Minute of meeting of 8 January 2025
Perth and Kinross Council · 12 February 2025
Back to Planning and Placemaking Committee — 12 February 2025 and its agenda
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Planning and Placemaking Committee Minute of hybrid meeting of the Planning and Placemaking Committee held in the Council Chambers, 2 High Street, Perth, on Wednesday 8 January 2025 at 9.30am. Present: Councillors I Massie (up to and including Item 5(1)(i)), G Stewart, K Allan, B Brawn, D Cuthbert, K Harvey, D Illingworth, I James, Bailie C McLaren, R Watters, and Bailie M Williamson. In Attendance: S Merone, L MacLean, C Morilly, L Reid, K Smith, and P Williamson (all Economy, Development and Planning); A Brown, G Fogg, S Dockerill, M Pasternak and R Ramsay (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 The were no Declarations of Interest made in terms of the Councillors Code of Conduct. 3. Minutes The Minute of Meeting of Planning and Placemaking Committee of 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) 5. Applications for Determination (1) Local Application (i) 24/01297/FLL – Alterations and extension to outbuilding to form dwellinghouse and garage/workshop, land 35 metres north west of Gentian, Fortingall, Aberfeldy, PH15 2LH (Report No. 25/1)
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Ms A Brown read out a statement on behalf of Glenlyon and Loch Tay Community Council, objectors to the application and Mr R Taylor, on behalf of the applicant, addressed the committee, and answered Members questions. Motion (Councillor B Brawn and Bailie M Williamson) Approve, in accordance with Report 25/1 with the additional/amended conditions to: (i) augment the proposed conditions in relation to private water supply; and (ii) make additional provision in relation to specimen in the replating programme. Amendment (Councillors R Watters and D Cuthbert) Approve, in accordance with Report 25/1 with the additional/amended conditions to: (i) augment the proposed conditions in relation to private water supply; (ii) make additional provision in relation to specimen in the replating programme; and (iii) make additional provision in terms of a conditions to ensure delivery of low carbon technologies. In terms of Standing Order 21.5 a roll call vote was taken. 7 members voted for the Motion as follows: Councillors K Allan, B Brawn, D Illingworth, I James, I Massie, Bailie C McLaren and Bailie M Williamson. 4 members voted for the Amendment as follows: Councillors D Cuthbert, K Harvey, G Stewart and R Watters. Resolved: Grant, subject to the following terms, amended 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.
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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; • compensatory planting including the inclusion of specimen tree species, as mitigation for the loss of specimen trees; • tree protection strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction, including in relation to potential impact on hedging in adjacent property; and, • species, height, size and density of trees and shrubs to be planted (with a suggested inclusion of hornbeam at a minimum height of 60cm). The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 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.
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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 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
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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. This should also include a report detailing how existing and proposed supplies shall be maintained/achieved specifically in respect of : qualitatively and quantitively, catchments, abstraction points and connections, and to record and substantiate how these will not be adversely affected. The report should address both existing demand on the private water supply and the projected demand of the development hereby approved. 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.
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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 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. 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.
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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. 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
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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. 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
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and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to include flood risk and drainage information. (Councillor I Massie left the meeting at this point and Councillor G Stewart took the chair.) 6. Proposal of Application Notices (PAN) (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, DD2 5HT (Report No. 25/2) Mr P Williamson provided a short verbal update. Paragraph 4 of Report 25/2 refers to an event being held on 14 December 2024, this did not take place. Alternative dates for this event have been arranged for 8 and 22 January 2025, both 1pm – 7pm at Longforgan Bowling Club. Councillor D Illingworth requested due consideration be given to screening and the route of the cabling connection to the substation to try and avoid the digging up of roads. Councillor I James requested due consideration be given to potential noise hazards of the facility and appropriate noise mitigation measures. Councillor K Harvey requested due consideration be given to traffic management due to narrow access routes and existing road issues in the area. Bailie M Williamson requested due consideration be given to necessary ecological surveys, including the potential for badgers undermining the site. The contents of the Report by the Strategic Lead – Economy, Development and Planning, were noted.