Minute of meeting of 11 December 2024
Perth and Kinross Council · 8 January 2025
Back to Planning and Placemaking Committee — 8 January 2025 and its agenda
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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 11 December 2024 at 9.30am. Present: Councillors I Massie, G Stewart, K Allan, B Brawn, D Cuthbert, K Harvey, I James, D Illingworth (up to and including Item 5(1)(ii)), I MacPherson (substituting for Councillor R Watters), Bailie C McLaren, and Bailie M Williamson. In Attendance: L MacLean, C Morilly, S Panton, L Reid, K Smith, and P Williamson (all Economy, Development and Planning); A Brown, C Elliott, K Molley and M Pasternak (all Legal and Governance). Apologies: Councillor R Watters. 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 Councillor B Brawn declared a non-financial interest in Item 5(1)(i). 3. MINUTES The Minute of Meeting of Planning and Placemaking Committee of 13 November 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. 23/01941/AMM 5(1)(i) 24/00299/FLM 5(1)(ii) 24/01023/AMM 5(1)(iii) 24/00276/FLL 5(2)(ii) 24/00374/FLL 5(2)(iii) 24/01249/FLL 5(2)(iv) 24/01335/FLL 5(2)(v) In accordance with Point 6 of Appendix 2 (Protocol for Deputations) of the Standing Orders, Councillor Massie advised that due to the volume of business on the agenda and the volume of deputations requests received, individual deputations would be permitted 3 minutes with deputations forming more that one person, 6 minutes.
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5. APPLICATIONS FOR DETERMINATION (1) Major Applications COUNCILLOR BOB BRAWN LEFT THE MEETING AT THIS POINT. (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 No. 24/357) Prior to consideration of this item Councillor D Cuthbert moved a motion to defer this application to allow all members of the Committee to undertake a site visit and to visit the similar site at Lathro Farm, Kinross. On failing to secure a seconder the motion fell. Mr A Huddleston, Prof M Kirkpatrick, Mr A Law, Mr P Richardson, Ms J Muir and Mr G Anton, all objectors to the applicant, Councillor C Shiers, Local Member, Mr G Scotland, Mr J MacCallum and Mr R Patrick, on behalf of the applicant, addressed the committee, and answered Members questions. Motion (Councillors D Cuthbert and I James) Refuse, on the grounds that the application is contrary to: 1. National Planning Framework 4 (2023), Policy 14: Liveable Places, (b) Distinctive, and Perth and Kinross Local Development Plan 2 (2019), Policies 1A and 1B(c): Placemaking as the proposal does not contribute positively to the quality of the surrounding built and natural environment and fails to respect the character of the area due to its regimented design and appearance of too many houses on what is a sloped, settlement boundary defining site; and 2. National Planning Framework 4 (2023), Policy 14: Liveable Places, (b) Distinctive, Perth and Kinross Local Development Plan 2 (2019), Policies 1A and 1B(c): Placemaking, and the Council’s Supplementary Guidance on Placemaking (2020), as the extent of off- street parking provided to the immediate front of proposed houses dominates those houses and the design of the site. That design does not contribute positively to the surrounding built and natural environment. Amendment (Councillors I Massie and K Harvey) Grant, subject to the following terms, conditions and informatives:
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Conditions 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. 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
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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 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;
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(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) 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
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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 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
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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; 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
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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 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
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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 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
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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. Procedural Notes A sum of £11,965.25 is to be paid 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.
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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. 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 Environment 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 Environment 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
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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. 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
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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. In terms of Standing Order 21.5 a roll call vote was taken. 4 members voted for the Motion as follows: Councillors K Allan, D Cuthbert, I James and Bailie C McLaren. 6 members voted for the Amendment as follows: Councillors K Harvey, D Illingworth, I Massie, I MacPherson, G Stewart, and Bailie M Williamson. Resolved: In accordance with the Amendment. THE COMMITTEE TOOK A 10 MINUTE RECESS AND THEN RECONVENED. COUNCILLOR BOB BRAWN REJOINED THE MEETING AT THIS POINT. (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 No. 24/358) Mr A Warrington, on behalf of Auchterarder Community Bus Group, Ms A Watt, on behalf of Auchterarder and District Community Sports Hub, and Mr A Kay, on behalf of Auchterarder and District Community Council, all supporters of the application, and Mr M Rankin, agent and Mr S Gillespie, on behalf of the applicant, addressed the committee, and answered Members questions. Motion (Bailie M Wiliamson and Councillor D Illingworth) Refuse¸ for the following reasons: 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
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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. 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. Amendment (Councillors B Brawn and K Allan) Defer for the following reasons: 1. Further information on deliverability of a public footpath from the site towards Auchterarder; and 2. A list of possible conditions in the event planning permission may be granted. In terms of Standing Order 21.5 a roll call vote was taken. 7 members voted for the Motion as follows: Councillors K Harvey, D Illingworth, I Massie, I MacPherson, Bailie C McLaren, G Stewart and Bailie M Williamson. 4 members voted for the Amendment as follows: Councillors K Allan, B Brawn, D Cuthbert and I James. Resolved: In accordance with the Motion.
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THE COMMITTEE TOOK A 1 HOUR RECESS AND RECONVENED AT 1.30PM COUNCILLOR D ILLINGWORTH LEFT THE MEETING AT THIS POINT. (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 Huntingtowerfield & Ruthvenfield, Huntingtowerfield, Perth (Report No. 24/359) Mr M Purrmann-Charles, objector to the application, and Mr P Graham, agent on behalf of the applicant, addressed the committee, and answered Members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 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 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
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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 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.
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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 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.
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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 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.
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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. 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
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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, a 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. 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;
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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. 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.
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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 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.
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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. 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.
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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 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. 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
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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 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/informat ion-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.
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(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 No. 24/360) Mr S Panton advised of the following update issued to members prior to the meeting: (i) The condition referred to within Condition 8 should be 4 and not 3. (ii) Two additional informatives are to be added to the consent following further consultation with Transportation and Development. These will be numbered informatives 5 and 6. Resolved: 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. 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.
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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 protective fencing and its location shall be as set out and agreed in the Construction Environmental Management Plan (CEMP) subject of Condition 4 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.
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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. 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.
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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 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.
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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. 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. 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. 5. The applicant is advised that, in terms of Sections 56 of the Roads (Scotland) Act 1984, 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. 6. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, 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.
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(2) Local Applications (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 No. 24/361) Resolved: 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. 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.
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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 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.
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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. 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.
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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 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
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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 shall 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 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
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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 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
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and possible action by Environmental Health under the Environmental Protection Act 1990. (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 No. 24/362) Mr P Williamson advised of the following updates: (i) Update required to Condition 6 to cross reference the requirement to replace planting which fails in the first five years. (ii) An additional informative is required to cross reference the advice of Scottish Water. Mr G Caudrey, agent on behalf of the applicant, addressed the committee, and answered Members questions. Councillor D Cuthbert proposed a motion to approve the application, with the addition of an appropriate condition to require build outs on the Muirs as part of the application, if possible. Having failed to secure a seconder the motion fell. Resolved: 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. 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. 4. Prior to the commencement of the development hereby approved, details of the methodology, specification and
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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, 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.
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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 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.
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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. 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
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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 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. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 9. 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.
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The variations incorporate changes to the proposed design, layout and access details. 10. 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. (iii) 24/00374/FLL - Erection of dwellinghouse, workshop/ancillary accommodation, and associated works, land 50 metres south west of Russaig House, Errol (Report No. 24/363) Mr P Williamson advised of the following updates: (i) An additional condition is required in relation to details of the refuse collection area. (ii) An additional informative is required to flag potential surface water risks associated with the private access road. Ms N Durant and Mr B Crawford, both objectors to the application, and Mr J Cameron, applicant and Mr D Alexander (via telephone), agent on behalf of the applicant, addressed the committee, and answered Members questions. Resolved: Grant, subject to the following terms, conditions and informatives: 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.
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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 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 environmental 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:
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(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. 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 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 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 residence of any
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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. 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
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emissions reduction set by Scottish Building standards 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). 16. Prior to the commencement of the development hereby approved, precise details of the location and means of the provision of recycling and waste bins shall be submitted to and approved in writing by the Council as Planning Authority. The approved details shall be implemented in full prior to the first occupation of the dwelling, and thereafter retained. 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 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. 5. The applicant should be aware that part of the private access maybe affected by surface water during heavy rain fall, and they should therefore do their own due diligence regarding the potential for vehicular access to be impassable at points due to surface water.
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(iv) 24/01249/FLL - Installation of drainage, floodlighting and landscaping works, North Inch Perth (Report No. 24/364) Mr P Williamson advised that an additional condition would be required to obtain full elevation details of the proposed floodlighting prior to commencement of any development. Mr C Bruce, agent on behalf of the applicant, addressed the committee, and answered Members questions. Resolved: Grant, subject to the following terms, conditions and informatives: 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. 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. 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
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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. 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
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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. 10. Prior to the commencement of any development, full elevational details of the proposed floodlighting shall be submitted to and subsequently approved in writing by the Planning Authority. These details shall be based upon the conclusions of the Floodlighting Impact Study (doc ref:10) and meet the requirements of condition 6 of this permission. The details, as approved in writing, shall be implemented prior to the floodlighting being brought into use and maintained for the lifetime of the development. Reason: In the interest of visual amenity. 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. 4. The developer is advised to contact Sophie Nicol, Historic Environment Manager (tel 01738 477027) Perth
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and Kinross Heritage Trust, to discuss terms of reference for work required. (v) 24/01335/FLL - Change of use and alterations to public toilets to form banking hub, Public Convenience, High Street, Auchterarder (Report No. 24/365) Ms H Edmont, objector on behalf of Auchterarder and District Community Council, addressed the Committee and answered members questions. THE COMMITTEE TOOK A 10 MINUTE RECESS. Motion (Bailie M Wiliamson and Councillor I MacPherson) 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. 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. 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
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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. Amendment (Councillors K Allan and B Brawn) Refuse¸ on the basis that the proposal is contrary to Perth and Kinross Local Development Plan 2 (2019) Policy 16(c) Social, Cultural and Community Facilities, as the proposal is not of equivalent community benefit compared to the toilet use In terms of Standing Order 21.5 a roll call vote was taken. 5 members voted for the Motion as follows: Councillors K Harvey, I Massie, I MacPherson, G Stewart and Bailie M Williamson. 5 members voted for the Amendment as follows: Councillors K Allan, B Brawn, D Cuthbert, I James and Bailie C McLaren. In terms of Standing Order 21.2, the Convener exercised the casting vote in accordance with the Motion. Resolved: In accordance with the Motion. 6. PROPOSAL OF APPLICATION NOTICES (PAN) (i) 24/00011/PAN - Formation of access tracks, compounds, installation of cabling and associated works, land 300 metres east of Tombreck Farmhouse, Foss, Pitlochry (Report No. 24/366) Bailie M Williamson requested due consideration be given to the use of the B8019 Strathtummel Road and a traffic management plan that adheres to the policy of escorts for vehicles carrying wide loads. The contents of the Report by the Strategic Lead – Economy, Development and Planning, were noted.
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(ii) 24/00012/PAN - Formation of access track, bridge, compound and associated works, land 360 metres north of Glassick Farm, Braco, Dunblane (Report No. 24/367) Councillor Ian James requested due consideration be given to any possible loss of woodland. The contents of the Report by the Strategic Lead – Economy, Development and Planning, were noted.