Provision of a sealed surface at the bin store area to allow bins to be transferred for collection. The Rural Bus Boarders shall adhere to Perth & Kinross Council's Road Development Guide, Rural Bus Boarder. Dropped kerbs shall be provided on both sides of the road. The scheme, as subsequently approved in writing, shall thereafter be implemented in full, to the satisfaction of the Council as Planning Authority prior to occupation of the first dwellinghouse. Page 166 of 274
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Reason: In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 11. Prior to the commencement of any development, a detailed design showing the streetlighting design encompassing the vehicle access of the development shall be submitted to and subsequently approved in writing by the Planning Authority, in consultation with Perth & Kinross Council's Street Lighting Partnership. The scheme shall include details for the speed limit signs, light spill, brightness of the lighting and the proposed hours of operation. The agreed lighting scheme shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority prior to occupation of the first dwellinghouse. Reason: In the interests of road safety. 12. Prior to the commencement of any development, full visibility splays of 65 metres to the left of the access and full visibility splays of 43 metres to the right along the channel line shall be provided 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 to the satisfaction of the Planning 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 an acceptable standard of construction within the public road boundary. 13. No development in connection with the permission hereby granted shall commence unless the vehicular access has been provided and surfaced in accordance with Perth & 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 of the development from the public road to incorporate the full frontage of the bin storage area. Reason: In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 14. 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 Page 167 of 274
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as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Reason: To ensure a programme of archaeological works is carried out to safeguard and record any archaeological remains within the development area. 15. 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 the interests of residential amenity. 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 The permission should not be issued until the Affordable Housing Commuted Sum has been paid in full. 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. No work shall be commenced until an application for building warrant has been submitted and approved. 4. 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 Page 168 of 274
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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. 5. 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. 6. Application for a new postal address should be made via the Street Naming and Numbering page on the Perth & Kinross Council website at www.pkc.gov.uk/snn. Please note there is a charge for this service and submission cannot be made until the relevant Building Warrant has been approved. 7. 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. 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. 8. Engineering activities in the water environment may require authorisation under The Water Environment (Controlled Activities) (Scotland) Regulations 2011 (as amended) (CAR). Details of regulatory requirements and good practice advice can be found at https://www.sepa.org.uk/regulations/ 9. 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. 10. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, he/she/they must obtain from the Council, to place, maintain or adjust apparatus in, or under a Road or remove apparatus from a Page 169 of 274
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road. Application forms are available at https://www.pkc.gov.uk/article/14916/Road-and-footway-permits. 11. Further advice and information regarding installation of the rural bus boarders can be obtained from David Rae or Moray Fraser of the Public Transport Unit at publictransport@pkc.gov.uk 12. The approved stove system shall be installed and thereafter operated and maintained in accordance with the manufacturer’s recommendations, such that smoke is not exhausted into or escape into any neighbouring dwellings. Failure to do so may result in an investigation and possible action by Environmental Health under the Environmental Protection Act 1990. Background Papers: 12 letters of representation Contact Officer: John Williamson Date: 29 November 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING Page 170 of 274
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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. 5(2)(ii) Page 175 of 274
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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 Page 176 of 274
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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) Page 177 of 274
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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. Page 178 of 274
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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. Page 179 of 274
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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 Page 180 of 274
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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, Page 181 of 274
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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 Page 182 of 274
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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 Page 183 of 274
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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. Page 184 of 274
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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, Page 185 of 274
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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. Page 186 of 274
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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. Page 187 of 274
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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 Page 188 of 274
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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. Page 189 of 274
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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. Page 190 of 274
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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. Page 191 of 274
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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 Page 192 of 274
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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. 24/363) PROPOSAL: Erection of dwellinghouse, workshop/ancillary accommodation, and associated works LOCATION: Land 50 Metres South West Of Russaig House, Errol Ref. No: 24/00374/FLL Ward No: P1- Carse Of Gowrie Summary This report recommends approval of a detailed planning application for a change of house type and the erection of a new ancillary accommodation/workshop building on a rural site outside of Errol 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 This planning application seeks to obtain detailed planning permission for the erection of a dwelling and an associated ancillary accommodation / workshop on a site located on the northern bank of the River Tay at ‘Seasyde’ - a small residential hamlet outside of Errol which comprises a mix of traditional buildings (some listed) and more recent newly built properties. 2 Detailed planning permission had previously existed on the site for a dwelling that would have offered living accommodation over two full levels, and this application proposes to amend the design of dwelling, amend its location on the plot and to include an ancillary building which will be used as a domestic workshop, and ancillary accommodation directly associated with the main dwelling. 3 The amended design is a contemporary design which will offer living accommodation mostly over two full levels with an irregular shaped roof design over a rectangular floor plan. A first floor level terraced balcony is the focal point of the amended design and this would offers long views to the south towards to the River Tay. The position of the dwelling has been moved closer the River Tay (south) from the position of the previous approval on the site. During the course of the assessment of the current application the applicant opted to move the 5(2)(iii) Page 197 of 274
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dwelling and the ancillary back into the site to try and reduce the impact on the neighbour immediately to the west and the final position is shown on Plan No 9. 4 The ancillary building will be positioned at right angles to the main house creating a ‘L’ shaped relationship between the two buildings. The ancillary building has a rectangular shaped floor area, and will offer two levels of accommodation. The workshop element would have a void space, with the ancillary accommodation element accommodation split over two levels with the upper level within the roofspace. The workshop is proposed for the applicant’s own personal use (carpentry) and the applicant has confirmed that the accommodation would only be for extended family members and friends to use and will not be used as separate dwelling or a short term let/holiday accommodation. The external finishes of both proposed buildings comprise a mix of smooth render and timber cladding, with metal roofing material. 5 Vehicular access to the site is via a long private access which is surfaced. Drainage arrangements will all be private, and the design principles of these have already agreed via the terms of the earlier approvals within the area. 6 At the southwestern corner of the site is an unauthorised garden room which has recently been sited. At the same time as amending the location of the buildings, the applicant took the opportunity to include details of this outbuilding within the current planning application to regulate the development. PROCEDURAL MATTER 7 The applicant opted to amend the planning application during the assessment of it by moving the buildings slightly north and also to include the garden room. Notwithstanding the minor nature of the locational change and the addition of the garden room, in order to ensure that all interested parties had a reasonable opportunity to make either amended or new comments, the Council wrote to all those who were notifiable neighbours and those who had initially commented on the initial proposal. However, in practice the proposed changes only directly affected the two immediately adjacent neighbours. SITE HISTORY 8 The wider site has an extensive planning history of various applications relating to new residential development. In relation to this particular site, the most relevant recent planning application was 19/00862/FLL which granted a detailed planning permission for a new dwelling. 9 That permission appears to have expired with no obvious record of either the pre-commencement conditions being addressed, or a formal verification issued by the Council that a material start as per Section 27 of the Act was made within the prescribed timeline. This current application is essentially looking to re- establish the residential use on the site, to alter the design and location from previously approved and to introduce an ancillary building. Page 198 of 274
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ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 10 This proposal be below the threshold which requires EIA screening. PRE-APPLICATION CONSULTATION 11 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 12 The Development Plan for the area comprises National Planning Framework 4, Perth and Kinross Local Development Plan 2 (2019) and statutory supplementary planning guidance (SPG). National Planning Framework 4 13 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. 14 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 9 – Brownfield, vacant and derelict land and empty buildings • Policy 14 – Design, quality and place • Policy 16 – Quality Homes • Policy 17 – Rural Homes • Policy 22 – Flood Risk management Perth and Kinross Local Development Plan 2 (2019) 15 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. Page 199 of 274
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16 The site is located within the landward area, and close to the environmentally sensitive River Tay. The following policies are therefore relevant to this proposal, • Policy 1 – Placemaking • Policy 5 – Developer Contributions • Policy 19 – Housing in the Countryside • Policy 38 – Environmental Designations • Policy 41 – Biodiversity • Policy 47 – River Tay Catchment Area • Policy 56 – Noise • Policy 58 – Contaminated Land • Policy 60 – Transport Standards Statutory Supplementary Planning Guidance 17 The following statutory SPG are applicable to this proposal, • Developer Contributions & Affordable Housing (adopted in 2023) • Flood Risk and Flood Risk Assessments (adopted in 2021) • Housing in the Countryside (adopted in 2020) • Placemaking (adopted in 2020) OTHER PKC GUIDANCE Non-statutory Planning Guidance 18 The following non-statutory guidance is applicable to this proposal, • Planning and Nature • Ancillary & Annex Accommodation NATIONAL PLANNING GUIDANCE 19 The Scottish Government expresses its planning policies through Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 20 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 Page 200 of 274
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National Roads Development Guide 2014 21 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 22 As part of the planning application process the following bodies were consulted: External 23 Scottish Water – No objection. 24 Structures and Flooding – No objection to the proposal in relation to flood risk, but some recommendations made. 25 Paragon Skydiving Club – No response received. 26 NatureScot – No objection to the proposal subject to consideration of their comments in relation to the environmental assets associated with the River Tay. Internal 27 Environmental Health – No objection in terms of noise from uses and plant, or contaminated land subject to compliance conditions being attached to the permission. 28 Development Contributions Officer – No developer contributions required as they have previously been paid, and not returned 29 Transportation and Development – No objection to the proposal in terms of all road related matters, subject to some clarification on the means of servicing the private drainage systems. REPRESENTATIONS 30 Over the two rounds of notification, a total of seven letters of representations have been received, of which all are objecting to the proposal. The main issues raised within the representations are: • Contrary to the Development Plan • Inappropriate design and impact on visual amenity • Impact in residential amenity • Road safety concerns • Noise concerns regarding the workshop Page 201 of 274
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31 These issues are addressed in the Appraisal section of the report. 32 Within the representations, a number of queries over the applicants’ legal rights to build a house in the position suggested (both as initially proposed and as amended) and the extra ancillary unit have been raised. These focus on whether or not the applicant has the appropriate legal vehicular access rights for ‘two buildings’, and that the location of physical build is contrary to specific locational restrictions imposed on the title burdens when the land was divided up for residential plots. 33 Legal restriction and title burdens will obviously have an impact on the ability of applicants to progress without potential legal challenges, but they are not matters to consider as part of this planning application. It is not appropriate for the Planning Authority to adjudicate on legal conflicts or interpretations, as ultimately the grant of any approval would not supersede any legal obligations or restrictions. In addition to this, the potential for the devaluation of existing property values has been raised within the representations. This also is not a material planning consideration. ADDITIONAL STATEMENTS 34 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations AA completed. No impact, subject to mitigation and suitable measures. Any impact would be comparable to that of the previous permissions. Design Statement or Design and Access Statement Design statement submitted Report on Impact or Potential Not required APPRAISAL 35 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 LDP2 and statutory SPGs. 36 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 non-statutory policies and supplementary guidance, as well as consideration of the site’s recent planning history. The latter being a significant material consideration. Page 202 of 274
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Policy 37 In terms of land use, there are relevant policies contained in all parts of the Development Plan. 38 In terms of the NPF4, Policies 1 (Tackling the climate and nature crises) and 2 (Climate mitigation and adaptation) both look to ensure that all developments consider climate change and the effect that they may have on the environment. Policy 3 (Biodiversity) looks to ensure that biodiversity enhancements are included as part of new developments, and not just mitigation. Policy 4 (Natural Places) looks to protect our environmental assets, whilst Policy 9 (Brownfield, vacant and derelict land and empty buildings) offers support for new development on greenfield land, providing the proposal complies with the relevant LDP policies. Policy 14 (Design, quality and place) looks to ensure that all new developments are of a high design standard, whilst Policy 16 (Quality Homes) looks to promote quality new homes across the country. Policy 17 (Rural Homes) offers support for new homes in the countryside in certain circumstances, whilst Policy 22 (Flood Risk management) looks to ensure that new development is not affected by flood risk and does not create additional flooding off site. 39 In terms of the LDP2, the site is located within the landward area where Policies 1 (Placemaking), 19 (Housing in the Countryside), 38 (Environmental Sites), 41 (Biodiversity), 47 (River Tay Catchment), 56 (Noise) and 60 (Transport Standards) are all directly applicable. 40 Policy 1 looks to ensure that all new developments do not have an adverse impact on the area concerned. Policy 19 is the LDP version of the Housing in the Countryside Policy and needs to be read in conjunction with the associated SPG. Policies 38 and 47 looks to protect environmentally sensitive sites from inappropriate new development, and Policy 47 is specific to the River Tay. Policy 41 looks to protect both local and protected wildlife and their habitats, and to ensure that a full consideration is made during the assessment of planning applications. Policy 56 looks to protect noise sensitive receptors from noisy uses and that suitable mitigation measures are secured and delivered. Policy 60 looks to ensure that all road related matters accord with both the Council’s policy. 41 In terms of SPG, the Council’s policies on Housing in the Countryside, Developer Contributions, Placemaking and Flooding are applicable. Land Use Acceptability 42 Whilst the previous planning permission on this site has expired, the recent timeline of that permission is a significant consideration for the assessment of this current application. The site is a natural infill opportunity between two existing properties, and support for this type of new housing opportunity in the countryside is provided by all parts of the Development Plan. Whilst there has been a significant change in the Development Plan since the 2019 planning Page 203 of 274
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permission was approved via the introduction of the NPF4, there has not been a significant change in policy towards new housing in the countryside in relation to infill sites between two existing homes which are themselves part of a wider building group. It remains the case that when the site is comparable in size to its neighbours, reasonably well contained with natural features and would not result in visual or residential amenity harm to the area then support should be forthcoming. 43 For this proposal, as was the case in 2019, the proposal accord with all these key criteria. 44 In terms of the ancillary accommodation, and the new (domestic) workshop, element neither would be considered a particular alien in a rural context for large homes, and these two separate elements do not raise any issues in principle – subject to controls over their use, and the level of noise generated. The ancillary accommodation is close to the principal dwelling and is of a scale with is ancillary to the main use which are the key principles of the Council’s non-statutory Planning Guidance on Ancillary and Annex Buildings. 45 In terms of the proposed garden room, this is a very small structure which is located within an area previously identified as garden ground. It would have little visual or residential amenity impact on neighbour properties. It also needs to be borne in mind that if the garden room was not approved now its size and location is such that it would be permitted development in ordinarily instances if it was associated with an occupied dwelling. 46 In all, the proposed land uses raise no issues with the Development Plan. Visual Amenity, Design and Layout 47 Within the representations, several of the comments relate to the placement of the dwelling further towards the River Tay from the earlier permission. It has also been suggested that there are specific title restrictions which control the position of any physical build, which do not align with what is proposed (even after the amendment). Whether or not this is the case, any legal restrictions would run entirely separate from a planning application. For the purpose of this planning application, the key test of whether or not the location of the building(s) is acceptable or not is whether it would have an adverse impact on the character and appearance of the existing building group, and whether the residential amenity of the closeness neighbours would be adversely affected. 48 The wider site at Seasyde is spectacular. Since the initial approval of two homes was granted, other planning permissions have been applied for over the years and many subsequently approved, which has meant that the original design principles of the site have been slightly watered down, but there has remained a staggered approach to the position of the dwellings along the edge of the Tay. Page 204 of 274
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49 This proposal will still respect that staggered arrangement, and the position the dwelling has been amended by moving back from almost inline with the property to the west (6m back) to being around 16m back from its frontage, which results in a better relationship with ‘Seabank’ and Russaig House’ – which are either side of the site. This relationship with the existing properties would not result in a development which in particularly incongruous, detrimental to the area or adversely impact on the residential amenity of existing properties. 50 The limited visibility from public areas is also a consideration. The initially submitted proposal would have directly affect some of the views from inside ‘Seabank’ eastwards across the River Tay toward Dundee. Some windows and internal arrangements of Seabank were specifically tailored to try and capture these as much as possible, on the assumption that development on this site would be perhaps further north – an equal point between Seabank and Russaig House. The movement of the dwelling some 20m further back into the site has to some degree addressed this issue, but it does need to be borne in mind that the loss of a personal private view is not a planning consideration. 51 In terms of the ancillary building, and its relationship to the neighbour only two bathrooms face east (one for the workshop and one for the accommodation unit), and one rooflight. This combination would not ordinarily be considered unacceptable in terms of the potential for overlooking. New boundary treatments along this, and the other mutual boundaries would also help to reduce the potential for direct impacts. 52 In terms of the overall design of the dwelling, the three other properties recently built are all of different designs. The design of the current dwelling is perhaps more contemporary than some others, however this alone is not a reason for refusal and the NPF4 does promote innovation designs of a high standard. The proposed finishes are of a high quality, and in this type of location a contemporary style house design is considered to work reasonably well. 53 In all the proposal raises no issues with any of the Placemaking or Design related policies of the Development Plan. Residential Amenity 54 In terms of being able to provide a suitable level of residential amenity for future occupiers of the dwelling, the proposal raises no concerns. The plot is large and there would be a significant level of usable private amenity space for future occupiers of the dwelling to use. 55 In terms of impacting on existing residential properties, on each side of the site are existing properties. With the movement closer to the River Tay than previous planning permissions, the distance to the mutual boundaries has increased slightly from the relationship that the 2019 permission had with the neighbours. The terms of the 2019 permission included specific conditions which looked to Page 205 of 274
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amend the eastern elevation to try and reduce the potential for overlooking to occur. 56 This amended proposal has a slightly different relationship with the neighbours, with windows on the eastern elevation over 20m away from the boundary, and at that distance the potential for unacceptable levels of overlooking or loss of privacy to occur is reduced significantly. It is noted that a balcony feature is proposed, and this area would have a degree of visibility to the east, however it would be at a distance which again would not be considered unreasonable. It would also be the case that any visibility arising from the balcony would be directed to lower portion of the eastern neighbour’s garden with visibility to immediate garden area adjacent to the property largely shielded from vision. 57 To the west, there is a closer relationship between existing and proposed. The garden area of the neighbour is around 14m away from the proposed dwelling, with the dwelling to dwelling separation around 27m. Whilst these distance align with the guidance of the Placemaking Guide, the separation distance of around 14m to the mutual boundary does mean that there is a far closer relationship with the western neighbour, than to the east. 58 14m does meet with the Council’s standards, however in a rural area it would typically be expected that a greater degree of privacy for private amenity space would be delivered. The principal area of interaction that could cause a concern is a large first floor window which serves the main bedroom. Restricting this window to a higher-level window would go some way to reducing the potential for impression of overlooking to the property to the west (Condition 11). Large windows and views would still be available through the principal windows facing south elevation, so this slight amendment would not detract significant to the visual value of the room. Suitable new boundary treatments and planting would also help to reduce interaction at ground level, and this is subject to conditional control (Condition 13). 59 In terms of potential nuisance, there are two areas to consider, the domestic workshop and proposed heat pump systems. In terms of the workshop, the applicant has indicated that the workshop is not to be commercial and will be used for ‘hobby’ carpentry. Domestic power tools are not likely to result in unacceptable levels of noise, but their use can be controlled by a standard compliance condition in relation to noise levels (Condition 9). The proximity of between the workshop and the principal dwelling would also control noise levels, and timings of activities to some degree. 60 In relation to the heat pumps, there is mention to the use of air/ground source heat pumps within the planning submission but limited details on the location of the plant and equipment. In principle, neither system should adversely affect residential amenity if properly installed and suitably sited, and renewable systems for heating is generally encouraged by the Development Plan and Scottish Government climate change ambitions. Conditions are attached which will seek clarification on the means of heating systems, and any approved details Page 206 of 274
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would need to comply with the noise limits condition also (Condition 9). Subject to this, the proposal will align positively with the requirements of Policy 56 of the LDP2. Roads and Access 61 The proposal raises no issues in terms of the means of access to the site, and internal parking and turning provision – both in relation to the principal dwelling, and the associated ancillary accommodation unit. The site is served by a long, surfaced private access and maintenance responsibilities will be a civil matter between the parties involved. Legal rights for an ancillary accommodation unit to be access via the shared access would also be a civil matter. 62 The proposal therefore raises no issues in relation to Policy 60 of the LDP2. Drainage and Flooding 63 The area is served by private drainage, and the principles of acceptable technical details of both the foul drainage and surface have already been approved through the terms of the extant permission, and what has been installed for the other three completed dwellings within the wider site. Nevertheless, for completeness, it is recommended that conditions are attached to ensure that the final details of the proposed drainage arrangements (foul and surface water) are submitted for the further approval in writing by the Council as Planning Authority (Condition 4). Subject to this, the proposal raises no issues with various drainage and flooding related policies across the Development Plan. 64 In terms of flood risk, it has been established previously that the site is outwith an area of flood risk. It is noted that one of the representations has mention that part of private access floods. There is a small area of known surface water flooding identified on the SEPA flood maps just north of Seaside Farm Cottages, and another short area close to the junction with the public road. As the existing private access already serves a number of residential properties, it would be unreasonable for this issue to influence the outcome of this planning application particularly when this issue appears to be historic and already affects a number of other properties. An informative note is however recommended to alter the applicant to the fact that part of the private access may be affected by water at certain times, and they should do their own due diligence over the risks involved. 65 Subject to this, the proposal aligns with the relevant flooding and drainage policies contained within the Development Plan. Waste Collection 66 It is understood that the collection of waste and recycling bins takes place near to the end of the long private access and not at the junction with the public road. To ensure that there is suitable space for the bins associated with this proposal, clarification on the means of bin storage and presentation areas will be sought Page 207 of 274
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via condition. It is however expected it will be similar to the arrangements for the recently constructed new dwellings of Seabank, Russaig House and Carthagena Cedars – who all share the same private vehicular access. Conservation Considerations 67 There are some listed buildings within the area to the east, however this development would not be located within their wider setting. The proposal raises no issues with the relevant cultural heritage policies across the Development Plan. Impact on the River Tay’s Environmental interests 68 The proposal is adjacent to the Firth of Tay and Eden Estuary Special Protection Area (SPA) classified for its breeding marsh harrier and little tern, and its non- breeding bar-tailed godwit, common scoter, cormorant, dunlin, eider, goldeneye, goosander, grey plover, greylag goose, red-breasted merganser, redshank, sanderling, shelduck, velvet scoter and waterfowl assemblage. The proposal is also adjacent to the Firth of Tay and Eden Estuary Special Area of Conservation (SAC) designated for its intertidal sand/mudflats, subtidal sandbanks and estuary habitat as well as its harbour seals. 69 However, there have been a number of previous planning applications in the area over the years and the likely impacts on the designations, habitats and species associated with the River Tay’s environmental assets are known well and understood. Subject to conditional controls over drainage (for pollution issues), construction related pollution, and the timings of certain parts of the development, the impact on the River Tay and its habitats and species can be controlled so that limited impacts occur (Conditions 5, 6 and 7). The Council has carried out an Appropriate Assessment in relation to the impact in the SAC/SPA, and is satisfied that there would be no significant impact on the SAC/SPA. The proposal raises no issues with either the Habitat Regulations, or the various nature conservation policies of the Development Plan. An informative note for the applicant to make contact with Tayside Raptor Group to discuss possible new locations of breeding marsh harrier sites is also recommended. Natural Heritage and Biodiversity 70 As stated above, during the consideration of previous planning applications in the area, it was found that the biodiversity interest in this site and the wider development of the new residential plots would be limited to the impact of new drainage proposals, and potential noise and disturbance to birds associated with the marsh and reed beds areas immediately adjacent to the River Tay. These impacts are all controllable through conditional control and good practice measures, such as the introduction of a CMS. 71 In terms of the biodiversity value on the principal part of the site, away from the reed and marshy edges of the River Tay, the site is largely unkept grass with a Page 208 of 274
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low biodiversity value. However, the NPF4 looks to ensure that all new developments look to provide a degree of betterment and enhancement for biodiversity and in this regard, there will be conditional requirements for 2 bat and bird nest boxes to be sited within the curtilage of the dwelling, and for new planting to take place which is both biodiversity friendly and native species (Condition 14). As no trees will be removed to accommodate the dwelling and the ancillary buildings, the requirement for new tree planting will ensure that there will be an enhancement to biodiversity as opposed to just mitigation measures. Subject to these conditional requirements, the proposal is considered to be inline with the requirements of the biodiversity requirements of the Development Plan. Low and Zero Carbon Generating Technologies 72 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. NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ also requires that development should be designed to reduce green gas emissions. A condition is therefore recommended to ensure that the requirements of Policy 32 of the LDP2 are met (Condition 15). Contaminated Land 73 Previous planning permissions in the area have highlighted the close proximity of the site to a former steading, and the need to ensure that the proposed residential sites are fit for the use proposed. Some technical work has been undertaken previously, for completeness the Council’s standard condition in relation to contaminated land is recommended to ensure that the proper due diligence takes place. Developer Contributions 74 Whilst the previous planning application has expired, the developer contributions paid in relation to that application have not been returned. As this development does not increase the number of residential units, there is no requirement for any additional developer contributions. Economic Impact 75 The proposal would have limited economic impact, and any impact would be limited to the construction phase. VARIATION OF APPLICATION UNDER SECTION 32A 76 None made. Page 209 of 274
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PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 77 None required. DIRECTION BY SCOTTISH MINISTERS 78 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 79 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, the LDP2 and statutory SPG. Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. The proposal is therefore recommended for approval. RECOMMENDATION Approve the application subject to the following conditions: 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. Prior to the commencement of the development hereby approved, details of the specification and colour of all wall and roofing finishes proposed to be used shall be submitted to and approved in writing by the Council as Planning Authority. The approved details shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason: In the interests of protecting the visual amenity of the area Page 210 of 274
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4. Prior to the commencement of any development hereby approved, precise details of the proposed foul drainage arrangement shall be submitted to and approved in writing by the Council as Planning Authority. The approved details shall thereafter be implemented in full. Reason: In order to ensure that the site is adequately drained and that there is no adverse impact on the environmentally interests of the River Tay. 5. Prior to the commencement of the development hereby approved, a timetable for all construction and noise generating construction activities shall be submitted to and approved in writing by the Council as Planning Authority, in consultation with NatureScot. The timing of the construction phase and noise generating construction activities must take into account the breeding season of the bearded tit. The approved timetable shall thereafter be implemented in full. Reason: In order to protect the breeding grounds of a schedule 1 species of the Wildlife and Countryside Act 1981 6. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day. Reason: In the interest of proper site management. 7. Prior to the commencement of the development hereby approved, a detailed Construction Method Statement (CMS) shall be submitted to and approved in writing by the Council as Planning Authority. The CMS must identify measures to prevent harmful materials entering the River Tay SAC, which could reduce water quality and lead to a damaging impact on the salmon, otter and lamprey interests. The CMS should include the following: (a) pollution prevention safeguards including drainage arrangements and the possible use of siltation traps, settlement tanks and bunds (b) storage and disposal of materials including the siting of stock piles, use of buffer strips and disposal methods (c) construction site facilities including extent and location of construction site huts, vehicles, equipment, fuel, chemicals and materials compound (d) timing, duration and phasing of construction particularly in relation to salmon and lamprey migration/spawning. The CMS and mitigations as agreed shall be fully implemented as part of the planning permission. Page 211 of 274
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Reason: In order to protect the environmental interests of the River Tay during the construction phase 8. Prior to the commencement of the development hereby approved, a scheme to deal with contamination on the site shall be submitted to and approved in writing by the Council as Planning Authority. The scheme shall contain details of proposals to deal with contamination to include: I. the nature, extent and type(s) of contamination on the site II. measures to treat/remove contamination to ensure the site is fit for the use III. proposed measures to deal with contamination during construction works IV. condition of the site on completion of decontamination measures Before the dwelling is occupied the measures to decontaminate the site shall be fully implemented as approved by the Council as Planning Authority, and verification of any required mitigation measures submitted. Reason: In order to ensure the site is fit for the used proposed. 9. All plant or equipment associated with any a) ground source heat pumps, b) air source heat pumps and c) machinery within the workshop hall 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 protect existing residential amenity 10. All uses within the ancillary building shall be for directly associated with the principal dwelling. For the avoidance of doubt, this means the workshop shall not be used for any commercial purposes and the accommodation shall not be occupied as the main or sole resident of any occupant and shall only be occupied by friends and family associated with the occupiers of the principal dwelling, and not used for the purposes of a short term let or any other form of holiday accommodation. Reason: In order to clarify the terms of this planning permission. 11. The large window at first floor level on the west elevation serving the main bedroom is not approved. Prior to the commencement of the development hereby approved, a revised elevation and floor plan which shows a high level window which reduces the potential for direct overlooking to Seabank shall be submitted to and approved in writing by the Council as Planning Authority. The approved details shall thereafter be implemented in full with no other alterations permitted to the western elevation thereafter. Reason: In order to protect existing residential amenity. Page 212 of 274
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12. Prior to the commencement of the development hereby approved, precise details of any a) air source heat pump or b) ground source heat pump system shall be submitted to and approved in writing by the Council as Planning Authority. The approved systems shall thereafter be implemented in full, and must comply with the sound requirements listed in Condition 9 of this decision notice. Reason: In order to clarify the terms of this planning permission, and to protect existing residential amenity. 13. Prior to the commencement of the development hereby approved, a detailed scheme which shows all boundary treatments and new tree planting shall be submitted to and approved in writing by the Council as Planning Authority. The details must include new tree planting to provide for biodiversity enhancement, and include species which are both native and biodiversity friendly. All the details shall be implemented in full prior to the first occupation of the dwelling, and any planting which falls to become established within 5 years shall be replaced on a like for like basis within the next available planting season. Reason: In order to protect existing residential amenity, and to provide biodiversity enhancement. 14. Prior to the first occupation of the dwelling, two bat boxes and two bird nesting boxes shall be installed within the curtilage of the dwelling. All the boxes shall be installed and sited in accordance with the requirements of the Scottish Wildlife Trust. After installation, the boxes shall be retained in a usable condition thereafter. Reason: In order to ensure that a biodiversity enhancement is provided. 15. Prior to the commencement of the development hereby approved, a statement which demonstrates how the Proposals will deliver at least 10% of the current carbon emissions reduction set by Scottish through the installation and operation of low and zero-carbon generating technologies shall be submitted to and approved in writing by the Council as Planning Authority. The principles contained in the statement shall thereafter be implemented in full. Reason: In order to comply with Policy 32 of the adopted Perth and Kinross Local Development Plan 2 (2019). 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 applicable. Page 213 of 274
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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. No work shall be commenced until an application for building warrant has been submitted and approved. 4. The applicant should be aware of the comments made by NatureScot in their response dated the 2 May 2024. Particular note should be given to the need to contact the Tayside Raptor Group at an early stage. Background Papers: 7 letters of representation Contact Officer: Andrew Baxter Date: 29 November 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING Page 214 of 274
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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 5(2)(iv) Page 219 of 274
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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 Page 220 of 274
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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 Page 221 of 274
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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. Page 222 of 274
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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, Page 223 of 274
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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 Page 224 of 274
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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. Page 225 of 274
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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. Page 226 of 274
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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). Page 227 of 274
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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. Page 228 of 274
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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. Page 229 of 274
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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. Page 230 of 274
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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. Page 231 of 274
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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 Page 232 of 274
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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. 24/365) PROPOSAL: Change of use and alterations to public toilets to form banking hub LOCATION: Public Convenience, High Street, Auchterarder Ref. No: 24/01335/FLL Ward No: P7- Strathallan 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 The application is for the change of use of a former public toilet building in Auchterarder town centre to form a banking hub and associated alterations to the building. 2 The public toilets are located just off the High Street (A824) and at the access to the Crown Inn Wynd public car park. They were declared surplus to Council requirements in March 2023. 3 External alterations are mainly to the existing openings on the northwest elevation of the building and include a new entrance door and a full height window. A further window opening is proposed on the northwest elevation with a frosted vinyl sheet to provide privacy for a meeting room. Existing high-level windows on the northeast elevation are to remain blocked with new weatherproof boarding installed. 4 A black, grey aluminium fascia tray is proposed in a partial wrap around fashion on the front and side elevations (northwest and southwest). This is to be fitted with internal cool white LED illumination and fret cut lettering and logo forms with opal acrylic inserts to be formed with corporate artwork. The external walls are to be painted a pale grey. 5(2)(v) Page 237 of 274
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5 The internal space is to be converted to provide a waiting area, meeting room, staff room and WC, counter and office. Existing rooflights are to be retained to provide natural light to the internal space. SITE HISTORY 6 24/01336/ADV Advertisement Consent for display of signs - Pending Consideration PRE-APPLICATION CONSULTATION 7 None. 8 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 any formal pre-application consultation with the local community. DEVELOPMENT PLAN 9 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 10 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. 11 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 18: Infrastructure First • Policy 22: Flood Risk and Water Management • Policy 27: City, Town, Local and Commercial Centres Perth and Kinross Local Development Plan 2019 12 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 Page 238 of 274
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and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 13 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 16: Social, Cultural and Community Facilities • Policy 53B: Foul Drainage • Policy 53C: Surface Water Drainage • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 14 • Supplementary Guidance - Placemaking (adopted in 2020) • Supplementary Guidance – Developer Contributions & Affordable Housing (adopted in 2023) 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 Page 239 of 274
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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. CONSULTATIONS 20 As part of the planning application process the following bodies were consulted: Internal 21 Development Contributions Officer - The proposed change of use will not require a developer contribution for A9 Auchterarder Junctions. 22 Transportation and Development - No objection. There is no direct vehicle access for the property and no car parking spaces associated with the property. The property is located just off the High Street A824 and adjacent to the Crown Inn Wynd free public car park. It is also well located in the town for active and sustainable travel trips. REPRESENTATIONS 23 Four representations were received objecting to the proposal. This included an objection from Auchterarder and District Community Council. 24 The main issues raised within the representations are: • Lack of parking for visitors and staff as public car park often full • A town the size of Auchterarder requires a public toilet • Other sites lend themselves to a banking hub and these should be explored • The town should have both public toilets and banking facilities – not one or the other • Loss of a basic amenity from Auchterarder to residents and visitors Page 240 of 274
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• Town will be less attractive to passing visitors as a result of the loss of the toilet block 25 These issues are addressed in the appraisal section of the report. However matters raised which are not material include: • The representations referred to a public survey and state the results of this would appear to have been ignored. • A representation noted an area between the banking hub and a garden wall of neighbouring property is currently used by the council to store equipment and asked how the proposal would affect this. Estates have advised that the equipment is used by Council street sweepers and it will be relocated and stored at the skip site. • There is no mention of a cash machine being installed either outside or inside the banking hub in the plans. The agent for the application confirmed there are no plans for a cash machine. • There are currently two big bins outside the back of the current public toilets. These attract people to dump unwanted items that either don't fit in the bin, and / or should go to the tip. Could the development of the banking hub be an opportunity to remove these unnecessary bins and tidy up the space? – Estates have advised that these are bulker bins used by the Council street sweeper and can be relocated in the car park. • The plans do not mention the facilities outside of the front of the hub. Currently there is a litter bin outside and it would be useful if this was retained – Estates have advised that the litter bin will be left where it is. ADDITIONAL STATEMENTS 26 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 Not required Report on Impact or Potential Impact eg Flood Risk Assessment Not required 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 Page 241 of 274
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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 and representations. Principle 28 The application is for a change of use of a former public toilet building in Auchterarder town centre to a banking hub. 29 The public toilets have been closed due to Council budget savings. A banking hub is in Use Class 1A Shops, Financial, Professional and Other Services of the Town and Country Planning (Use Classes) (Scotland) Order 1997. 30 The proposal is supported by NPF4 Policy 27 City, Town, Local and Commercial Centres and LDP2 Policy 10: City, Town and Neighbourhood Centres as the change of use of a redundant building to a banking hub will improve the vitality and viability of the town centre (NPF4 Policy 27a) and the proposal is consistent with the town centre first approach (NPF4 Policy 27b). 31 LDP2 Policy 16: Social, Cultural and Community Facilities is relevant, this policy considers that the change of use of buildings presently used or last used for community purposes will only be permitted where: (a) it would not seriously affect the availability of community facilities in the locality; and (b) no suitable alternative community uses can be found for the land or buildings in question; or (c) the proposal would result in the provision of alternative facilities of equivalent community benefit. 32 In respect of the criteria above, the public toilets have been closed due to budget savings however the Council offer a number of free to use public toilets through partnerships with local service providers such as hotels, pubs and public buildings. This service is known as the Perth and Kinross Comfort Scheme. These facilities are available for public use at no cost, regardless of whether or not they are a customer. There are two facilities which are part of the comfort scheme in Auchterarder (Café Kisa 127-129 High Street, and The Niblick public house, 2 Crown Court). 33 The proposal will provide cash and banking services to the community and local businesses through the operation of a not-for-profit company. The supporting information highlights that feedback from similar proposals suggests banking hubs are driving higher footfall and bringing energy and life back to town centres. The proposed change of use of the building to a banking hub is a suitable alternative community use. Page 242 of 274
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34 Two other properties on the High Street were reviewed and the layout considered unsuitable or too small for the banking hub. The change of use of the redundant public building to a community banking hub satisfies LDP2 Policy 16. Design and Layout 35 NPF4 Policy 14 Design, Quality and Place requires all development to be designed to improve the quality of an area (NPF4 Policy 14a) and to be consistent with the six qualities of successful places (NPF4 Policy 14b). LDP2 Policy 1: Placemaking algins with NPF4 Policy 14. 36 The alterations proposed have been sensitively considered and designed to offer an attractive reuse of the building which will improve the visual amenity of the area. Notwithstanding, there remain concerns over the content of the proposed signage which are to be addressed via the parallel application for advertisement consent. 37 The colour of the building is not indicated on the drawings and was confirmed during the application process to be pale grey (Document 22). To protect visual amenity, a condition is proposed to ensure the submission of the specification and colour of the external walls is submitted to and agreed in writing by the Council as Planning Authority (Condition 3). 38 The proposal respects the character and amenity of the place and will contribute positively to the quality of the surrounding built environment. The proposed design and layout satisfy NPF4 Policy 14 and LDP2 Policy 1 Placemaking. Residential Amenity 39 There are a mix of uses surrounding the application site given its town centre location including residential properties to the immediate east. 40 External alterations are mainly to the northwest and southwest elevations with no new window openings on the northeast or southeast elevations. The existing high-level windows on the northeast elevation are to remain blocked. 41 A representation outlined an individual request for a fence to be erected on the northeast boundary of the site in front of the stone wall to provide screening due to the increased volume of people going in and out of the banking hub. In response, this is an application for a change of use only with associated alterations to the building. There is an existing timber fence on the rear side of the wall, in the curtilage of the residential property which provides screening from the building. This is a town centre location with a mix of shops, services and a car park generating footfall. The proposed use is unlikely to generate a significant increase in footfall. Page 243 of 274
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42 The proposal is a suitable use for a redundant building in the town centre and residential amenity will not be significantly impacted. The proposal satisfies NPF4 Policy 14 Design, Quality and Place and LDP2 Policy 1 Placemaking. Roads and Access 43 There is no direct vehicle access and no car parking spaces associated with the property. The property is located just off the High Street A824 and adjacent to the Crown Inn Wynd free public car park. The site is well located in the town centre for active and sustainable travel trips. The location helps reduce the need to travel unsustainably in line with NPF4 Policy 13 Sustainable Transport. 44 Transportation and Development have reviewed the proposal and do not raise any concerns. The proposal satisfies NPF4 Policy 13 Sustainable Transport and LDP2 Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals. Drainage and Flooding 45 This is an application for a change of use only. There are no known flooding issues and existing drainage services will be utilised. 46 The proposal satisfies NPF4 Policy 22 Flood Risk and Water Management and LDP2 Policy 53B: Foul Drainage and LDP2 Policy 53C: Surface Water Drainage. Material Considerations Representations 47 Four representations were received objecting to the proposal. A response to the issues raised in the representations is provided below. 48 No designated parking for the banking hub. The site is in the town centre and easily accessible by sustainable modes of transport. The public car park located to the rear of the site is free for users travelling by car. The location of the site in the town centre reduces the need to travel unsustainably in line with national and local planning policy. 49 Loss of public toilet – The public toilets have been closed due to budget savings. The Council offer a number of free to use public toilets through partnerships with local service providers such as hotels, pubs and public buildings. There are two facilities which are part of the comfort scheme in Auchterarder. Two other properties on the High Street were reviewed and the layout considered unsuitable or too small for the banking hub. The reuse of a redundant building in the town will provide banking services to the community Page 244 of 274
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and local businesses and enhance the town. The proposal is in line with national and local planning policy. 50 The issues raised have been addressed in the report above and are not of sufficient weight to justify refusal of planning permission. Developer Contributions 51 The Development Contributions Officer confirms the proposed change of use will not require a developer contribution for A9 Auchterarder Junctions. The proposal satisfies NPF4 Policy 18 Infrastructure First and LDP2 Policy 5: Infrastructure Contributions. Economic Impact 52 The proposal will reuse a redundant building in the town centre for a community banking hub. VARIATION OF APPLICATION UNDER SECTION 32A 53 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 54 None required. DIRECTION BY SCOTTISH MINISTERS 55 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 56 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. Page 245 of 274
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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 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 external walls shall be submitted to and agreed 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. 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, Page 246 of 274
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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. Background Papers: Four (4) letters of representation Contact Officer: Claire Myles Date: 29 November 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING Page 247 of 274
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Perth and Kinross Council Planning and Placemaking Committee – 11 December 2024 Pre-Application Report by Strategic Lead: Economy, Development & Planning (Report No. 24/366) PROPOSAL: Formation of access tracks, compounds, installation of cabling and associated works LOCATION: Land 300 Metres East of Tombreck Farmhouse, Foss, Pitlochry, PH16 5NN Ref. No: 24/00011/PAN Ward No: P4- Highland Summary This report is to inform the Committee of a potential forthcoming planning application in respect of a major development for formation of access tracks, compounds, installation of cabling and associated works on land 300 metres East of Tombreck Farmhouse, Foss, Pitlochry, PH16 5NN. The report also aims to highlight the key planning policies and the likely stakeholders who would be involved in the decision making process, and to offer a brief overview of the key planning issues which are likely to be relevant to the proposal. BACKGROUND AND DESCRIPTION 1. In accordance with the provisions of the Town & Country Planning (Scotland) Act 1997 (as amended), the applicants submitted a Proposal of Application Notice (PoAN) on 23 October 2024. The purpose of this report is to inform the Planning and Placemaking Committee of a forthcoming planning application in respect of a major development for formation of access tracks, compounds, installation of cabling and associated works. Pre-application reports give the Committee an opportunity to raise issues which it would like to see addressed in the planning application. 2. This PoAN seeks to formally establish a major development. The exact range of uses, scale and design of the development will be arrived at during pre- application discussions. ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 3. Due to the scale of the proposal it will require to be screened as to whether the proposal is an EIA development under the EIA 2017 Regulations. A screening request is required to be submitted by the applicant. 6(i) Page 253 of 274
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PRE-APPLICATION PROCESS 4. The PoAN (reference 24/00011/PAN) confirmed that two public exhibitions will be held at Kynachan Hall, Tummel Bridge, Pitlochry, PH16 5NT. The first of these events being 26 November 2024 2pm – 7pm and the second event being 3 March 2025 2pm – 7pm. The Ward Councillors, Killiecrankie, Fincastle and Tummel Community Council, and Dull and Weem Community Council have been notified. The results of the community consultation will be submitted with the planning application as part of the required Pre-Application Consultation (PAC) Report. DEVELOPMENT PLAN 5. The Development Plan for the area comprises National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2). National Planning Framework 4 6. 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. 7. NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 8. The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crisis • 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 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 18 Infrastructure First • Policy 20: Blue and Green Infrastructure • Policy 21: Play, Recreation and Sport • Policy 22: Flood Risk and Water Management Perth and Kinross Local Development Plan 2019 9. 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. Page 254 of 274
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The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 1C: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 6: Settlement Boundaries • Policy 8 Rural Business and Diversification • Policy 14B: Open Space Retention and Provision: Open Space within New Developments • Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 27A: Listed Buildings • Policy 31: Other Historic Environment Assets • Policy 33A New Proposals for Renewable and Low-Carbon Energy • Policy 38A: Environment and Conservation: International Nature Conservation Sites • Policy 38B: Environment and Conservation: National Designations • Policy 38C: Environment and Conservation: Local Designations • Policy 39: Landscape • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 47: River Tay Catchment Area • Policy 51: Soils • Policy 52: New Development and Flooding • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 53E: Water Environment and Drainage: Water Supply • Policy 55: Nuisance from Artificial Light and Light Pollution • Policy 56 Noise Pollution • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals OTHER POLICIES 10. The following non statutory guidance and documents are of particular importance in the assessment of this application: • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) Page 255 of 274
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• Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020) • Planning Guidance - Delivery of Development Sites • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity NATIONAL GUIDANCE 11. The Scottish Government expresses its planning policies and guidance through the National Planning Framework, Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Planning Advice Notes 12. The following Scottish Government Planning Advice Notes are likely to be of relevance to the proposal: • PAN 1/2011 Planning and Noise • PAN 2/2011 Planning and Archaeology • PAN 3/2010 Community Engagement • PAN 51 Planning, Environmental Protection and Regulation • PAN 60 Natural Heritage • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 73 Rural Diversification • PAN 75 Planning for Transport • PAN 79 Water and Drainage PLANNING SITE HISTORY 13. 13/01959/FLL full planning approved on 8 April 2024 for Formation of hydroelectric scheme and associated works. 14. 19/00008/PAN on 28 October 2024 for erection of electricity substation with associated plant, infrastructure and creation of access. 15. 19/01854/SCRN on 6 January 2020 for erection of a sub-station and associated landscape works. 16. 20/00620/LAW approved on 7 July 2020 for formation of a site compound (for a temporary period (proposed). 17. 20/01234/SCOP on 8 December 2020 for erection of a sub station and associated landscape works. 18. 21/02307/ECU37 for install and retain the proposed Kinardochy Reactive Power Compensation Substation overhead line connection. Page 256 of 274
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19. 22/00011/PAN on 26 May 2022 for erection of 2 transformers, control building, associated plant and infrastructure, ancillary facilities, laydown areas, construction compound, siting of welfare/site office units, landscaping and associated works. 20. 22/01164/SCRN on 15 August 2022 for EIA Screening, Errochty GSP. 21. 22/01892/FLN withdrawn on 27 March 2023 for extension to switching substation comprising 2 transformers, control building, temporary compound facility, ancillary plant, infrastructure and associated works. 22. 23/00526/FLL full planning approved on 5 July 2023 for erection of 2 transformers, control building, associated plant and infrastructure, ancillary facilities, laydown areas, temporary construction compound, siting of temporary welfare/site office units, landscaping and associated works. 23. 24/00778/FLL full planning approved on 2 September 2024 for Installation of drainage infrastructure and associated works (revised drainage associated with 23/00526/FLL). 24. 24/00908/FLL withdrawn on 19 September 2024 for formation of access track. 25. 24/01152/FLL for formation of junction and associated works. CONSULTATIONS 26. As part of the planning application process the following would be consulted: External • Scottish Environment Protection Agency • NatureScot • Transport Scotland • Historic Environment Scotland • Forestry Commission Scotland • Perth and Kinross Heritage Trust • Killiecrankie, Fincastle and Tummel Community Council • Dull, Weem Community Council • Ministry of Defence • Scottish Government • Scottish Water Internal • Environmental Health (Noise/Odour, Private Water Supply and Contaminated Land) • Development Contributions Officer • Community Greenspace including Access • Transportation and Development Page 257 of 274
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• Structures and Flooding • Biodiversity Officer KEY ISSUES AGAINST WHICH A FUTURE APPLICATION WILL BE ASSESSED 27. The key considerations against which the eventual application will be assessed include: a. Visual Impact b. Scale, Design and Layout c. Relationship to Nearby Land Uses d. Natural Heritage and Ecology e. Landscape f. Water Resources and Soils g. Air Quality h. Transport Implications i. Tourism and Economy j. Impact on Agriculture k. Archaeology and Cultural Heritage ADDITIONAL STATEMENTS WHICH WILL BE REQUIRED 28. Should an EIA Report not be required the following supporting documents will need to be submitted with any planning application: • Planning Statement • Design and Access Statement • Pre-Application Consultation (PAC) Report • Economic Impact Assessment • Transport Assessment • Flood Risk and Drainage Assessment • Landscape and Visual Impact Assessment • Tree and Woodland Survey • Habitat Survey • Archaeological Assessment • Sustainability Assessment • Peat Management Plan CONCLUSION AND RECOMMENDATION 29. This report summarises the key issues which should be considered as part of the appraisal of any subsequent planning application which may be lodged in respect of this development and members are recommended to note these key issues and advise officers of any other issues which they consider should be included as part of the application and assessment. Background Papers: None Contact Officer: Kirsty Strong – Ext 017358 475333 Date: 29 November 2024 Page 258 of 274
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Perth and Kinross Council Planning and Placemaking Committee – 11 December 2024 Pre-Application Report by Strategic Lead: Economy, Development & Planning (Report No. 24/367) PROPOSAL: Formation of access track, bridge, compound and associated works LOCATION: Land 360 Metres North of Glassick Farm, Braco, Dunblane, FK15 9QZ Ref. No: 24/00012/PAN Ward No: P7- Strathallan Summary This report is to inform the Committee of a potential forthcoming planning application in respect of a major development for the formation of an access track, bridge, compound and associated works at land 360 Metres North of Glassick Farm, Braco, Dunblane, FK15 9QZ. The report also aims to highlight the key planning policies and the likely stakeholders who would be involved in the decision making process, and to offer a brief overview of the key planning issues which are likely to be relevant to the proposal. BACKGROUND AND DESCRIPTION 1. In accordance with the provisions of the Town & Country Planning (Scotland) Act 1997 (as amended), the applicants submitted a Proposal of Application Notice (PoAN) on 25 October 2024. The purpose of this report is to inform the Planning and Placemaking Committee of a forthcoming planning application in respect of a major development for the formation of an access track, bridge, compound and associated works. Pre-application reports give the Committee an opportunity to raise issues which it would like to see addressed in the planning application. 2. This PoAN seeks to formally establish a major development. The exact range of uses, scale and design of the development will be arrived at during pre- application discussions. ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 3. Due to the scale of the proposal it will require to be screened as to whether the proposal is an EIA development under the EIA 2017 Regulations. A screening request is required to be submitted by the applicant. 6(ii) Page 265 of 274
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PRE-APPLICATION PROCESS 4. The PoAN (reference 24/00012/PAN) confirmed that two public exhibitions will be held at Braco Village Hall, Feddal Road, Braco, FK15 9QD, the first event on 20 November 2024 between 3pm and 7pm and the second event on 26 February 2024 between 3pm and 7pm. The Ward Councillors, Braco and Greenloaning Community Council, Blackford Community Council, Muthill and Tullibardine Community Council and Auchterarder and District Community Council, Dunblane Community Council and Kilmadock Community Council have been notified. The results of the community consultation will be submitted with the planning application as part of the required Pre-Application Consultation (PAC) Report. DEVELOPMENT PLAN 5. The Development Plan for the area comprises National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2). National Planning Framework 4 6. 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. 7. NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 8. The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crisis • 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 11: Energy • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 18: Infrastructure First • Policy 20: Blue and Green Infrastructure • Policy 21: Play, Recreation and Sport • Policy 22: Flood Risk and Water Management • Policy 23: Health and Safety Page 266 of 274
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Perth and Kinross Local Development Plan 2019 9. 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. The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 1C: Placemaking • Policy 1D: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 6: Settlement Boundaries • Policy 14B: Open Space Retention and Provision: Open Space within New Developments • Policy 15: Public Access • Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 29: Gardens and Designated Landscapes • Policy 31: Other Historic Environment Assets • Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy • Policy 35: Electricity Transmission Infrastructure • Policy 39: Landscape • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 51: Soils • Policy 52: New Development and Flooding • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 53E: Water Environment and Drainage: Water Supply • Policy 54: Health and Safety Consultation Zones • Policy 55: Nuisance from Artificial Light and Light Pollution • Policy 56: Noise Pollution • Policy 58A: Contaminated and Unstable Land: Contaminated Land • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals OTHER POLICIES 10. The following non statutory guidance and documents are of particular importance in the assessment of this application: Page 267 of 274
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• Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) • Planning Guidance - Planning & Biodiversity • Perth and Kinross Local Transport Strategy (2010) NATIONAL GUIDANCE 11. The Scottish Government expresses its planning policies and guidance through the National Planning Framework, Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Planning Advice Notes 12. The following Scottish Government Planning Advice Notes are likely to be of relevance to the proposal: • PAN 1/2011 Planning and Noise • PAN 2/2011 Planning and Archaeology • PAN 3/2010 Community Engagement • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 73 Rural Diversification • PAN 75 Planning for Transport PLANNING SITE HISTORY 13. 17/01810/FLL full planning approved on 24 November 2024 for Formation of an energy storage facility, vehicular access and associated works. 14. 20/00013/PAN on 5 February 2024 for Formation of an energy storage facility comprising control building, battery storage container units, ancillary equipment, parking, boundary treatments, landscaping and associated works. 15. 21/00020/PAN on 3 February 2024 for Formation of a battery energy storage compound comprising battery storage units, ancillary buildings and equipment, landscaping and associated works 16. 21/00756/FLL full planning approved on 14 December 2021 for Formation of a 49.9MW energy storage facility comprising 50 battery storage container units, control building, ancillary equipment, parking, access track, boundary treatments, landscaping and associated works. Page 268 of 274
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17. 22/02231/FLM full planning approval on 24 October 2024 for Formation of a 49.99MW battery energy storage compound comprising battery storage units, ancillary buildings and equipment, bogland restoration, landscaping and associated works. 18. 23/02147/SCRN on 7 February 2024 for Cambushinnie 400kV Substation - New substation site near the existing Braco West substation. 19. 24/00001/PAN on 23 February 2024 for Formation of 400kV substation comprising erection of ancillary buildings, hardstanding, plant and machinery access laydown/work compound area(s) and associated works. CONSULTATIONS 20. As part of the planning application process the following would be consulted: External • Scottish Environment Protection Agency • NatureScot • Transport Scotland • Historic Environment Scotland • Forestry Commission Scotland • Health and Safety Executive • Perth and Kinross Heritage Trust • Braco and Greenloaning Community Council • Blackford Community Council • Muthill and Tullibardine Community Council • Auchterarder and District Community Council • Dunblane Community Council • Kilmadock Community Council Internal • Environmental Health (Odour/Noise, Private Water Supply, Contaminated Land) • Development Contributions Officer • Community Greenspace including Access • Transportation and Development • Structures and Flooding • Biodiversity Officer KEY ISSUES AGAINST WHICH A FUTURE APPLICATION WILL BE ASSESSED 21. The key considerations against which the eventual application will be assessed include: a. Visual Impact b. Scale, Design and Layout Page 269 of 274
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c. Relationship to Nearby Land Uses d. Natural Heritage and Ecology e. Landscape f. Water Resources and Soils g. Air Quality h. Transport Implications i. Tourism and Economy j. Impact on Agriculture k. Archaeology and Cultural Heritage ADDITIONAL STATEMENTS WHICH WILL BE REQUIRED 22. Should an EIA Report not be required the following supporting documents will need to be submitted with any planning application: • Planning Statement • Design and Access Statement • Pre-Application Consultation (PAC) Report • Economic Impact Assessment • Transport Assessment • Flood Risk and Drainage Assessment • Landscape and Visual Impact Assessment • Tree and Woodland Survey • Habitat Survey • Archaeological Assessment • Sustainability Assessment CONCLUSION AND RECOMMENDATION 23. This report summarises the key issues which should be considered as part of the appraisal of any subsequent planning application which may be lodged in respect of this development and members are recommended to note these key issues and advise officers of any other issues which they consider should be included as part of the application and assessment. Background Papers: None Contact Officer: Kirsty Strong – Ext 01738 475333 Date: 29 November 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT & PLANNING Page 270 of 274
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