24/01303/Amm
Perth and Kinross Council · 12 February 2025
Back to Planning and Placemaking Committee — 12 February 2025 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee – 12 February 2025 Report of Handling by Strategic Lead - Economy, Development and Planning (Report No. 25/30) PROPOSAL: Construction of Bertha Park link road between phase 1 at Bertha Park high school and phase 2 new A9 west roundabout and associated works (approval of matters specified in conditions of 18/01800/IPM) LOCATION: Land at Bertha Park, Perth Ref. No: 24/01303/AMM Ward No: P5- Strathtay Summary This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. Background and Description of Proposal 1 The application seeks the detailed approval for a link road connecting Bertha Park to the Cross Tay Link Road (CTLR) and A9. The development is a major road infrastructure project proposed by Perth & Kinross Council (PKC) and is the third phase (of four) within the Perth Transport Futures Project (PTFP) which it was in June 2013. The first phase comprised the A9/A85 Junction Improvement and Link Road to Bertha Park (completed in May 2019). Phase 2 comprises the CTLR and realignment of the A9 (parts of the project are complete and open to members of the public, with the project due to be fully open to the public in Spring 2025). The current proposal will connect phases 1 and 2. 2 The new road travels north from the existing roundabout adjacent to Bertha Park High School, passing between the residential properties of the Bertha Park village. The route then passes through areas of farmland and forestry before meeting the new A9 west roundabout and CTLR.
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3 The project consists of the following main elements: • A link road with an have an overall length of 1.4km. It will comprise a 7.3m wide single carriageway road surfaced with asphalt; • A 3m wide shared cycle route along the east side of the road with a 1.5m separation strip; • Two new roundabouts: - Parkland Roundabout – west facing arm ties into Bertha Way (constructed by Springfield Properties’ development) and an east facing stub arm. - Woodland Roundabout – with 2 stub arms (west and east facing). Inclusion of both roundabouts in the scheme is subject to agreement with the developer. If agreement is not reached only the link road will be constructed at this time. • Two future development accesses (one being the access to the drainage basin) between the Woodland and existing A9 West Roundabouts; • The south future development access is subject to agreement with the developer. If agreement is not reached only the north access will be constructed at this time. • Two bus lay-bys (Northbound, south of the Parkland Roundabout and southbound, north of the Urban Roundabout); • Signal controlled pedestrian and cycle crossing facilities; • Street lighting along the full length of the link road and along the Bertha Way tie-in; • Two drainage basins with access tracks; • Active travel connection to existing Bertha Loch path; • Accommodation works field accesses; • Two structural culverts (both precast concrete pipes, maximum 1.8m diameter); and • Landscaping
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Site History 4 14/00001/PAN On 10 February 2014 for Proposed housing development. 5 14/01767/SCOP On 24 November 2014 for Housing development. 6 15/01079/SCRN On 15 July 2015 for Erection of primary and secondary school, associated road infrastructure and landscaping. 7 15/01109/FLM Full Planning Permission Major was Approved On 12 December 2016 for Erection of residential units, commercial units (Classes 1,2,3 and 10), formation of allotments/open space, landscaping and associated infrastructure works. 8 15/01112/IPM was Approved On 12 December 2016 for Residential development with community facilities, employment land, open space, landscaping and associated infrastructure (in principle). 9 17/00198/FLM Full Planning Permission Major was Approved On 25 May 2017 for Erection of school, biomass/energy plant, formation of playground areas, sports pitches, landscaping, car parking, vehicular accesses and associated works. 10 17/00919/FLM Full Planning Permission Major was Approved On 30 August 2017 for Erection of residential units, commercial units (Classes 1,2,3 and 10), formation of allotments/open space, landscaping and associated infrastructure works (revised site layout and change of house types). 11 17/01232/FLL Full Planning Permission was Approved On 18 August 2017 for Recontouring of land. 12 18/00430/FLM Full Planning Permission Major was Approved On 6 June 2018 for Erection of 62no. dwellinghouses and associated works (change of house type to include sunrooms for plots 10001-10043, 10070-10071 and 10075-10091). 13 18/01800/IPM was Approved On 25 September 2019 for Application under Section 42 of the Town and Country Planning (Scotland) Act 1997 to amend condition 1 (timescales for submission of Approval of Matters Specified by Conditions applications) and condition 2 (phasing of development) of planning permission 15/01112/IPM (residential development with community facilities, employment land, open space, landscaping and associated infrastructure (in principle)). 14 18/02270/MPO On 3 June 2019 for Modification of planning obligation associated with permission 15/01112/IPM (Residential development with community facilities, employment land, open space, landscaping and associated infrastructure (in principle)) to amend the S75 agreement.
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15 22/01800/FLL Full Planning Permission was Approved On 25 July 2023 for Formation of SUDS basin, surface water outfall and associated infrastructure. 16 22/02043/MPO was Approved On 28 March 2023 for Modification of planning obligation associated with 15/01112/IPM (Residential development with community facilities, employment land, open space, landscaping and associated infrastructure) (in principle). Environmental Impact Assessment 17 The wider Bertha Park development is of a type listed within Schedule 2 of the EIA Regulations and has been subject of EIA scoping related to the planning permission in principle (18/01800/IPM). Pre-Application Consultation 18 As an AMSC application, the applicants were not required to undertake any formal pre-application consultation with the local community. Development Plan 19 The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. National Planning Framework 4 20 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve 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. 21 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 15: Local Living and 20 Minute Neighbourhoods • Policy 18: Infrastructure First • Policy 22: Flood Risk and Water Management
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Perth and Kinross Local Development Plan 2019 22 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 23 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 4: Perth City Transport and Active Travel • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 38A: Environment and Conservation: International Nature Conservation Sites • Policy 39: Landscape • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 47: River Tay Catchment Area • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 55: Nuisance from Artificial Light and Light Pollution • Policy 56: Noise Pollution • Policy 57: Air Quality • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 24 • Supplementary Guidance - Air Quality (adopted in 2020) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020) PKC Non-Statutory Guidance 25 • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity
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National Guidance 26 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 27 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 69 Planning and Building standards Advice on Flooding • PAN 75 Planning for Transport Creating Places 2013 28 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 29 Designing Streets is the policy statement in Scotland for street design and changes the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It was created to support the Scottish Government’s place-making agenda, alongside Creating Places. National Roads Development Guide 2014 30 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. Consultations 31 As part of the planning application process the following bodies were consulted: External 32 Scottish Environment Protection Agency: SEPA initially objected to the proposal due to a lack of information in relation to flood risk. Further information was provided including post-development modelling showing that the presence of
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the link road will result in a lower downstream volume and flow than before. The objection was subsequently removed. 33 Transport Scotland: No objections. 34 NatureScot: No objections. Appropriate Assessment required. 35 Perth and Kinross Heritage Trust: No comments received. 36 Historic Environment Scotland: No objections. 37 Health and Safety Executive: No comments. 38 Scottish Water: No objections. 39 Scottish and Southern Energy: No comments received. 40 Methven Community Council: No comments received. 41 Luncarty, Redgorton and Moneydie Community Council: No comments received. Internal 42 Transportation and Development: No objections, subject to conditions on final construction details and a Construction Traffic Management Plan. 43 Environmental Health (Contaminated Land): A search of the historical mapping has not identified any potential sources of contamination likely to impact upon the proposed development site. 44 Environmental Health (Noise Odour): Methods for controlling noise and dust during the construction phase are detailed in the CEMP and are acceptable. 45 Development Contributions Officer: No comments 46 Structures and Flooding: No objections. The route is not likely to be impacted by fluvial or pluvial flooding. SUDS conditions applied for approval of detailed drainage design. 47 Community Greenspace: No comments received. 48 Biodiversity/Tree Officer: Further information required on biodiversity monitoring and trees. The requisite information has been submitted and conditions covering these matters are recommended. Representations 49 One representation was received from the Woodland Trust. The main issues
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raised within the representation are: • Loss of LEPO woodland; • Severance of LEPO woodland and fragmentation from other woodland areas and natural habitats; • Increased noise, light and dust pollution; • Threats to long-term retention of trees from increased safety concerns; • Adverse hydrological impacts; • Cumulative effect of the above impacts resulting in long-term deterioration. 50 These issues are addressed in the Appraisal section of the report. Additional Statements 51 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed AA completed Design Statement or Design and Access Statement Not required Report on Impact or Potential Impact eg Flood Risk Assessment • Delivery Plan • Delivery Statement • Access Statement • Road Design Statement • Transport Statement • Contaminated Land Assessment • Environmental Management Plan • Archaeological Written Scheme of Investigation • Flood Risk Assessment (Updated) • Drainage Design Statement • Tree Felling and Protection Schedule • Tree Survey and Woodland Management Plan (Updated) • Biodiversity Monitoring Strategy Protected Species Report
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Appraisal 52 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. Principle 53 The principle of the link road is established through its inclusion within LDP2 as part of the wider MU345 Bertha Park allocation. Moreover, planning permission in principle has been granted for the whole area, with the associated masterplan determining the proposed location and route of the road. 54 The principle of the link road is therefore considered to be established and acceptable in land use terms, with the detail and associated environmental considerations further assessed and set out in the relevant sections below. Roads and Access 55 The application considers the delivery of the Berth Park Link Road, along with the following junctions: Parkland Roundabout 56 Contains four arms, two of which will be on the Berth Park Link Road, with two further arms providing access to future development areas. Woodland Roundabout 57 Contains four arms, two of which will be on the Berth Park Link Road, with two further arms providing access to future development areas. Park & Choose / Service Station Priority Junction 58 Contains three arms, two of which will be on the Berth Park Link Road, with one further arm providing access to future development area for a Perk & Choose facility and Service Station facilities. South Development Priority Junction 59 Contains three arms in the form of a priority T Junction, two of which will be on the Berth Park Link Road, with one further arm providing access to future development area.
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60 The construction of the Parkland Roundabout, Woodland Roundabout and South Development Priority Junction will be subject to a financial contribution and agreement with the landowner/housing developer. 61 With the opening of the Berth Park Link Road, this provides opportunities for providing new active travel links and altering bus routes through the site. Any alterations to bus routes will be subject to wider discussion with bus operators to determine any new routing of services. 62 The new link road will also be provided with active travel, which will link into the Cross Tay Link Road, providing onward travel to Scone. At the Phase 1 side of the route, this will connect into the A9/A85 junction and over the Sky Bridge which will provide links to the wider Perth active travel routes. 63 The applicant has undertaken traffic modelling at 2038 for to provide details of the resultant trips that are expected when the Bertha Park Link Road opens. 64 A junction assessment has been undertaken and each of the junctions have been assessed to be within an acceptable capacity. 65 The modelling highlights locations where there are changes in traffic demands across the road network at nine locations. Taking a comparison where the only change between the scenarios is the opening of Phase 3, the Bertha Park Link Road, the main traffic flow change is within the Phase 1 area, where it is expected that the daily flow on the B9993 South of the Urban Roundabout will decrease by -49.7%. This is mainly due to the opening of the Bertha Park Link Road which now introduces alternative routing options with vehicles now being able to travel the full length of Phase 1 to 3 of Perth Transport Futures Project. At the Inveralmond Roundabout there will be a small increase in traffic on the A9 North Arm +3.6% and A912 Southern Arm +4.3%. On the A9 west of Inveralmond Roundabout, it can be seen that there is a reduction of -2.9%. 66 There are a number of changes whereby the modelling takes account of the houses considered by the wider masterplan area, consented through the PPP. The modelling also considers the Park & Choose with the services. The modelling forecasts that there will be increased flows at all nine locations compared. 67 As noted above, there is yet to be a final agreement on the overall construction of the project, as such it is advised that a condition is imposed for the specific detail of the link road to be approved for this initial phase (Condition 2). 68 The proposal will have a positive impact in providing improved connections to the north of Perth for communities both locally and within the wider area in an area where considerable urban expansion is envisaged. The provision of bus laybys and a dedicated active travel corridor for cycling and walking offers a choice of means of travel to those utilising the route and encourages road users to move away from using private motorised vehicles.
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Design, Form and Visual Impact 69 The route of the road has been established through the PPP and the delivery of Phases 1 and 2 at either end. At the southern end, the development of the early phases of Bertha Park has taken place on either side of the route and the delivery of the road will improve the connections within the development and beyond. The formation of connections from the Urban Roundabout and Bertha Way as well as various crossing points will aid east-west movements across the development as a well as the more obvious benefit of providing a more direct route through the site. 70 The road, active travel route and associated works will be functional by design and its visual impact was considered in detail in the EIAR submitted with the PPP for Bertha Park. The Landscape and Visual Impact Assessment (LVIA) also assessed cumulative visual impacts from the wider development being viewed alongside the CTLR. When considered in isolation, the impact of the link road within the wider landscape is relatively minor and is acceptable in the context of delivering a long-term infrastructure strategy. Residential Amenity Noise 71 Condition 29 of the PPP refers to an updated noise impact assessment (NIA) at each stage of the development being required. However, this application relates to the construction of a link road and its impact on previously approved residential development is not required at this stage having already been assessed under 15/01109/FLM. CEMP 72 A Construction Environmental Management Plan (CEMP) has been submitted, which includes methods on how noise and dust will be controlled during the construction phase to ensure the residential amenity of existing properties is not adversely affected. This includes hours of working that are in line with Environmental Health’s guideline hours for construction. Contaminated Land 73 A search of the historical mapping has not identified any potential sources of contamination likely to impact upon the proposed development site and there is no further information to indicate that the application area has been affected by contamination. However, it shall be the responsibility of the applicant to satisfy themselves that the ground conditions are suitable for the development for which planning consent has been granted.
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Drainage and Flooding 74 Policy 22(a) of NPF4 provides exceptions where development proposals which are at risk of flooding or in a flood risk area could be supported. One of the exceptions is for ‘essential infrastructure’. Transport proposals and travel networks identified in the local development plan are defined within NPF4 as ‘essential infrastructure’, and the proposal therefore meets this exception. 75 The main flood risk to the proposed development is fluvial flooding from two unnamed watercourses denoted as A and B in the SEPA fluvial flood mapping, which indicates that the proposed development is not at risk of fluvial flooding. However, the watercourses are not fully represented by SEPA fluvial flood mapping, most likely due to their small size and rural setting. Therefore, detailed hydraulic modelling was undertaken to better ascertain the flood risk to and from the proposed development. The modelling indicated that the development will not increase the risk of flooding to others and may, in fact, provide a betterment by reducing the flood volume downstream of the confluence of watercourses A and B. 76 Overall, the submitted Flood Risk Assessment concludes that the proposed development is suitably designed to manage and mitigate flood risks, ensuring the long-term safety and resilience of the infrastructure and the surrounding community, with a positive contribution to flood risk management in the area. 77 There are no objections from SEPA or PKC Flooding and Structures subject to conditions on SUDS details (Conditions 13 and 14). 78 Overall, the proposals are compatible with NPF4 Policy 22: Flood Risk and Water Management; and LDP2 Policy 52: New Development and Flooding and Policy 53: Water Environment and Drainage. Natural Heritage and Biodiversity 79 NPF4 Policy 3: Biodiversity requires development proposals of this nature to conserve, restore and enhance biodiversity, including nature networks so they are in a demonstrably better state than without intervention. In addition, LDP2 Policy 41: Biodiversity seeks to protect and enhance all wildlife and habitats, whether formally designated or not, considering natural processes in the area. 80 A Protected Species Report has been submitted and is in accordance with best practice. It is recommended that a condition is imposed to ensure that all recommendations made within the report are implemented (Condition 9). 81 The Biodiversity Monitoring Strategy required by Condition 23 of the PPP is considered to be acceptable. The on-site implementation of its recommendations should be overseen by the appointed Economic Clerk of Works (Condition 8).
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82 NPF4 Policy 6 Forestry, woodland and trees seeks to protect and expand forests, woodlands and trees. In addition, LDP2 Policy 40: Forestry, Woodland and Trees seeks to protect existing trees/ woodland whilst securing the delivery of new woodland where appropriate. 83 A Tree Survey and 25-year Woodland Management Plan has been submitted and provides management recommendations for the four distinct woodlands within the vicinity of the site. The development will result in the loss of a number of existing trees, including one veteran oak and 31 mature oaks. Compensation is proposed for this loss with three new oak trees to be planted for each veteran/mature oak felled. The compensatory planting area is approximately 1km from the development and details of the scheme will require to be submitted for approval (Condition 10). 84 In terms of enhancement, the proposal includes tree planting along the route and the expansion of some of the existing woodlands. In total 295 new trees will be planted along with riparian planting and plug planting. A condition is required to ensure that the trees and landscaping become established (Condition 11). 85 The proposal contains many positive actions that would result in biodiversity enhancement, positive contributions towards nature networks and achieve PKC actions in the Tayside Local Biodiversity Action Plan. Overall, the proposals are acceptable and comply with relevant development plan policies and the PPP. Conservation Considerations 86 NPF4 Policy 7: Historic Assets and Places and LDP2 Policies 26: Scheduled Monuments and Archaeology are applicable. 87 A Written Scheme of Investigation (WSI) has been submitted as required by Condition 27 of the PPP. The WSI states that a variety of heritage assets have been recorded in close vicinity of the proposed development, and as a result, there is considerable potential for archaeological remains to survive within the site. 88 PKHT have confirmed that they are broadly happy with the content of this document, but it will need some revisions to ensure it meets the requirements for the scheme, including a revised trench plan and a clear timetable for reporting and any post excavation works (Condition 4). Developer Contributions 89 None required. Works and contributions for the formation of the links into Bertha Park are required by the developer of that site. Planning Obligations and Legal Agreements 90 None required.
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Direction by Scottish Ministers 91 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 92 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly the proposal is recommended for approval subject to the following conditions. Recommendation Approve subject to the following conditions: Conditions and Reasons for Recommendation General 1. This approval 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 an approval in terms of Section 59 of the Town and Country Planning (Scotland) Act 1997, as amended. Transport 2. Prior to the commencement of development (with the exception of site clearance works), should the roundabouts and/or access roads not be provided, as per the annotation on drawing 03 hereby approved, a detailed design showing the omission of the roundabouts and/or access roads shall be submitted to the Planning Authority for written approval. The detailed design will include the following: • Mainline Layout Plans; • Road Lighting Layout Plans; • Service Ducting Layout Plans; • Traffic Signal Ducts Layout Plans; • Landscape Layout Plans; and • Drainage Layout Plans.
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Thereafter, the agreed scheme shall be implemented in accordance with the approved drawings. For the avoidance of doubt, this would not prevent the formation of the roundabouts as per the approved drawings at a later date. Reason - To provide confirmation of the road layout to be delivered. 3. The Construction Traffic Management Plan detailed in Document 81, hereby approved, shall be strictly adhered to during the entirety of the site construction programme. Reason - In the interest of proper site management. Archaeology 4. Prior to the commencement of development (with the exception of site clearance works) the developer shall secure 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 archaeological monitoring is carried out to safeguard and record any archaeological remains within the development area. Environment 5. Prior to the commencement of any works on site, all trees on site (other than those marked for felling on the approved plans) and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction. Reason - to ensure adequate protection for the trees on the site during the construction, in the interests of the visual amenity of the area.
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6. The recommendations contained within the Protected Species Report (Document 82) shall be implemented in full. Any deviation from the recommendations will require to be agreed by written approval of 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). 7. The submitted Construction Environment Management Plan (CEMP), hereby approved (Document 79) shall be implemented concurrent with the development. The CEMP will remain a dynamic document throughout the duration of construction and until the completion of development. The CEMP can be amended as necessary to meet best practice in terms of environment or ecology. Any amended document shall be submitted to the Planning Authority as soon as reasonably practicable citing the relevant amendment and appropriate guidance. Reason - In the interests of protecting environmental quality. Biodiversity and Landscaping 8. Prior to the commencement of the development, an independent and suitably qualified ecologist shall be appointed by the developer at their expense as the 'Ecological Clerk of Works' (ECOW) for the site. This appointment shall be subject to the prior written approval of the Planning Authority and detail the extent of inspections to be undertaken by the ECOW and how this relates to the delivery of the development. The ECOW shall oversee, on behalf of the Planning Authority, the implementation of all ecology related planning conditions. The ECOW shall undertake a watching brief throughout the construction of the development and shall have the authority to stop operations or to alter construction methods should there be any works occurring which are having an adverse impact on natural heritage. The ECOW shall have responsibility for the following: a) Monitoring compliance with the mitigation works related to the development as set out in the Construction Environment Management Plan and other relevant environmental conditions. b) Advising the developer on adequate protection of nature conservation interest on the site, including altering construction practices if existing practices are having an adverse impact on the natural heritage of the site. c) If any protected species are found on site, the Ecological Clerk of Works will ensure that work is suspended at that location and that a protected species protection plan is implemented. The ECOW is required to notify the Planning Authority: d) If there has been a requirement to stop or alter works in relation to this condition.
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e) They are required to submit a report on their inspection (frequency to be agreed) for the review of the Planning Authority during construction operations. f) They will have the power to amend the CEMP, where required, with any amendments and measures to mitigate submitted to the Planning Authority. Reason - In order to ensure that an ECOW is appointed and is suitability qualified and has a suitable job description and powers to oversee all salient ecological matters affecting the construction of the development. 9. The conclusions and recommended action points within the supporting Biodiversity Monitoring Strategy (Document 75), hereby approved, shall be fully adhered to, respected and undertaken as part of the construction phase of development. Any deviation from the recommendations will require to be agreed by written approval of the Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 10. Prior to the road being opened for use by the public, the location and details, including numbers, species and sizes of the compensatory tree planting will be provided for the approval of the Planning Authority. Thereafter, the trees will be planted as agreed at the earliest opportunity and prior to the road being opened for use by the public. Reason - In the interests of ensuring that adequate compensatory tree planting is provided to offset the impact of the development. 11. 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. 12. The location and number of bat, bird and hedgehog boxes will be submitted and agreed with the Planning Authority prior to their installation, in line with the timescales set out in the Woodland Management Plan. Reason - In the interests of protecting environmental quality and of biodiversity. Drainage and Flooding 13. Development shall not commence on site (with the exception of site clearance works) until a detailed sustainable urban drainage system (SUDS) has been submitted for the further 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,
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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. 14. Storm water drainage from all paved surfaces, including the access, shall be disposed of by means of suitable Sustainable Urban Drainage Systems to meet the requirements of best management practices. Reason - To ensure the provision of effective drainage for the site. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. 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. 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.
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4. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act 1984 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. 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 should be advised to contact Perth & Kinross Council Street Lighting Department to obtain technical approval for all street lighting provision. 7. 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 non-compliance. 8. 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. 9. The applicant is advised to refer to Perth & Kinross Council's Flood Risk and Flood Risk Assessments Supplementary Guidance, and the CIRIA SuDS manual as it contains advice relevant to your development. Background Papers Letters of representation 1 Authors Name Designation Contact Details Alex Gudgeon Planning Officer (Major Applications) 01738 475300 Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 27 January 2025
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