24/01297/Fll
Perth and Kinross Council · 8 January 2025
Back to Planning and Placemaking Committee — 8 January 2025 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee – 8 January 2025 Report of Handling by Strategic Lead - Economy, Development and Planning (Report No. 25/1) PROPOSAL: Alterations and extension to outbuilding to form dwellinghouse and garage/workshop and associated works LOCATION: Land 35 metres north west of Gentian, Fortingall, Aberfeldy, PH15 2LH Ref. No: 24/01297/FLL Ward No: P4- Highland Summary This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. BACKGROUND AND DESCRIPTION OF PROPOSAL 1 The proposal is for alterations and extension to an outbuilding to form a dwellinghouse and garage/workshop and associated works. The site is at Garth on the edge of an existing housing grouping. 2 Planning permission was first granted for a dwellinghouse on the site in 2006 (05/02263/FUL) following a previous refusal at Committee (05/01155/FUL). Works commenced on site in January 2011 with preliminary works to form a new drive being carried out. No further works were undertaken until 2020 when excavations to re-align the proposed drive to the house plot were undertaken. However, these works were not within the original red line site boundary but within the adjacent field and therefore constituted a breach of planning control. A revised planning application for the new drive and dwellinghouse was submitted in 2020 (20/00673/FLL) to regularise the position. That application was withdrawn for further survey work following objections including from Structures and Flooding who objected due to lack of information with regard to drainage and flood risk. A further application was submitted in October 2020 but determination was delayed due to the requirement for a bat activity survey which was completed in May 2021. That application (20/01433/FLL) was approved at Planning and Development Management Committee in July 2021. 3 This current application is for a different proposal. An existing building on the site
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known as the Egg House is to be retained whereas previously this was being demolished. The Egg House is proposed to be converted to a garage/workshop and the proposed new house will be attached across the northeastern end of this building. It comprises accommodation over two levels. It has an eaves height of 3.3m and ridge height of 7.2m. The house will be finished in stone with slate roof and dark grey timber doors and windows. The northeast elevation includes a roof overhang to give the potential for a covered sitting out area accessible from the living/dining areas. 4 The site is around 0.2 hectares in size. There is grazing land to the northwest. To the northeast is a residential property set in a large, wooded garden. To the southwest is grazing land and to the southeast is Gentian House a Category B Listed Building, together with Burn Cottage, to the east, and Parras, to the north east. The access is proposed along a private drive from the C448 public road. SITE HISTORY 5 05/01155/FUL Full Planning Permission was Refused On 23 September 2005 for Erection of dwellinghouse and change of use from paddock to access road 6 05/02263/FUL Full Planning Permission was Approved On 3 February 2006 for Erection of a dwellinghouse and change of use from paddock to access road 7 20/00604/FLL Full Planning Permission On 15 May 2020 for Erection of a dwellinghouse (in part retrospect) 8 20/00673/FLL Full Planning Permission application was Withdrawn On 21 August 2020 for Erection of a dwellinghouse (in part retrospect) 9 20/01433/FLL Full Planning Permission was Approved On 28 July 2021 for Erection of a dwellinghouse (in part retrospect) ENVIRONMENTAL IMPACT ASSESSMENT 10 The proposal is not EIA development. PRE-APPLICATION CONSULTATION 11 Pre application Reference: 24/00005/PREAPL. DEVELOPMENT PLAN 12 The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. National Planning Framework 4
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13 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve people’s lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 14 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 6: Forestry, Woodland and Trees • Policy 14: Design, Quality and Place • Policy 16: Quality Homes • Policy 17: Rural Homes • Policy 22: Flood Risk and Water Management Perth and Kinross Local Development Plan 2019 15 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 16 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 15: Public Access • Policy 19: Housing in the Countryside • Policy 27A: Listed Buildings • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 39: Landscape • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 47: River Tay Catchment Area • Policy 52: New Development and Flooding • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage
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• Policy 53E: Water Environment and Drainage: Water Supply • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 17 • Supplementary Guidance - Air Quality (adopted in 2020) • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Housing in the Countryside (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) PKC NON STATUTORY GUIDANCE 18 • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity NATIONAL GUIDANCE 19 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 20 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements • PAN 69 Planning and Building standards Advice on Flooding • PAN 75 Planning for Transport • PAN 77 Designing Safer Places Creating Places 2013 21 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and
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contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 22 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 23 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. CONSULTATIONS 24 As part of the planning application process the following bodies were consulted: External 25 Scottish Water - Public water supply available. No public wastewater infrastructure in the area. Private arrangements are required. 26 Glen Lyon and Loch Tay Community Council - Object to proposals due to concerns with the impact on the River Tay, design, impact on the listed building, water supply, flood risk, access, residential amenity, lack of levels detail on the drawings and policy objections. Internal 27 Conservation - Conditions regarding landscaping and tree protection should be attached as per 20/01433/FLL. 28 Biodiversity/Tree Officer - No objection subject to conditions to adhere to the recommendations set out in the Bat Survey Report, provision of a Construction Method Statement and to enhance biodiversity. 29 Transportation and Development - No objection subject to condition requiring that the junction with the C448 is surfaced to current standards to prevent further deterioration of, and discharge of surfacing aggregate onto, the public road surface. 30 Development Contributions Officer - No developer contributions required. 31 Environmental Health (Noise Odour) - No objection. Woodburning stove informative recommended.
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32 Structures and Flooding - No objection. Further information on the characteristics of the burn requested. Flooding guidance informative recommended. 33 Environmental Health (Private Water) - No objection subject to condition with regard to the protection of existing private water supplies, septic tanks, soakaways etc and informatives concerning existing wayleaves and responsibility for compliance with private water legislation. REPRESENTATIONS 34 5 representations were received objecting to the proposal. This included an objection from Glen Lyon and Loch Tay Community Council. The main issues raised within the representations are: • Flood risk – including flooding of access track • Private water supply – impact on existing supply and lack of detail of how new property will connect to the private water supply. Garth private supply is not suitable. • Loss of trees • Access – impact on vennel, difficult to access for fire engines and to empty the septic tank • Drainage – lack of detail of foul and surface water drainage • Contrary to policy - housing in the countryside, lack of defined boundaries, ribbon development • Residential amenity – proximity to boundaries, privacy and overlooking • Impact on setting of listed building • Design – out of character, scale, massing, too big, lack of sunlight/daylight in the house, • Smoke – from woodburning stove will impact on Gentian House • Impact on River Tay catchment • Lack of datum points/levels on drawings 35 These issues are addressed in the Appraisal section of the report. The last point due to information missing from the drawings has been rectified with revised drawings showing datum points and levels. There were also concerns with the position of the northeastern boundary however this issue has not been resolved and the red line, whilst different to the previous permission reflects the landownership boundaries of the site.
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ADDITIONAL STATEMENTS 25 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal AA not required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Tree Survey Report and Ecology Report submitted APPRAISAL 37 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. 38 In this instance, section 14(2) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such an application as this to have special regard to the desirability of preserving the building or its setting or any features of special architectural or historic interest which it possesses. Principle 39 The site is within an area where Policy 19: Housing in the Countryside, of LDP2 and its associated Housing in the Countryside Supplementary Guidance (SG) applies. This supports housing development in the countryside where it supports the viability of communities, meets development needs in appropriate locations, safeguards the character of the countryside and ensures that a high standard of siting and design is achieved. 40 To that end the development of single houses or groups of houses which fall within at least one of the following categories will be supported: • Building Groups • Infill site • New houses in the countryside on defined categories of sites as set out in section 3 of the Supplementary Guidance • Renovation or replacement of houses
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• Conversion or replacement of redundant non-domestic buildings • Development on rural brownfield land. 41 The proposal could be considered under either the building group category or the conversion of redundant non-domestic buildings. Development on the site was previously considered under the housing in the countryside policy. This category is still relevant. Objectors highlight the lack of natural boundaries of the site particularly to the northwest where there is a post and wire fence. However, the site has previously been considered to meet the building group criteria and site characteristics have not changed. The development is sited on the edge of the existing grouping of buildings at Garth and would add one dwellinghouse to the group. All development should respect the character, scale and form of the existing group, and be well integrated into the existing layout and building pattern and subject to a high standard of residential amenity being provided. 42 The principle of a dwellinghouse on the site has previously been accepted in terms of the current Local Development Plan. National Planning Framework 4 Policy 17, Rural Homes is also relevant. This promotes the development of rural homes, to ensure the needs of communities are met in a sustainable way. Policy 17a lists areas where new homes in rural areas will be supported. These should be suitably scaled, sited and designed to be in keeping with the character of the area and the development: The following criteria need to be met: i. is on a site allocated for housing within the LDP; ii. reuses brownfield land where a return to a natural state has not or will not happen without intervention; iii. reuses a redundant or unused building; iv. is an appropriate use of a historic environment asset or is appropriate enabling development to secure the future of historic environment assets; v. is demonstrated to be necessary to support the sustainable management of a viable rural business or croft, and there is an essential need for a worker (including those taking majority control of a farm business) to live permanently at or near their place of work; vi. is for a single home for the retirement succession of a viable farm holding; vii. is for the subdivision of an existing residential dwelling; the scale of which is in keeping with the character and infrastructure provision in the area; or viii. reinstates a former dwelling house or is a one-for-one replacement of an existing permanent house. 43 In this case, criteria iii is relevant as the proposal includes the re-use of an existing building. The site history is also a relevant material consideration with the principle of development being previously established on the site. 44 The principle of development is accepted. The detail is considered below.
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Design and Layout 45 Placemaking policies 1A and 1B of LDP2 and policy 14 of NPF4 seek to ensure that the design and scale of development respects its surroundings. Further guidance is also provided within the associated Placemaking Supplementary Guidance. 46 The proposal is for a one and a half storey dwellinghouse. The ground floor contains the main living/dining/kitchen area with doors on the northeast to access a wrap around terrace area. One bedroom is located on the ground floor with three at first floor level. There is also a gym/study area at first floor level. The existing out-building is to be retained and incorporated into the proposals as a workshop and car port/garage. The original plans included windows on the southeast gable of the new house. These were removed due to concerns with the potential for overlooking of neighboring property. 47 The proposed material finish of the development includes stone, slate and render all of which are found in the local area. Grey timber doors and windows are proposed with black uPVC rainwater goods. 48 It is noted in the Design Statement that the existing egg house building will be used as temporary accommodation and welfare facilities whilst the new house is under construction. A condition will be added to require full details of the material finish (Condition 3). 49 The scale, form and finish of the buildings and overall site layout is considered to respect the character and visual amenity of the area and therefore accord with Policies 1A and B of the LDP2 and Policy 14 of NPF4. Landscape 50 The site is within the Loch Tay Special Landscape Area (SLA). Policy 39: Landscape requires the landscape character of the area to be respected. Policy 40: Forestry, Woodland and Trees states that there is a presumption in favour of protecting woodland resources and that where the loss of woodland is unavoidable, mitigation measures in the form of compensatory planting will be required. 51 There are a number of trees on the site and a tree survey was submitted to support this planning application. Thirteen trees have been identified on the site. 4 trees require to be removed to allow for the proposed development. 3 of these trees were proposed for removal as part of the previously approved development. 52 The tree survey includes a tree protection plan showing the root protection areas for neighbouring trees and a Construction Exclusion Zone (CEZ). A full landscaping plan will be requested by condition (Condition 4) to compensate for the loss of the trees and to provide a robust landscaped setting for the property.
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A condition to require replacement planting within the first five years will also be added (Condition 5). 53 Subject to conditions to provide details of landscaping the proposal accords with policy 39 and 40 of LDP2 and policy 6 of NPF4. Residential Amenity 54 The Council’s Placemaking Supplementary Guidance states that windows should be positioned to avoid, or otherwise minimise, overlooking adjoining houses and private gardens and that windows of habitable rooms should generally be a minimum of 9m from rear boundaries which they overlook to ensure privacy of neighbouring properties is maintained. The closest neighbouring dwellinghouse is Gentian House where the distance from the southeast gable of the proposed house to the site boundary with Gentian House is between 0.7m and 2m. This elevation faces the garden ground of Gentian House. The initial proposal included a substantial amount of glazing on this gable. Following consultation and objections to the proposal the glazed element has been removed so that there will be no overlooking from this elevation. A condition is recommended to retain this as a blank gable with no openings (Condition 6). Whilst the garden ground of Gentian House is close to the new proposal Gentian House is around 20m to the southeast of the new house and will not be impacted in terms of overshadowing or overlooking. The boundary of Burn Cottage is around 0.7m from the southeast corner of the proposed new house. However Burn Cottage itself is some 28m away and will not be impacted in terms of residential amenity from the position of the new house. The boundary along the southeastern part of the site is well vegetated particularly on the neighbouring boundaries which again will reduce sightlines and visibility between the properties. The other property in proximity to the site is to the north west where the house Parras is around 90m from the site boundary and will not be impacted by the development. 55 The ridge of the new house will be around 2m higher than Gentian House, primarily due to it being on higher ground. The orientation of the properties means that there will not be any loss of daylight/sunlight due to the position and distances between the buildings. The proposed house benefits from ample private garden ground. Air Quality 56 Environmental Health has been consulted as a flue serving a wood burning stove is proposed. Perth and Kinross Council have a duty to assess biomass boilers for capacity within the range of 50kW to 20MW in terms of nitrogen dioxide and particulate matter based on their effect on air quality in the area. Though the application does not include any information on the stove, it is likely to be domestic sized and therefore Environmental Health has no adverse comments to make with regards to air quality.
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Odour 57 Poor installation and maintenance of woodburning stoves and inadequate dispersion of emissions can result in nuisance complaints with regards to smoke and smoke odour. In this case the flue exhaust for the stove will terminate above the roof ridge of the proposed dwellinghouse and emissions from the flue should disperse adequately protecting the residential amenity of neighbouring properties from smoke/odour. An informative note is recommended to highlight that smoke/odour could be further minimised using fuel recommended by the manufacturer (Note 6). Noise 58 The dwellinghouse will be fitted with air source heat pump which is expected to be domestic sized. As ASHPs are included under permitted development conditions to control the noise levels are no longer required but a standard informative will be added (Note 7). 59 Overall, the development is considered to be acceptable in terms of the impact on residential amenity of neighbours and the amenity of future occupiers and therefore accords with the LDP2 and NPF4 where it relates to residential amenity. Visual Amenity and Conservation Considerations 60 The site of the proposed development is to the north of Gentian House, a Category B listed building. The application site is on higher ground and concerns have been raised that the new dwellinghouse would impact on the setting of Gentian House. 61 Four trees are to be removed as part of the development. To ensure that the impact of this is mitigated additional landscaping will be required by condition (Condition 4). This was considered particularly important when permission on the site was previously granted. It was considered at that time that the approach to Gentian House from the southwest is particularly sensitive, and that additional planting would be beneficial to provide a stronger visual separation between the properties. This could include additional beech hedging to help to mitigate the landscape impact of the proposed house. A condition to require agreement of boundary treatment will also be added (Condition 7). Subject to conditional control to agree details of the proposed landscaping, including numbers, species and size, the impact on visual amenity is considered acceptable and the setting of Gentian House would be appropriately secured. The proposal is in accordance with policy 27A: Listed Buildings of LDP2 and policy 7: Historic Assets of NPF4. Roads and Access 62 Policy 60B: Transport Standards and Accessibility Requirements of LDP2 requires that new development does not impact on the road safety of the area.
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The National Roads Development Guide (NRDG) is also considered to be relevant as it provides detail on parking and access requirements. The hardstanding proposed in front of the house is sufficient for parking and turning of vehicles. The existing outbuilding on the site is to be incorporated into the design proposals and will be utilised in part as a car port. Vehicular access to the site is proposed via an existing shared, unadopted access track that meets the public road network at the C448. The shared access track serves multiple dwellings. To accommodate increased vehicular movement from the proposed development, it is recommended that the junction with the C448 is surfaced to current standards to prevent further deterioration of, and discharge of surfacing aggregate onto, the public road surface. 63 There have been concerns expressed by objectors that the final section of the access is narrow and poses difficulties for large vehicles accessing the site such as for construction, service vehicles and emergency vehicles. This is largely an existing issue and one that will require consideration of by the developer during construction. 64 The level of car parking proposed is acceptable and in line with the National Roads Development Guide. A condition will be added to ensure that the junction with the C448 public road is surfaced to current standards (Condition 8). A condition will be attached to ensure that surface water run-off during construction is controlled to protect the local water environment and neighbouring property (Condition 9). 65 In terms of all road related matters, the proposal is acceptable and in accordance with the requirements of Policy 60 of LDP2. Drainage and Flooding Flood Risk 66 There is a burn running through the site to the northeast. The Council’s Flood Team was consulted and requested further information on the burn as due to its size it is not captured in the SEPA indicative flood maps. Information on the culvert immediately downstream of the property was also requested together with details of site topography pre and post development. Following assessment of the additional information Flooding and Structures had no further comment to make and were satisfied with the proposal. Drainage 67 Following Flooding and Structures comments on the proposal a more detailed drainage strategy for the site was provided. The proposals include surface and foul water treatment to the northeast of the building and an additional surface water discharge facility to the southwest. The foul soakaway is positioned 5m from boundaries and 5m to the northeast of the proposed dwellinghouse which is required by building regulations. Further assessment of this will be provided as
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part of the application for a building warrant. The provision of a wastewater treatment plant is covered by the building regulations and is dealt with as part of the technical assessment process. This will ensure the foul drainage is to an appropriate standard. 68 The proposal indicates two surface water soakaways as part of the proposed drainage layout. This information was not provided initially however PKC Flooding and Structures are content with the proposals. A condition (Condition 10) to require full details of surface water drainage will be added to the permission to ensure that surface water is discharged appropriately. 69 The proposal is in accordance with policy 53B: Foul Drainage and 53C: Surface Water Drainage of LDP2 and policy 22 of NPF4 (Flood Risk and Water Management) Private Water 70 Policy 22d), Flood Risk and Water Management of NPF4 states that “Development proposals will be supported if they can be connected to the public water mains. If connection is not feasible, the applicant will need to demonstrate that water for drinking water purposes will be sourced from a sustainable water source that is resilient to periods of water scarcity”. 71 In this case the house is to be constructed in a hamlet with private water supplies (including Garth House) believed to serve properties in the vicinity. The public water main runs along the minor road connecting Coshieville to Fortingall and it is understood at least one property in the Garth community is connected to this main. Scottish Water have indicated that there is sufficient capacity in Killiecrankie Water Treatment Works to service the development. The applicant has indicated that they will use a private water supply, however there are no details if a connection is to be made to the existing supply or if a new private supply will be provided. Public objections relating to the water supply, including representations from Glenlyon and Loch Tay Community Council have been received. The issues of concern appear to relate to possible damage of the existing private supply distribution network from increased and heavy traffic on the access road under which this pipework is laid and claims that the existing private water supply runs out and further connections to this supply would adversely affect all current users. The private water supply team were consulted and advise that no records or maps of the supply pipework and no information as to the sufficiency of the supply is held by the Council. 72 A condition and informative notes were attached to the last permission on the site and it is considered appropriate to attach these again (Condition 11 and Notes 8 and 9). Compliance with these will ensure the new development has an adequate and consistently wholesome supply of water and to maintain water quality and supply in the interests of residential amenity and ensure the private water supply or septic drainage systems of neighbours of the development remain accessible for future maintenance.
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73 Subject to conditional control and informatives the proposal is considered to accord with policy 22 of NPF4. Waste Collection 74 The application advises that the proposed bin storage area is in accordance with Perth and Kinross Council guidelines with an area for bin storage being shown on the proposed layout plan. An informative note will be added to ensure the applicant is aware of waste service requirements (Note 14) and that the Council charges for new bin provision (Note 15). Natural Heritage and Biodiversity 75 Policy 41, Biodiversity of LDP2 and policy 3: Biodiversity of NPF4 seek to ensure that all wildlife and habitats, whether formally designated or not are protected and enhanced. Planning permission will not be granted for development likely to have an adverse effect on protected species unless clear evidence can be provided that the ecological impacts can be satisfactorily mitigated. European Protected Species 76 All bat species found in Scotland are classed as European protected species. They receive full protection under the Conservation (Natural Habitats, &c.) Regulations 1994 (as amended) making it an offence to disturb a bat in a roost, obstruct access to a roost and damage or destroy a breeding or resting place of such an animal. The impact of development on protected species must be understood before planning permission can be granted. 77 A Bat Survey Report has been submitted and it is noted by the Biodiversity Officer that all methods in the submitted Bat Survey Report are in accordance with best practice. Activity surveys carried out in June 2024 confirmed the presence of bats. Due to the presence of bat roosts, no works can be undertaken before a derogation licence from NatureScot (formerly Scottish Natural Heritage) has been issued. The submitted Bat Survey Report contains sufficient information for the planning authority to be satisfied that all three tests are likely to be met. The same tests need to be passed in order for NatureScot to issue a licence. Breeding Birds 78 For all wild bird species in Great Britain, it is an offence to intentionally or recklessly kill, injure or take a bird; take, damage, destroy or interfere with a nest of any bird while it is in use or being built; or obstruct or prevent any bird from using its nest.
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Biodiversity Enhancement 79 NPF4 requires local planning applications to include appropriate measures for biodiversity enhancement that are proportionate to the nature and scale of the development. 80 The submitted Bat Survey Report recommends there is potential to enhance roosting opportunities for bats by installing bat boxes and bird nesting boxes. This is welcomed as a positive measure for biodiversity and will be conditioned (Conditions 12-14). A landscaping condition (Condition 4) will also be attached to ensure that compensatory planting is carried out for the trees that are being felled and to further enhance the biodiversity of the site. 81 The proposal with the addition of conditions in relation to landscaping, birds, biodiversity enhancement and trees complies with the tree and biodiversity polices of LDP2 and NPF4. River Tay Special Area of Conservation (SAC) 82 Policy 38A, International Nature Conservation Sites of LDP2 seeks to ensure that development does not impact on sites designated under the Habitats or Birds Directive (Special Areas of Conservation and Special Protection Areas). The River Tay Special Area of Conservation (SAC) is located approximately 200m to the south. As mentioned above a temporary surface water treatment facility is to be requested by condition (Condition 9) with a permanent sustainable urban drainage system also being required (Condition 10). A condition requiring a Construction Method Statement is also recommended (Condition 15). These safeguards together with the distance from the River Tay SAC will ensure that the development does not have an impact on the Tay SAC and as such is in accordance with Policy 38A. Low and Zero Carbon Generating Technologies 83 LDP2 Policy 32 ‘Embedding Low and Zero Carbon Generating Technology in New Development’ states that proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. As this proposal includes the erection of a new building, consideration must be given to this requirement. Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that development should be designed to reduce green gas emissions. In this instance the design statement refers to the use of renewable technologies such as air source heat pump and photovoltaic panels to ensure a low carbon development. The proposal therefore complies with policy 32 of LDP2.
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Developer Contributions Primary Education 84 The Council Developer Contributions Supplementary Guidance requires a financial contribution towards increased primary school capacity in areas where a primary school capacity constraint has been identified. A capacity constraint is defined as where a primary school is operating at over 80% and is likely to be operating following completion of the proposed development, extant planning permissions and Local Development Plan allocations, at or above 100% of total capacity. 85 This proposal is within the catchment of Breadalbane Academy Primary School. Education & Children’s Services have no capacity concerns in this catchment area at this time. No developer contributions are required. 86 The proposal is in accordance with Policy 5: Infrastructure Contributions of LDP2 and the Developer Contributions and Affordable Housing Supplementary Guidance. Economic Impact 87 The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. VARIATION OF APPLICATION UNDER SECTION 32A 88 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 include flood risk and drainage information. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 89 None required. DIRECTION BY SCOTTISH MINISTERS 90 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. CONCLUSION AND REASONS FOR RECOMMENDATION 91 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local
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Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly the proposal is recommended for approval subject to the following conditions. RECOMMENDATION Approve the application subject to the following conditions: Conditions and Reasons for Recommendation 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason - To ensure the development is carried out in accordance with the approved drawings and documents. 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 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. 4. Prior to the commencement of the development hereby approved, a detailed landscaping and planting scheme for the site shall be submitted for the written agreement of the Council as Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and installation methods and, species, height, size and density of trees and shrubs to be planted. The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained to the satisfaction of the Council as Planning Authority.
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Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 5. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar size, species and number to the satisfaction of the Council as Planning Authority. Reason - In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 6. No windows or other openings shall be formed in the southeast gable elevation of the dwellinghouse hereby approved. Reason - In the interests of residential amenity; in order to safeguard the privacy and amenity of the residents of the neighbouring dwellinghouse(s). 7. Prior to the commencement of the development hereby approved, details of the proposed boundary treatments for the site shall be submitted to and agreed by the Council as Planning Authority. The scheme as subsequently agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 8. Prior to the development hereby approved being completed or brought into use, the vehicular access junction with the C448 shall be surfaced in accordance with Perth & Kinross Council's Road Development Guide, using the Construction Type B from the Construction Details for Access Types, C, D and E. The Type B Road construction detail shall continue into the entrance for a minimum distance of 5 metres from the boundary of the public road surface. Reason - In the interests of road safety 9. Concurrent with the initiation of the development hereby approved and for the duration of construction, a temporary surface water treatment facility which accords with Sustainable Urban Drainage System principles shall be implemented for the site and maintained for the duration of the approved development works. The temporary surface water treatment facility shall remain in place until the permanent surface water drainage scheme is implemented. 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. 10. Development shall not commence on site until a detailed sustainable urban drainage system (SUDS) has been submitted for the written agreement of the
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Council as Planning Authority, in consultation with SEPA where necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council's Flood Risk and Flood Risk Assessments Developer Guidance, and shall incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason - To ensure the provision of effective drainage for the site. 11. Prior to the commencement of the development hereby approved, details of the location and measures proposed for the safeguarding and continued operation, or replacement, of any septic tanks and soakaways, private water sources, private water supply storage facilities and/or private water supply pipes serving properties in the vicinity, sited within and running through the application site, shall be submitted to and approved in writing by the Council as Planning Authority. The subsequently agreed protective or replacement measures shall be put in place prior to the commencement of the development being brought into use and shall thereafter be so maintained insofar as it relates to the development hereby approved. Reason - To ensure the new development has an adequate and consistently wholesome supply of water and to maintain water quality and supply in the interests of residential amenity and ensure the private water supply or septic drainage systems of neighbours of the development remain accessible for future maintenance. 12. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document 07 Bat Survey Report Bird and Protected Species Assessment 16 July 2024 and document 08 Ecology Survey and Ecological Impact Assessment 14 August 2024 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. 13. An updated bat survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the bat survey approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 14. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, six nesting bricks/boxes shall be provided on the completed buildings in accordance with the recommendations in the supporting
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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. 15. Prior to works commencing, a Construction Method Statement must be provided outlining the measures to protect the watercourse from the impact of pollution and sediment to ensure no adverse effects on the River Tay SAC. Thereafter the CMS as agreed 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 order to ensure the development does not impact negatively on the nearby Special Area of Conservation. 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 None. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. 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
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the disposal of surface water should be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 5. A private wastewater treatment plant and septic tank should be provided with an access for desludging. The desludging tanker should be provided with access to a working area that: • will provide a clear route for the suction hose from the tanker to the tank, and • is not more than 25m from the tank where it is not more than 4m higher than the invert level of the tank, and • is sufficient to support a vehicle axle load of 14 tonnes. 6. The approved stove system shall be installed and thereafter operated and maintained in accordance with the manufacturer's recommendations, such that smoke odours are not exhausted into or escape into any neighbouring dwellings. Failure to do so may result in an investigation and possible action by Environmental Health under the Environmental Protection Act 1990. 7. The Air Source Heat Pump shall be certificated in accordance with Microgeneration Certification Scheme 007 and installed by an installation company certificated in accordance with Microgeneration Installation Standard 3005 and in compliance with the calculation procedure contained in Table 2 of Microgeneration Certification Scheme Planning Standards (MCS 020), confirming that the permitted development noise limit of 42 dB LAeq, 5 mins will be met. In addition, the Air Source Heat Pump 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. 8. The applicant should ensure that any existing wayleaves for maintenance or repair to existing private water supply or septic drainage infrastructure in the development area are honoured throughout and after completion of the development. 9. The applicant shall ensure the private water supply for the dwellinghouse/ development complies with the Water Scotland Act 1980 (Section 63), The Private Water Supplies (Scotland) Regulations 2006 and The Water Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017. Detailed information regarding the private water supply, including the nature, location and adequacy of the source, any storage tanks/ pipework and the filtration and disinfection treatment proposed to ensure provision of an adequate and consistently wholesome water supply shall be submitted to Perth and Kinross Council Environmental Health in line with the above Act and Regulations.
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10. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 11. The proposed demolition and/or building works likely to cause harm to bats should not commence until the applicant has obtained the relevant licence issued by NatureScot pursuant to Regulation 53 of The Conservation of Habitats and Species Regulations 2010 authorising the specified activity/development to go ahead. 12. Existing buildings or structures may contain nesting birds between 1st March and 31st August inclusive. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use or being built. Planning permission for a development does not provide a defence against prosecution under this Act. 13. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk. 14. 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. 15. 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. 16. 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 include flood risk and drainage information. Background Papers: 5 letters of representation Contact Officer: Persephone Beer Date: 19 December 2024 DAVID LITTLEJOHN STRATEGIC LEAD - ECONOMY, DEVELOPMENT AND PLANNING