Democracy Spraffa

Agenda Document Pack - Planning and Placemaking Committee - 08/01/2025

Perth and Kinross Council · 8 January 2025
Back to Planning and Placemaking Committee — 8 January 2025 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

Ambition | Compassion | Integrity 
Our vision is for 
a Perth and Kinross where everyone can live life
well, free from poverty and inequalities 
Council Building
2 High Street
Perth
PH1 5PH 
19/12/2024 
A hybrid meeting of the Planning and Placemaking Committee will be held in the
Council Chambers (Hybrid) on Wednesday, 08 January 2025 at 09:30. 
If you have any queries please contact Democratic Services on (01738) 475000 or
email Committee@pkc.gov.uk. 
THOMAS GLEN
Chief Executive 
Those attending the meeting are requested to ensure that all notifications are
silent on their device and other devices are in silent mode. 
Please note that the meeting will be broadcast online and recorded.  The
recording will be publicly available on the Council’s website following the
meeting. 
Members:
Councillor Ian Massie  (Convener)
Councillor Grant Stewart  (Vice-Convener)
Councillor Keith Allan
Councillor Bob Brawn
Councillor Dave Cuthbert
Councillor Ken Harvey
Councillor David Illingworth
Councillor Ian James
Bailie Claire McLaren
Councillor Richard Watters
Bailie Mike Williamson
Page 1 of 92

Page 2

Page 2 of 92

Page 3

Planning and Placemaking Committee 
Wednesday, 08 January 2025 
AGENDA 
MEMBERS ARE REMINDED OF THEIR OBLIGATION TO DECLARE ANY
FINANCIAL OR NON-FINANCIAL INTEREST WHICH THEY MAY HAVE IN ANY
ITEM ON THIS AGENDA IN ACCORDANCE WITH THE COUNCILLORS’ CODE
OF CONDUCT. 
1 WELCOME AND APOLOGIES/SUBSTITUTES   
2 DECLARATIONS OF INTEREST   
3 MINUTE OF MEETING OF THE PLANNING AND
PLACEMAKING COMMITTEE OF 11 DECEMBER 2024 FOR
APPROVAL
(copy herewith) 
5 - 56 
4 DEPUTATIONS   
5 APPLICATIONS FOR DETERMINATION   
5(1)  LOCAL APPLICATIONS   
5(1)(i)  24/01297/FLL - ALTERATIONS AND EXTENSION TO
OUTBUILDING TO FORM DWELLINGHOUSE AND
GARAGE/WORKSHOP AND ASSOCIATED WORKS, LAND 35
METRES NORTH WEST OF GENTIAN, FORTINGALL,
ABERFELDY, PH15 2LH
Report of Handling by Strategic Lead - Economy, Development
and Planning (copy herewith 25/1) 
57 - 82 
6 PROPOSAL OF APPLICATION NOTICES (POAN)   
6(i)  24/00013/PAN - FORMATION OF A 49.9MW BATTERY
STORAGE SYSTEM AND ASSOCIATED WORKS, LAND 380
METRES NORTH EAST OF ST ANNES, MONORGAN,
LONGFORGAN, DUNDEE, DD2 5HT
Pre-Application Report by Strategic Lead - Economy,
Development and Planning (copy herewith 25/2) 
83 - 92
Page 3 of 92

Page 4

Page 4 of 92

Page 5

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.
3
Page 5 of 92

Page 6

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: 
Page 6 of 92

Page 7

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
Page 7 of 92

Page 8

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;
Page 8 of 92

Page 9

(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
Page 9 of 92

Page 10

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
Page 10 of 92

Page 11

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
Page 11 of 92

Page 12

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
Page 12 of 92

Page 13

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
Page 13 of 92

Page 14

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.
Page 14 of 92

Page 15

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
Page 15 of 92

Page 16

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
Page 16 of 92

Page 17

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
Page 17 of 92

Page 18

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.
Page 18 of 92

Page 19

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
Page 19 of 92

Page 20

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.
Page 20 of 92

Page 21

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. 
Page 21 of 92

Page 22

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.
Page 22 of 92

Page 23

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
Page 23 of 92

Page 24

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;
Page 24 of 92

Page 25

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.
Page 25 of 92

Page 26

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.
Page 26 of 92

Page 27

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.
Page 27 of 92

Page 28

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
Page 28 of 92

Page 29

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.
Page 29 of 92

Page 30

(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.
Page 30 of 92

Page 31

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.
Page 31 of 92

Page 32

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.
Page 32 of 92

Page 33

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. 
Page 33 of 92

Page 34

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.  
Page 34 of 92

Page 35

(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.
Page 35 of 92

Page 36

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.
Page 36 of 92

Page 37

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. 
Page 37 of 92

Page 38

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
Page 38 of 92

Page 39

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
Page 39 of 92

Page 40

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
Page 40 of 92

Page 41

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
Page 41 of 92

Page 42

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.
Page 42 of 92

Page 43

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.
Page 43 of 92

Page 44

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
Page 44 of 92

Page 45

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. 
Page 45 of 92

Page 46

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.
Page 46 of 92

Page 47

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:
Page 47 of 92

Page 48

(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
Page 48 of 92

Page 49

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
Page 49 of 92

Page 50

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. 
Page 50 of 92

Page 51

(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
Page 51 of 92

Page 52

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
Page 52 of 92

Page 53

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
Page 53 of 92

Page 54

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
Page 54 of 92

Page 55

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. 
Page 55 of 92

Page 56

(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. 
Page 56 of 92

Page 57

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
5(1)(i)
Page 57 of 92

Page 58

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 
Page 58 of 92

Page 59

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
Page 59 of 92

Page 60

• 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
Page 60 of 92

Page 61

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.
Page 61 of 92

Page 62

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. 
Page 62 of 92

Page 63

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
Page 63 of 92

Page 64

• 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.
Page 64 of 92

Page 65

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. 
Page 65 of 92

Page 66

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.  
Page 66 of 92

Page 67

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.
Page 67 of 92

Page 68

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
Page 68 of 92

Page 69

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.   
Page 69 of 92

Page 70

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. 
Page 70 of 92

Page 71

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. 
Page 71 of 92

Page 72

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
Page 72 of 92

Page 73

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.
Page 73 of 92

Page 74

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
Page 74 of 92

Page 75

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
Page 75 of 92

Page 76

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
Page 76 of 92

Page 77

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.
Page 77 of 92

Page 78

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 
Page 78 of 92

Page 79

Ü
Alterations and extension to outbuilding to form dwellinghouse and garage/workshop and associated works
on Land 35 Metres North West Of Gentian Fortingall Aberfeldy PH15 2LH
24/01297/FLL
Scale
1:15,000
Planning and Placemaking Committee - 8 January
2025
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
5(1)(i)
Page 79 of 92

Page 80

Page 80 of 92

Page 81

Ü
Alterations and extension to outbuilding to form dwellinghouse and garage/workshop and associated works
on Land 35 Metres North West Of Gentian Fortingall Aberfeldy PH15 2LH
24/01297/FLL
Scale
1:5,000
Planning and Placemaking Committee - 8 January
2025
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
5(1)(i)
Page 81 of 92

Page 82

Page 82 of 92

Page 83

Perth and Kinross Council
Planning and Placemaking Committee – 8 January 2025
Pre-Application Report by Strategic Lead - Economy, Development and Planning
(Report No. 25/2) 
PROPOSAL: Formation of a 49.9MW battery energy storage system and
associated works 
LOCATION: Land 380 metres north east of St Annes, Monorgan,
Longforgan, Dundee, DD2 5HT 
Ref. No: 24/00013/PAN 
Ward No: P1- Carse of Gowrie 
Summary 
This report is to inform the Committee of a potential forthcoming planning
application in respect of a major development for the formation of a 49.9MW
battery energy storage system and associated works on land 380 Metres North
East of St Annes, Monorgan, Longforgan, Dundee, DD2 5HT. The report also aims
to highlight the key planning policies and the likely stakeholders who would be
involved in the decision making process, and to offer a brief overview of the key
planning issues which are likely to be relevant to the proposal. 
BACKGROUND AND DESCRIPTION 
1. In accordance with the provisions of the Town & Country Planning (Scotland)
Act 1997 (as amended), the applicants submitted a Proposal of Application
Notice (PoAN) on 5 November 2024. The purpose of this report is to inform
the Planning and Placemaking Committee of a forthcoming planning
application in respect of a major development for the formation of a 49.9MW
battery energy storage system and associated works. Pre-application reports
give the Committee an opportunity to raise issues which it would like to see
addressed in the planning application. 
2. This PoAN seeks to formally establish a major development. The exact range
of uses, scale and design of the development will be arrived at during pre-
application discussions. 
ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 
3. Due to the scale of the proposal it will require to be screened as to whether
the proposal is an EIA development under the EIA 2017 Regulations. A
screening request is required to be submitted by the applicant. 
6(i)
Page 83 of 92

Page 84

PRE-APPLICATION PROCESS 
4. The PoAN (reference 24/00013/PAN) confirmed that two public exhibitions
will be held at Errol Village Hall, Errol, PH2 7QH. The first event on
26 November 2024 between 12pm and 6pm and the second event on
14 December 2024 between 12pm and 6pm (due to unforeseen
circumstances this event did not take place). The Ward Councillors,
Longforgan Community Council, and Invergowrie and Kingoodie Community
Council have been notified. The results of the community consultation will be
submitted with the planning application as part of the required Pre-Application
Consultation (PAC) Report.  It should be noted that following the first event
and cancellation of the second event, the applicant has indicated that they are
now proposing a further two events in January 2025 at Longforgan Bowling
Club, for which we are still in discussions regarding dates. The third event has
been proposed following feedback at the first event from attendees that Errol
Village Hall was not a practical location. 
DEVELOPMENT PLAN 
5. The Development Plan for the area comprises National Planning Framework
4 (NPF4) and the Perth and Kinross Local Development Plan 2 (2019)
(LDP2). 
National Planning Framework 4 
6. The National Planning Framework 4 (NPF4) is the Scottish Government’s
long-term spatial strategy with a comprehensive set of national planning
policies.  This strategy sets out how to improve people’s lives by making
sustainable, liveable and productive spaces.   
7. NPF4 was adopted on 13 February 2023. NPF4 has an increased status over
previous NPFs and comprises part of the statutory development plan. 
8. The Council’s assessment of this application has considered the following
policies of NPF4: 
• Policy 1: Tackling the Climate and Nature Crisis
• Policy 2: Climate Mitigation and Adaptation
• Policy 3: Biodiversity
• Policy 4: Natural Places
• Policy 5: Soils
• Policy 6: Forestry, Woodland and Trees
• Policy 7: Historic Assets and Places
• Policy 11: Energy
• Policy 13: Sustainable Transport
• Policy 14: Design, Quality and Place
• Policy 15: Play, Recreation and Sport 
• Policy 20: Blue and Green Infrastructure
• Policy 22: Flood Risk and Water Management 
Page 84 of 92

Page 85

Perth and Kinross Local Development Plan 2019 
9. The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for
the area and states that, “Our vision is of a Perth and Kinross which is
dynamic, attractive and effective which protects its assets whilst welcoming
population and economic growth.” It is the most recent statement of Council
policy and is augmented by Supplementary Guidance. 
The principal relevant policies are, in summary; 
• Policy 1A: Placemaking 
• Policy 1B: Placemaking
• Policy 2: Design Statements  
• Policy 6: Settlement Boundaries 
• Policy 15: Public Access 
• Policy 26B: Scheduled Monuments and Archaeology: Archaeology
• Policy 27A: Listed Building
• Policy 31: Other Historic Environment Assets 
• Policy 33A: Renewable and Low Carbon Energy: New Proposals for
Renewable and Low-Carbon Energy
• Policy 35: Electricity Transmission Infrastructure
• Policy 38A: Environment and Conservation: International Nature
Conservation Sites
• Policy 38B: Environment and Conservation: National Designations
• Policy 38C: Environment and Conservation: Local Designations
• Policy 39: Landscape 
• Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and
Development
• Policy 41: Biodiversity 
• Policy 42: Green Infrastructure 
• Policy 47: River Tay Catchment Area
• Policy 50: Prime Agricultural Land 
• Policy 51: Soils
• Policy 52: New Development and Flooding 
• Policy 53C: Water Environment and Drainage: Surface Water Drainage
• Policy 53E: Water Environment and Drainage: Water Supply
• Policy 55: Nuisance from Artificial Light and Light Pollution
• Policy 56: Noise Pollution 
• Policy 58A: Contaminated and Unstable Land: Contaminated Land
• Policy 60A: Transport Standards and Accessibility Requirements:
Existing Infrastructure
• Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals
• Policy 61: Airfield Safeguarding 
OTHER POLICIES 
10. The following non statutory guidance and documents are of particular
importance in the assessment of this application: 
Page 85 of 92

Page 86

• Supplementary Guidance - Airfield Safeguarding (adopted in 2020)
• Supplementary Guidance - Developer Contributions & Affordable
Housing (adopted in 2020)
• Supplementary Guidance - Flood Risk and Flood Risk Assessments
(adopted in 2021)
• Supplementary Guidance - Green & Blue Infrastructure (adopted in
2020)
• Supplementary Guidance - Landscape (adopted in 2020)
• Supplementary Guidance - Placemaking (adopted in 2020)
• Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs
SAC and the River Tay SAC
• Planning Guidance - Planning & Biodiversity
• Supplementary Guidance - Renewable & Low Carbon Energy (draft)
• Perth and Kinross Community Plan 2013/2023
• Perth and Kinross Local Transport Strategy (2010) 
NATIONAL GUIDANCE 
11. The Scottish Government expresses its planning policies and guidance
through the National Planning Framework, Planning Advice Notes, Creating
Places, Designing Streets, National Roads Development Guide and a series
of Circulars.   
Planning Advice Notes 
12. The following Scottish Government Planning Advice Notes are likely to be of
relevance to the proposal: 
• PAN 2/2011 Planning and Archaeology
• PAN 3/2010 Community Engagement
• PAN 40 Development Management
• PAN 51 Planning, Environmental Protection and Regulation
• PAN 61 Planning and Sustainable Urban Drainage Systems
• PAN 73 Rural Diversification
• PAN 75 Planning for Transport
• Energy Storage: Planning Advice (2011) 
PLANNING SITE HISTORY 
13. None. 
CONSULTATIONS 
14. As part of the planning application process the following would be consulted: 
External 
• Scottish Environment Protection Agency
• NatureScot
Page 86 of 92

Page 87

• Scottish Water
• Historic Environment Scotland 
• Forestry Commission Scotland
• Health and Safety Executive 
• Perth and Kinross Heritage Trust 
• Longforgan Community Council
• Invergowrie and Kingoodie Community Council
• Dundee Airport
• RSPB
• Scottish Fire and Rescue 
Internal 
• Environmental Health (Contaminated Land, Private Water, Noise/Odour)
• Planning and Housing Strategy
• Development Contributions Officer
• Community Greenspace including Access
• Transportation and Development
• Structures and Flooding
• Biodiversity Officer 
KEY ISSUES AGAINST WHICH A FUTURE APPLICATION WILL BE
ASSESSED 
15. The key considerations against which the eventual application will be
assessed include: 
a.  Visual Impact 
b.  Scale, Design and Layout 
c.  Relationship to Nearby Land Uses 
d.  Natural Heritage and Ecology
e.  Landscape
f.  Water Resources and Soils 
g.  Air Quality  
h.  Transport Implications 
i.  Tourism and Economy 
j.  Impact on Agriculture
k.  Archaeology and Cultural Heritage 
ADDITIONAL STATEMENTS WHICH WILL BE REQUIRED 
16. Should an EIA Report not be required the following supporting documents will
need to be submitted with any planning application: 
• Planning Statement
• Design and Access Statement
• Pre-Application Consultation (PAC) Report
• Economic Impact Assessment 
• Transport Assessment
• Flood Risk and Drainage Assessment
Page 87 of 92

Page 88

• Landscape and Visual Impact Assessment
• Tree and Woodland Survey
• Habitat Survey
• Archaeological Assessment
• Sustainability Assessment
• Grid Connection Site Survey
• Construction Method Statement 
CONCLUSION AND RECOMMENDATION 
17. This report summarises the key issues which should be considered as part of
the appraisal of any subsequent planning application which may be lodged in
respect of this development and members are recommended to note these
key issues and advise officers of any other issues which they consider should
be included as part of the application and assessment.  
Background Papers: None
Contact Officer: Kirsty Strong
Date: 20 December 2024 
DAVID LITTLEJOHN
STRATEGIC LEAD – ECONOMY, DEVELOPMENT AND PLANNING 
Page 88 of 92

Page 89

Ü
Formation of a 49.9MW battery energy storage system and associated works on land 380 metres North
East of St Annes, Monorgan, Longforgan, DD2 5HT
24/00013/PAN
Scale
1:15,000
Planning and Placemaking Committee - 8 January
2025
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
6(i)
Page 89 of 92

Page 90

Page 90 of 92

Page 91

Ü
Formation of a 49.9MW battery energy storage system and associated works on land 380 metres North
East of St Annes, Monorgan, Longforgan, DD2 5HT
24/00013/PAN
Scale
1:5,000
Planning and Placemaking Committee - 8 January
2025
© Crown copyright [and database rights] 2024 OS
AC0000805756. You are permitted to use this data solely to
enable you to respond to, or interact with, the organisation
that provided you with the data. You are not permitted to
copy, sub-licence, distribute or sell any of this data to third
parties in any form.
6(i)
Page 91 of 92

Page 92

Page 92 of 92