Agenda Document Pack - Planning and Placemaking Committee - 12/02/2025
Perth and Kinross Council · 12 February 2025
Back to Planning and Placemaking Committee — 12 February 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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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 03/02/2025 A hybrid meeting of the Planning and Placemaking Committee will be held in the Council Chambers (Hybrid) on Wednesday, 12 February 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 126
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Planning and Placemaking Committee Wednesday, 12 February 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 8 JANUARY 2025 FOR APPROVAL (copy herewith) 5 - 14 4 DEPUTATIONS 5 APPLICATIONS FOR DETERMINATION 5(1) MAJOR APPLICATIONS 5(1)(i) 24/00435/FLM - ERECTION OF SPA AND LEISURE FACILITY, 25 HOLIDAY ACCOMMODATION UNITS, FORMATION OF VEHICULAR ACCESS, PARKING AREAS, LANDSCAPING, DRAINAGE AND ASSOCIATED WORKS, MURRAYSHALL HOUSE HOTEL, MURRAYSHALL, PERTH, PH2 7PH Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 25/29) 15 - 48 5(1)(ii) 24/01303/AMM - 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 18/01800/IPM), LAND AT BERTHA PARK, PERTH Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 25/30) 49 - 72 Page 3 of 126
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5(2) LOCAL APPLICATIONS 5(2)(i) 23/01742/FLL - ERECTION OF A BREWERY, TAP ROOM, STORAGE, FORMATION OF VEHICLE ACCESS, PARKING AREA, INSTALLATION OF EV CHARGING POINT, FORMATION OF OUTDOOR SEATING AREA, LANDSCAPING AND ASSOCIATED WORKS, LAND 50 METRES SOUTH OF COUNCIL COTTAGES, FERRY ROAD, PITLOCHRY Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 25/31) 73 - 110 5(2)(ii) 24/01440/FLL - CHANGE OF USE OF FLAT TO SHORT-TERM LET ACCOMMODATION IN RETROSPECT, FLAT 3, 7 BRAE STREET, DUNKELD, PH8 0BA Report of Handling by Strategic Lead - Economy, Development and Planning (copy herewith 25/32) 111 - 126 Page 4 of 126
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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) 3 Page 5 of 126
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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. Page 6 of 126
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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. Page 7 of 126
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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 Page 8 of 126
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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. Page 9 of 126
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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. Page 10 of 126
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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 Page 11 of 126
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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 Page 12 of 126
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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. Page 13 of 126
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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. 25/29) PROPOSAL: Erection of spa and leisure facility, 25 holiday accommodation units, formation of vehicular access, parking areas, landscaping, drainage and associated works LOCATION: Murrayshall House Hotel, Murrayshall, Perth, PH2 7PH Ref. No: 24/00435/FLM Ward No: P2- Strathmore Summary This report recommends approval of the application for planning permission for the erection of spa and leisure facility, 25 holiday accommodation units, formation of vehicular access, parking areas, landscaping, drainage and associated works. A Section 75 Legal Agreement or other suitable mechanism will be required to obtain contributions to transport infrastructure. Background and Description of Proposal 1 Full planning permission is sought for the erection of a spa and leisure facility, 25 holiday accommodation units and associated vehicular access, parking areas and landscaping works within the wider Murrayshall Estate. 2 The existing estate comprises a country house hotel, two golf courses, a driving range, self-catering lodges, existing residential housing and staff accommodation. The hotel sits within a rural landscape setting and is characterised by primarily a mixture of landscaped golf course and woodland groups. The topography of the site falls away from the south east of the site (Murrayshall Hill) to the northern boundary (Murrayshall Road). 3 The application site is situated to the west of the wider Murrayshall Estate and to the south of the Murrayshall House Hotel and the existing golf courses. South of the site is the existing golf driving range and open fields, to the west is the proposed driving range site and there are residential properties on the south- eastern extent. The topography of the site falls away from the south east of the site to the northern boundary. 5(1)(i) Page 15 of 126
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4 The site is currently part of the Lynedoch golf course that has been reconfigured with holes decommissioned to reduce it to a 10-hole course. 5 The spa and leisure facility is stated as a key economic driver for the overall estate masterplan. Internally, the building will include pools, saunas, steam rooms, a gym, changing rooms and cafes. The surrounding external terraces will have a range of outdoor uses to supplement the interior provision, including outdoor treatments, relaxation areas and other hospitality offerings. 6 The building will be of a geometric square shape, with a height of approximately 5.5 metres. It will be clad with a unified material palette of natural timber cladding and a glazed wall system to optimise the use of natural light. The building will be placed on a circular terrace with cut and fill being utilised to achieve a lower lying structure and to minimise visual impact. The building will include fabric first approaches to achieving high thermal performance and will also incorporate solar PV, air source heat pumps and sedum roofs. 7 The 25 holiday lodges will be located to the east of the spa and will comprise a mix of two, three and four-bedroom units comprised as follows: • 10 x two-bedroom (four-person) two-storey lodges (Type A); • 8 x two-bedroom (six-person) single-storey lodges (Type B); • 4 x three-bedroom (six-person) single-storey lodges (Type C); and • 3 x four-bedroom (eight-person) two-storey lodges (Type D). 8 The lodges will be finished in elements of horizontal and vertical timber cladding, metal standing seam roofs, dark grey metal windows and doors and glazed balustrades to balconies and terraces. Solar PV panels will be installed on the roofs and air source heat pumps will be installed where required. 9 Connectivity has been prioritised, with the aim of creating accessible pedestrian networks that connect to existing paths around the estate. The lodges have been sited to take advantage of views, aided by the topography of the site and will incorporate a landscape framework to help embed the buildings into the site whilst utilising the existing landscape and trees as a natural backdrop. 10 It should be noted that the current application is for the provision of 25 holiday lodges only. Extensive reference to a second phase of lodge development on the eastern end of the application site is made within the supporting material to this application. However that does not form part of the application currently being considered. Conversely, the landscape buffer on the eastern side bounding the indicative phase 2 area and shown on the Landscaping Plan (Drawing 30) does from part of the consideration of this application. Page 16 of 126
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Site History 11 07/00283/OUT was Refused On 11 September 2007 for Erection of 12 dwellinghouses (plot F) (in outline). 12 07/00284/OUT was Approved On 11 September 2007 for Replacement of existing indoor driving school with 1no dwellinghouse (plot E) (in outline). 13 07/00285/OUT was Approved On 11 September 2007 for Leisure and health facilities 'timeshare' lodge and fractional ownership accommodation 70 bedrooms and 10 staff living/bedroom studio residences (plot A) (in outline). 14 07/00286/OUT was Refused On 11 September 2007 for Erection of 4 dwellinghouses (plot B) (in outline). 15 07/00287/OUT was Approved On 11 September 2007 for Erection of 17 bedroom suite accommodation including public lounge (plot D) (in outline). 16 10/00505/IPL was Approved On 17 May 2010 for Leisure and health facilities 'timeshare' lodge and fractional ownership accommodation 70 bedrooms and 10 staff living/bedroom studio residences (plot A) (in principle) (renewal of 07/00285/OUT). 17 10/00506/IPL was Approved On 17 May 2010 for Erection of 17 bedroom suite accommodation including public lounge (plot D) (in principle) (renewal of 07/00287/OUT). 18 20/01688/SCRN On 24 December 2020 for Screening opinion request. 19 20/00010/PAN On 9 December 2020 for Residential development, extension to hotel, erection of hotel accommodation units and staff accommodation units, spa facility, golf training and indoor sports buildings, formation of camping grounds, outdoor sports grounds, photovoltaic sites, access roads, SUDS ponds, landscaping and associated works. 20 21/00508/IPM application was Withdrawn On 4 April 2022 for Residential development, extension to hotel, erection of hotel accommodation units, café, spa and leisure facilities and groundskeeping buildings, formation of camping grounds, outdoor sports grounds, photovoltaic site, access roads, SUDS ponds, landscaping and associated works (in principle). 21 21/01673/FLL Full Planning Permission was Approved On 11 July 2022 for Relocation of driving range, erection of golf academy building and shop, formation of parking area, part diversion of core path, landscaping and associated works. 22 22/00023/PAN On 2 February 2023 for Residential development, extension to hotel, erection of hotel accommodation units, timeshare and fractional ownership Page 17 of 126
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accommodation units, café, spa and leisure facility, formation of camping grounds including camping pods, outdoor sports grounds, relocation of green keeping buildings, formation of central delivery hub, photovoltaic sites and associated access, drainage, and landscaping works (in principle). 23 22/00024/PAN On 2 February 2023 for Extension to hotel, erection of hotel accommodation units, timeshare and fractional ownership accommodation units, café, spa and leisure facility, formation of camping grounds including camping pods, outdoor sports grounds, relocation of green keeping buildings, formation of central delivery hub, photovoltaic sites, associated access, drainage, and landscaping works (phase 1). 24 23/01798/FLL Full Planning Permission for Alterations and extension to core path, installation of signage and associated works. 25 23/00833/IPM was Approved On 13 December 2023 for Mixed-use development comprising spa and leisure facility including ancillary food and drink; holiday accommodation including lodges luxury units and timeshare/ vacation ownership properties extension to hotel central delivery hub for deliveries staff facilities and relocated greenkeeping services outdoor pursuits small-scale residential conversion of existing greenkeepers compound and associated works including photovoltaic array servicing access drainage and landscaping. 26 24/00223/FLL Full Planning Permission On 16 February 2024 for Erection of 22 luxury glamping pods and associated access and drainage and landscaping works. 27 24/00368/FLL Full Planning Permission On for Siting of 22 holiday accommodation units, formation of vehicular access, outdoor seating area and associated works. Environmental Impact Assessment 28 The impact of the wider development site, including the uses currently proposed, was screened for EIA (20/01688/SCRN) and it was determined that the proposal does not constitute an EIA development. Pre-Application Consultation 29 Pre application Reference: 22/00024/PAN 30 It should be noted that the pre-application consultation process undertaken related to the submission of a masterplan application for planning permission in principle (PPP) (23/00833/IPM). Although the current application does not seek approval of the matters specified by that consent, the proposals now under consideration were captured within the PPP and a further pre-application procedure was not required. Page 18 of 126
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Development Plan 31 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 32 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. 33 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 7: Historic Assets and Places • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 20: Blue and Green Infrastructure • Policy 22: Flood Risk and Water Management • Policy 27: City, Town, Local And Commercial Centres • Policy 29: Rural Development • Policy 30: Tourism Perth and Kinross Local Development Plan 2019 34 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. 35 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 8: Rural Business and Diversification • Policy 9B: Caravan Sites, Chalets and Timeshare Developments: New and Expanded Touring Caravan, Motorhome / Campervan, and Camping Sites Page 19 of 126
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• Policy 9C: Caravan Sites, Chalets and Timeshare Developments: Chalets, Timeshare and Fractional Ownership • Policy 14A: Open Space Retention and Provision: Existing Areas • Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 38A: Environment and Conservation: International Nature Conservation Sites • Policy 38B: Environment and Conservation: National Designations • 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 43: Green Belt • Policy 52: New Development and Flooding • Policy 53B: Water Environment and Drainage: Foul Drainage • 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 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 36 • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) PKC NON STATUTORY GUIDANCE 37 • Planning Guidance - Planning & Biodiversity NATIONAL GUIDANCE 38 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. Page 20 of 126
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Planning Advice Notes 39 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 40 Development Management • 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 40 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 41 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 42 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 43 As part of the planning application process the following bodies were consulted: External 44 Scottish Water: No objection. Advise there is currently sufficient capacity at Perth Water Treatment Works and Scone Waste Water Treatment Works to service the Development. 45 Perth and Kinross Heritage Trust: No objection. Advise that the area has archaeological potential, and a condition is recommended to ensure that a programme of archaeological works is required, and any archaeological remains are appropriately dealt with. Page 21 of 126
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46 Transport Scotland: No objections. 47 Historic Environment Scotland: No objections. 48 Scone and District Community Council: Object. Consider that there are issues with the width of the existing roads and impacts from construction and operational traffic; impacts on biodiversity; further encroachment of the greenspace around Scone; the design of the spa is inappropriate and oversized; potential for noise disturbance and lack of parking provision. Internal 49 Biodiversity/Tree Officer: No objections, subject to conditions on survey requirements; provision of nesting boxes, wildlife kerbs and hedgehog highways. 50 Commercial Waste: No objections, the waste proposals on site are sufficient. 51 Conservation Team: No objections, the impact of the development will be neutral. 52 Development Contributions Officer: A contribution towards transport infrastructure is required. 53 Development Plan: The principle of tourism-related development has already been established in this location through 23/00833/IPM. 54 Environmental Health (Noise Odour): No objections, subject to conditions controlling plant noise, amplified music, external lighting and times of construction work. 55 Transportation and Development: No objections, subject to conditions on a Construction Traffic Management Plan (CTMS); detailed design of the cycle and powered two-wheeler parking details for the lodges and a detailed design for the car parking, disabled car parking, powered two-wheeler parking and cycle parking for the spa. 56 Structures and Flooding: Further information was requested on culverts, microdrainage modelling and greenfield runoff rate calculations. This was provided and there are no objections to the proposal. 57 Community Greenspace: No comments. Representations 58 56 representations were received objecting to the proposals. The main material issues raised within the representations are: • Application seeks to circumvent requirements of the approved PPP. Page 22 of 126
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• Traffic and transport impacts • Lack of parking at spa • Too much parking for lodges • The site is greenbelt and should not be developed • Ecological impacts • Suburbanisation of a rural landscape • Visual impact • Noise • Light pollution • Spa is oversized 59 These issues are addressed in the Appraisal Section of the report. Additional Statements 60 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations AA not required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment • Flood Risk and Drainage Assessment • Design and Access Statement • Energy Statement • External Lighting Strategy • Noise Impact Assessment • Sustainability Statement • Heritage Impact Assessment • Landscape and Visual Appraisal • Ecological Impact Assessment • Economic Benefits Statement • Transport Statement • Tree Survey and Impact Assessment • Planning Statement • Biodiversity Plan • Pre-application Consultation Report Appraisal 61 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 Page 23 of 126
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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 62 The principle of the proposal for the siting of a spa and leisure facility, holiday accommodation units and associated vehicular access and parking has been established through the previous granting of planning permission in principle for a larger mixed-use development. 63 The principle of the development is thus considered acceptable, provided the proposals are compatible with the relevant policies of the development plan. 64 The site is within the green belt and therefore Policy 8 of NPF4 and Policy 43 of LDP2 are applicable. NPF4 makes allowance for development proposals in the green belt if it is ‘for outdoor recreation, play and sport or leisure and tourism uses; or where it is an intensification of established uses. Similarly, in the case of LDP2, the proposed development could in principle comply with LDP2 policy 43 criterion (a) supporting an established use, providing that the proposals are appropriate to meet the overall objectives of the Green Belt to protect and enhance the character, landscape setting and identity of settlements. 65 This proposal is a tourism related development. LDP2 Policy 8: Rural Business & Diversification supports such proposals when they improve the quality of existing visitor facilities. Sites outwith settlements may be acceptable where they offer opportunities to diversify an existing business, or are related to an existing site- specific resource or opportunity. The spa and lodges will comply with Policy 8 criteria (a) as the proposal will contribute to the local economy through the provision of permanent employment, visitor accommodation, additional tourism and recreational facilities. 66 LDP2 Policy 9: Caravan Sites, Chalets and Timeshare Developments generally supports the improvement of existing holiday-related uses. Policy 9C states that “the Council will give favourable consideration to new chalet and timeshare/fractional ownership developments where it is clear these cannot be used as permanent residences”. 67 NPF4 Policy 30: Tourism, sets out that proposals for tourism related development will take into account factors such as the contribution made to the local economy; compatibility with the surrounding area and impacts on communities, along with sustainable principles and consideration of the natural environment. 68 Overall, NPF4 and LDP2 policies are generally supportive of the proposal as the intensification of an existing tourist facility. Therefore, the development proposals Page 24 of 126
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are acceptable in principle, subject to compliance with other relevant development plan policies and material considerations, which are assessed below. Design and Layout 69 The siting and design of the proposed spa and leisure facility have been informed by the opportunity to provide panoramic views beyond the estate. In response to the topography of the site, a building level has been proposed to acknowledge the need to avoid introducing a visually obtrusive form within the landscape. The ground conditions will be altered by introducing some designated cutting into the exiting slope to achieve a lower-level terraced area to accommodate the building. 70 This change to the landform, combined with the building form and scale will ensure existing outlooks to the surrounding landscape are maintained for neighbouring properties, existing and proposed. 71 The proposed external terrace provides the opportunity to link, visually and physically, the various internal uses with a range of external landscaped areas. To align with the simplistic architectural form, the materials have been limited to a palette of natural timber cladding and a glazed wall system. 72 The location of the building will provide strong connectivity between the spa and leisure facility and the surrounding landscape and other leisure offerings beyond the building itself. The path network within the estate will provide easy access to other areas by walking or cycling. 73 The proposed holiday lodges will be located directly to the east of the proposed spa and leisure facility. The lodges will range from 1-2 storeys to suit the topography of the site, with the variety of units staggered up the slope. 74 These holiday lodges will range from 2-4 beds and will accommodate private external terrace or balcony space. The lodges will be orientated to maximise the views and the form, massing and material palette will all the reflective of rural Perthshire and respond to the surrounding context. An innovative landscape strategy is proposed to naturally embed the building into the existing setting. 75 Overall, the proposed development will bring a modest change to the landscape setting, with the landscape buffer and the planting of native trees and foliage will help soften the impact of the new accommodation and leisure areas. The proposal is considered to adopt good placemaking principles as the design and siting respects the character and setting with a low impact proposal and thereby accords with NPF4 Policy 14: Design, Quality and Place and LDP2 Policy 1: Placemaking. Page 25 of 126
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Landscape and Visual Amenity 76 NPF4 Policy 4: Natural Places, advises that development proposals that affect a site designated as a local nature conservation site or landscape area in the LDP will only be supported where development will not have significant adverse effects on the integrity of the area or the qualities for which it has been identified. LDP2 Policy 39: Landscapes, states that development proposals will be supported where they do not conflict with the aim of maintaining and enhancing the landscape qualities of Perth and Kinross. 77 The site is situated in the Sidlaw Hills Local Landscape Area (LLA) and a Landscape and Visual Impact Assessment (LVIA) has been submitted in support of the application. The landscape and visual effects of the proposal are assessed as generally minor to negligible in the expansive context of Murrayshall Estate. The proposal will result in relatively minor changes to the general character of the landscape. 78 The LVIA illustrates that the influence of the proposal on its surroundings is largely limited to the local surrounding landscape, particularly to the north. Viewpoint analysis illustrates that effects are generally minor to negligible with moderate effects only experienced adjacent to site boundaries. 79 The landform of the site slopes steeply, east to west over the site with an overall level change of over 17.5 metres. The ground levels continue to rise eastward beyond the site. Utilising the lower area of the site for the larger spa and leisure building location will enable the development to have a good fit within the established landscape whilst limiting its visual impact. 80 The Estate has a well-established structure of policy woodlands and mature trees, and this will be supplemented through additional planting and landscaping. Once tree and woodland planting starts to mature, the proposed built form will be screened further. Overall, the effect of the development on surrounding landscape designations is assessed to be minor. 81 By improving and increasing recreation opportunities in the area and enhancing the woodland structure of the Estate the proposal is considered in accordance with the guidance for the Sidlaw Hills Local Landscape Area. The proposals will not detract from the qualities of this LLA and the identified landscape character of the site and surroundings. 82 The visual effects of the proposal from surrounding representative receptors are not considered to be significant. Any adverse effects will decrease in time through maturing screening and landscape mitigation. The proposal is therefore considered to comply with the aims of NPF4 Policy and LDP2 Policy 39. Page 26 of 126
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Roads and Access 83 NPF4 Policy 13: Sustainable Transport seeks to encourage developments that prioritise sustainable travel while LDP2 Policy 60 Transport Standards and Accessibility Requirements requires consideration of transport and accessibility. The applicant has submitted a Transport Statement in support of the application, and this has been considered by PKC Transportation and Development. 84 It is proposed that the new facilities will be accessed from the existing driveway to the hotel. Six new passing places are required to ensure that construction and operational traffic can adequately access the site (Condition 13). 85 It was initially proposed to provide 24 parking spaces for the lodges and 20 for the spa and leisure facility. Following discussions with PKC Transportation and Development, the lodges are proposed to be provided with 48 standard parking bays, three disabled spaces and three powered two-wheeler parking spaces. The spa and leisure facility will be provided with 32 standard car parking spaces, three disabled car parking spaces and four powered two-wheeler parking spaces. 86 PKC Transportation and Development had initially requested 50 spaces for the spa and leisure facility. However, this was based on a maximum standard and following discussions the level of parking above is considered to be appropriate. The applicant has highlighted that the primary purpose of the spa is to expand the range of facilities available to residents of the hotel and proposed lodges, this will mean that a number of the residents will be utilising existing car parking within the site. It is also proposed to provide a shuttle service for the site. The reduction in car parking and shuttle service is supported by NPF4 and LDP2 policies that seek to reduce the reliance on private cars. 87 Overall, the proposal is acceptable in transport terms subject to further conditions on a Construction Traffic Management Plan, parking details for different transport modes, the core path, signage and a Travel Plan (Conditions 4, 5, 6, 7, 8, 9, 10, 11 and 12) Drainage and Flooding 88 A Flood Risk and Drainage Assessment (FRDA) has been undertaken to assess the potential increase to surface water run off attributed to the development from all possible sources, in accordance with best practise and guidance presented within NPF4. 89 The proposed drainage/SUDS scheme for the site will comprise the management of surface water runoff from the development via a combination of filter drains, subsurface pipework, swales and linear drainage conveying runoff to two SUDS ponds and subsurface cellular storage at the western end of the site. 90 Roof drainage from the lodges will be collected by subsurface pipework whilst road drainage will be collected by parallel filter drains and conveyed to Page 27 of 126
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landscaped swale conveyance features passing through the centre of the development site. These features are composed of a series of three swales, connected by culverts, which collect surface water flows and convey them north- west. The majority of runoff from the holiday lodge area will be conveyed to the southern SUDS pond located at the south-west extent of the development area, with a smaller portion of track drainage conveyed via filter drains to the northern SUDS pond, with attenuated flows from both ponds discharging to the ditch proposed as part of the separately approved driving range development. 91 Runoff from impermeable areas of the spa facility will be collected via filter drains and conveyed to a subsurface cellular storage feature, with the proposed car park comprising permeable paving and discharging directly to the cellular storage, and attenuated flows discharging to the existing ditch along the northern boundary. 92 PKC Flooding and Structures had initially requested the submission of further information/clarifications. This information was subsequently submitted and Flooding and Structures have confirmed that they have no further comments to make on the proposals. 93 Overall, the site is generally at a low risk of flooding and the proposal complies with NPF4 Policy 22: Flood Risk and Water Management; and LDP2 Policy 52: New Development and Flooding and Policy 53: Water Environment and Drainage. Noise and Light Pollution 94 As the spa and leisure facility building will contain plant equipment, including roof mounted air source heat pumps (ASHPs) and the lodges will also be fitted with ASHPs, the applicant has submitted a noise impact assessment (NIA). 95 Noise from fixed plant equipment associated with both the leisure building and proposed lodges have been evaluated with the results predicted to meet the required level across all frequencies. It is however recommended that the ASHPs on the roof of the leisure building have a maximum sound power level (SWL) of 85dB and the ASHPs are sited at the gable ends of the proposed lodges and have a maximum SWL of 74dB. 96 It is noted from the site plan that the leisure building will contain outdoor seating and an external gym/studio area which hasn’t been included in the NIA. As such, to protect residential amenity, a condition in relation to amplified music and outdoor areas will be imposed (Condition 15). 97 An external lighting strategy has been submitted with the application and assessed by Environmental Health. Considering the distance to the nearest residential properties, it is considered unlikely that the development will adversely affect residential amenity. However, a condition is requested to control external lighting (Condition 16). Page 28 of 126
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Waste Collection 98 Waste collection will be carried out using small electric buggies or carts. Refuse will be collected from the lodges and taken to the existing waste storage area of the hotel. No additional waste/storage facilities are required owing to existing capacity at the hotel. Conservation Considerations 99 A Heritage Impact Assessment has been submitted in support of the application and has been assessed by Historic Environment Scotland (HES), Perth and Kinross Heritage Trust (PKHT) and PKC’s Conservation Officer. 100 PKHT has advised that the proposed development site lies within an area that has known archaeological remains and is considered to have archaeological potential. As a result, PKHT recommend that a programme of archaeological works is attached as a condition (Condition 26) to ensure the development and its impact on known and potentially unknown archaeological remains is appropriately dealt with. The details of this programme should be agreed in advance of works in a Written Scheme of Investigation with PKHT. 101 The requested condition will ensure that the proposal complies with NPF4 Policy 7: Historic Assets and Places and LDP2 Policy 26: Scheduled Monuments and Archaeology. Natural Heritage and Biodiversity 102 NPF4 Policy 1: Sustainable Places, Policy 3: Biodiversity, Policy 4: Natural Places and Policy 6: Forestry, Woodland and Trees are relevant considerations as are LDP2 Policies 38: Environment and Conservation, 40: Forestry, Woodland and Trees and 41: Biodiversity. 103 The Council will seek to protect and enhance all wildlife and habitats, whether formally designated or not, considering natural processes in the area. 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. The necessary surveys have been carried out in line with best practice and it is recommended that the conclusions and recommended action points within the surveys are required by condition (Condition 21). 104 NPF4 requires that major developments demonstrate that they will enhance biodiversity, so they are in a better state than without intervention – including future management. This should include significant enhancements following avoidance, mitigation and compensation for all biodiversity loss. 105 A Site Biodiversity Action Plan has been submitted but is not considered to achieve the significant enhancement NPF4 requires. Four bat boxes, four bird Page 29 of 126
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boxes, an undisclosed number of hedgehog boxes and wildflower meadow sowing are proposed. 106 More is required to bring the biodiversity enhancement in accordance with NPF4 and what is required in the PKC Planning for Nature Guidance including: • More bird boxes • More bat boxes • More hedgehog boxes • Create hedgehog highways in any fence lines • Install wildlife kerbs adjacent to all road gullies within 500m of a SUDS pond. 107 Conditions are recommended to ensure that biodiversity enhancement is provided in accordance with NPF4 (Conditions 23 and 25). 108 The submitted Tree Survey indicates 18 individuals, plus groups of trees are proposed to be felled to facilitate the development access. The Scottish Government Policy on Control of Woodland Removal advises that there will be a presumption in favour of protecting woodland resources. Where the loss of woodland is unavoidable, mitigation measures in the form of compensatory planting will be required. 109 The accompanying landscape strategy details the proposed additional tree planting to be delivered on site, mitigating the proposed tree losses through compensatory tree planting and resulting in an increase in tree cover as a result of the development. 110 Overall, the proposals are considered to comply with the relevant policies of NPF4 and LDP2. Low and Zero Carbon Generating Technologies 111 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. An Energy Statement submitted in support of the application advises that the following sustainability points are included within the design of the spa and leisure facility and lodges: • An all-electric development is proposed which will lower the operational carbon of the development and there is no proposed new gas to the site. Page 30 of 126
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• Around 570m2 of solar PV is proposed on the spa and lodges to maximise the proposals use of zero operational carbon electricity. • The development will use an air source heat pump (ASHP) / variable refrigerant volume (VRV) and solar photovoltaic (PV) panels to supply low and zero carbon internal conditioning and energy. The use of an ASHP / VRV will save between 11 – 50 kgCO2/m2 when compared to using gas. The use of using solar PV will save between 5 – 11 kgCO2/m2 compared to not using an array. • All U-values will be at, or are a significant improvement upon, the required U- Values as defined by the Scottish Building Standards Non-Domestic Handbook. • 100% of the lighting shall be served by highly efficient LED luminaires. • All systems can be centrally controlled to maximise operational efficiency. 112 The proposal therefore complies with the relevant policies. Developer Contributions 113 The Council’s Transport Infrastructure Developer Contributions Supplementary Guidance requires a financial contribution towards the cost of delivering the transport infrastructure improvements which are required for the release of all development sites in and around Perth. 114 The site is located in the ‘Full’ Transport Infrastructure contributions zone (Appendix 3 of the Supplementary Guidance). 115 Holiday accommodation is calculated at the “Residential – Affordable” rate per unit, and this will be applied to the 25 proposed lodges. 116 New floorspace for the spa and leisure facility is calculated at the “Non- Residential Other” rate, and staff/ office facilities may be calculated at the “Employment” rate. 117 Therefore the required contribution towards the cost of delivering the transport infrastructure improvements is as follows: o Transport Infrastructure: o Lodges: (25 x £2,184) £54,600 o Facility: (1,607 x £57) £91,599 o Staff areas: (660 x £17) £11,220 o Total: £157,419 118 Subject to completion of a Legal Agreement, or upfront payment, the application is considered to satisfy contribution and infrastructure requirements. Page 31 of 126
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Economic Impact 119 As part of the larger planning permission in principle, the applicant advised that they believe there is an opportunity to reposition Murrayshall as one of the leading four-star hotel and golf resorts in Scotland. They aim to achieve this through the provision of a more extensive resort offering, including the development of a spa and leisure club, new accommodation facilities, outdoor pursuit facilities, and an enhanced golfing experience. This will enable the resort to create additional income streams, reduce the risk of seasonality, become more operationally efficient and capture new customer segments. 120 This application represents a small part of the wider vision for Murrayshall and seeks to diversify the existing accommodation offer and appeal to customers seeking a more experiential stay. 121 During the construction period, jobs will be created and sustained, supporting indirect employment and revenue that this volume of construction activity will generate from employees spending on local goods and services. Longer term, additional residents to the area will support existing local employment and services in the area. Variation of Application Under Section 32a 122 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 the vehicular and cycle parking to ensure adequate provision is made for the development. Planning Obligations and Legal Agreements 123 A Legal Agreement may be required to secure necessary transport infrastructure requirements, unless an upfront payment is received. Direction by Scottish Ministers 124 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 125 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 Page 32 of 126
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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 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 hereby approved shall be used solely for holiday accommodation and shall not be occupied as the sole or main residence of any occupant. Reason - In order to clarify the terms of the permission; to control and restrict the use of the building. Transport 4. 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; Page 33 of 126
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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 interest of proper site management. 5. Prior to the occupation of each lodge in Phase 1 as shown on Drawing 54, each lodge shall be provided with a minimum of 2 parking spaces. On occupation of the final lodge within Phase 1, a total of 48 standard car parking bays will be provided plus 3 disabled parking bays being provided, resulting in a total of 51 car parking spaces on site, as shown on Drawing 54. Reason - In the interest of providing a suitable number of off-street lodge parking 6. Prior to commencement of any development on Phase 1 of the Lodge development, a detailed design for the proposed secure covered cycle parking facility for a minimum of 10 cycles, including its location, shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The cycle parking, as approved in writing, shall be implemented in accordance with the approved details prior to the lodge development being brought into use. Reason - To encourage active travel and meet advice within National Planning Framework on transport for the lodge development 7. Prior to commencement of any development on Phase 1 of the Lodge development, a detailed design for the proposed powered tow wheeler parking Page 34 of 126
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facility for a minimum of 3 powered two wheelers, including its location, shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The powered two wheelers parking, as approved in writing, shall be implemented in accordance with the approved details prior to the lodge development being brought into use. Reason - In the interest of providing a suitable number of off-street lodge parking. 8. Prior to commencement of any development on the Spa and Leisure Facility, a detailed design for the proposed parking shall be provided for the following elements: • 32 standard car parking spaces • 3 disabled car parking spaces • 4 powered two-wheeler parking spaces Including its location, shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The parking, as approved in writing, shall be implemented in accordance with the approved details prior to the Spa and Leisure Facility being brought into use. Reason - In the interests of road safety; to ensure the provision of adequate off- street parking facilities for disabled visitors and motorcyclists. 9. The cycle parking as shown on Drawing 55, shall be constructed and operational prior to the Spa and Leisure Facility being brought into use. Reason - To encourage active travel and meet advice within National Planning Framework on transport. 10. The core path which forms part of the 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 development. Any temporary restrictions to public access required to 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. 11. Prior to commencement of any development on site, a detailed design showing the signage for the development shall be provided with the following schemes being designed: a) directional signage to be added to the public road network to direct customers to the development site entrance along the preferred routes as discussed in the Transport Statement; Page 35 of 126
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b) directional signage to be removed from the public road network to encourage customers to use the preferred route detailed as discussed in the Transport Statement; and c) passing place signage along the U84 and U85 from the A94 to the development site entrance from the public road network The scheme shall be submitted to, and approved in writing by, the Council as Planning Authority. The submission will confirm the location of the signage, specification and detailed design. The scheme for the approved shall thereafter be implemented in full, prior to the first element of the development hereby approved being completed or brought into use. Reason: In the interests of road, to direct customers of development site along the preferred route. 12. No part of the development shall be occupied until a Travel Plan, aimed to encourage more sustainable means of travel, has been submitted to and agreed in writing by the Council in consultation with Transportation and Development. The Travel Plan will have particular regard to provision for walking, cycling and connections to public transport access to in the form of the shuttle service, detailing the frequency of the service and will identify the measures to be provided along with 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. 13. Prior to commencement of any development on site, a detailed design for a minimum of six passing places shall be submitted and approved in writing by the Planning Authority in consultation with the Roads Authority for the following locations: • Passing Place 3 - Unmade layby at 227m as detailed in the Transport Statement in Appendix G - Passing Place Plan (SK005); • Passing Place 4 -Verge at 470m as detailed in the Transport Statement in Appendix G - Passing Place Plan (SK005); • Passing places 7 - Field entry on right at 1090 m as detailed in the Transport Statement in Appendix G - Passing Place Plan (SK005); and • Passing places 11 - Verge at the pedestrian access gate to Bonhard House at 1900 m as detailed in the Transport Statement in Appendix G - Passing Place Plan (SK005); and • Passing places 13 - Verge at 2040 m as detailed in the Transport Statement in Appendix G - Passing Place Plan (SK005); and • Passing places 15 -Verge at 2320 m as detailed in the Transport Statement in Appendix G - Passing Place Plan (SK005) Page 36 of 126
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The passing places, shall be provided with a minimum carriageway width of 5.5 metres, for a minimum length of 11 metres with 30 degree tapers and surfaced in accordance with the Perth & Kinross Council's Road Development Guide at the agreed locations. The passing places, as approved in writing, shall be implemented in accordance with the approved details and be constructed and operational in advance of any further works being undertaken on site. Once provided, the passing places shall thereafter be permanently retained as such. Reason - To ensure the existing road network can accommodate the traffic likely to be associated with the proposed development in the interests of road safety. Amenity 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. 15. No amplified music, shall be permitted in the outdoor seating or external gym/studio area at any time. Reason - In order to safeguard the neighbouring residential amenity in the area. 16. 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. Reason - In order to safeguard the neighbouring residential amenity in the area. 17. 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 or bank holidays (as identified by Scottish Government). Reason - In order to safeguard the neighbouring residential amenity in the area. 18. Mitigation measures as described in Sections 5.5 of the Noise Impact Assessment undertaken by ITP Energised dated 25.03.2024, shall be undertaken to ensure a satisfactory level of residential amenity can be achieved. Reason - In order to safeguard the neighbouring residential amenity in the area. Page 37 of 126
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Trees and Landscaping 19. 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 a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 20. The detailed landscaping plan, 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. Biodiversity 21. The conclusions and recommended action points within the supporting Ecological Impact Assessment, Biodiversity Plan and Invasive Non-Native Species Management Plan submitted and hereby approved (drawing numbers 52, 63 and 64 relate) 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 biodiversity. 22. An updated ecology survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the ecology 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). 23. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, 12 bird nesting boxes, 12 bat roosting boxes, 10 hedgehog boxes shall be provided on suitable locations within the red line boundary. Thereafter, the agreed scheme shall be maintained in a reasonable Page 38 of 126
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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, 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. 25. 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 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. Archaeology 26. 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. Materials 27. Prior to the commencement of the spa and leisure building hereby approved, details of the specification and colour of the proposed external finishing materials Page 39 of 126
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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 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 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 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, as amended. 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. Page 40 of 126
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4. The planning permission decision notice shall not be issued until such time as the required Developer Contributions have 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. 5. 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. 6. The applicant can seek guidance on the detailed design and positioning of the cycle storage from Transport Scotland's Cycling by Design 2021 or similar design guide. 7. 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 Environmental Protection Agency. 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 passing places and require remedial works. Contact Perth & Kinross Council Road Maintenance Department for further details. Page 41 of 126
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10. 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. 11. 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. 12. Part of the approved development includes holiday accommodation or Short-term Let accommodation (STL). The developer is advised that holiday accommodation and STLs require to be licensed under the terms of Article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-terms Lets) Order 2021 and therefore a licence application should be made to Perth and Kinross Council prior to operation commencing. Further information and application forms are available at https://www.pkc.gov.uk/shorttermlets. 13. Further information on the need for and level of provision of Changing Places Toilet Facilities can be found in Section 41B of the Town and Country Planning (Scotland) Act 1997, the Town and Country Planning (Changing Places Toilet Facilities) (Scotland) Regulations 2020 and the associated Circular 1/2020: Changing Places Toilets Regulations. 14. No work shall be commenced until an application for building warrant has been submitted and approved. 15. 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 the vehicular and cycle parking to ensure adequate provision is made for the development. Background Papers Letters of representation 56 Authors Name Designation Contact Details Alex Gudgeon Planning Officer (Major Team) 01738 475300 Page 42 of 126
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Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 29 January 2025 Page 43 of 126
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Ü Erection of spa and leisure facility, 25 holiday accommodation units, formation of vehicular access, parking areas, landscaping, drainage and associated works at Murrayshall House Hotel, Murrayshall, Perth 24/00435/FLM Scale 1:15,000 Planning and Placemaking Committee - 12 February 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 45 of 126
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Ü Erection of spa and leisure facility, 25 holiday accommodation units, formation of vehicular access, parking areas, landscaping, drainage and associated works at Murrayshall House Hotel, Murrayshall, Perth 24/00435/FLM Scale 1:5,000 Planning and Placemaking Committee - 12 February 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 47 of 126
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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. 5(1)(ii) Page 49 of 126
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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 Page 50 of 126
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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. Page 51 of 126
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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 Page 52 of 126
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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 Page 53 of 126
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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 Page 54 of 126
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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 Page 55 of 126
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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 Page 56 of 126
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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. Page 57 of 126
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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. Page 58 of 126
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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. Page 59 of 126
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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). Page 60 of 126
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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. Page 61 of 126
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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. Page 62 of 126
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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. Page 63 of 126
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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. Page 64 of 126
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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, Page 65 of 126
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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. Page 66 of 126
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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 Page 67 of 126
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Ü 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) at Land At Bertha Park, Perth 24/01303/AMM Scale 1:25,000 Planning and Placemaking Committee - 12 February 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)(ii) Page 69 of 126
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Ü 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) at Land At Bertha Park, Perth 24/01303/AMM Scale 1:10,000 Planning and Placemaking Committee - 12 February 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)(ii) Page 71 of 126
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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. 25/31) PROPOSAL: Erection of a brewery, tap room, storage, formation of vehicle access, parking area, installation of EV charging point, formation of outdoor seating area, landscaping and associated works LOCATION: Land 50 metres south of Council Cottages, Ferry Road, Pitlochry Ref. No: 23/01742/FLL Ward No: P4- Highland Summary This report reconsiders this application as the previously issued permission was quashed and the case returned to the Council for reconsideration, following a judicial review. That previous decision to approve was taken at the Planning and Placemaking Committee on 5 June 2024. This report recommends approval of the application as, whilst the development is contrary to NPF4 Policy 6 b) i) due to the loss of ancient woodland, it is considered that the loss of trees would be limited and acceptable due to other material considerations, and the removal of dead and invasive species will enhance and improve the woodland and woodland habitat. Further, looking at the Development Plan in the round the development is considered to comply with its wider relevant provisions and there are no material considerations which are considered to justify refusal of the application. Background and Description of Proposal 1 The application is unchanged from that considered by this Committee on 5 June 2024 and remains as a brewery comprising of: production and cold store facilities, and a taproom serving food and drink with a small shop and outdoor seating. The proposal includes parking for 3 vehicles and 1 accessible parking bay with an EV charging point, cycle parking and associated hard and soft landscaping. 2 It is indicated that the core operating hours of the overall facility will be 08:00 – 22:00 Tuesday – Sunday. The taproom, opening 11:00 – 22:00, would have a capacity of 96 persons internally, and a further 36 externally. 5(2)(i) Page 73 of 126
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3 The application site is a largely cleared area with woodland around its periphery and extends to some 1824 sqm. It sits on the south side of Ferry Road, Pitlochry. The site consists of a large and open flat area (formerly used as a site compound), with steeply banked sides and trees to the east, south and west. It is proposed to fell 3 trees and one tree group to enable the development. 6 dead oak trees are also to be removed. Compensatory planting is proposed, together with bird and bat boxes on the brewery building. 4 A single level building is proposed, comprising two pitched roof sections connected by a low flat roof. The brew hall will have feature glazing on the northern elevation and an internal glazed partition to showcase the technical production equipment utilised by the brewery. The buildings walls are to be finished in dark grey corrugated metal sheeting, grey aluminium and timber windows and doors and grey aluminium rainwater goods. The roof is to be of corrugated steel sheeting, in the same dark grey colour as the wall sheeting, with translucent roof sheeting/skylights into the brew hall, taproom and goods incoming area. Roof mounted solar panels are proposed on the south roof slope. The north/street facing elevation and one east facing pitched roof will feature company logos and signage, although this will require separate Advertisement Consent. 5 Pitlochry Community Hospital is approximately 50m to the northwest and Balhousie Pitlochry Care Home approximately 50m to the southwest. Residential properties (Burnside Cottages) are located 20m to the north and 50m to the east at Bobbin Mill (also known as Tombauld Cottages). Judicial Review of the decision to approve the application 6 The application was presented to the Planning and Placemaking Committee on 5 June 2024 when the application was approved. 7 That grant of planning permission was subsequently challenged in the Court of Session by a judicial review. 8 The basis for challenge was that: (i) the proposed development site includes an area of ‘ancient woodland’ and that this aspect had not been considered in the Report of Handling, and (ii) the Council had failed to comply with the public sector equality duty set out in the Equality Act 2010, Section 149. 9 It was accepted that a full assessment in relation to ancient woodland, in terms of NPF4 Policy 6 was not clearly carried out and addressed in the original Report of Handling and that this should have happened. 10 Following consideration of the first ground of challenge, the judicial review was not opposed by the Council, the planning permission resulting from the approval on 5 June 2024 was revoked and this planning application has been reverted back to the Planning and Placemaking Committee for re-consideration in its Page 74 of 126
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entirety, with the ancient woodland issue covered in detail. The petitioner’s second ground of challenge in terms of the Equality Act 2010 was not accepted. Site History 11 08/02104/FUL Full Planning Permission was approved on 7 April 2009 for the erection of 3 workshop/office units. The layout in that instance had the three units located eastwards of the site access, at the bottom of the embankment/access road leading up to the Bobbin Mill site. Yard space was to be located to the west, leading to the south of the site where 6 parking spaces were indicated at the edge of the southern embankment. 12 11/01434/FLL Full Planning Permission was approved on 25 November 2011 for the erection of building to be used as a timber merchants. The layout in that application saw an L-shaped building, angled away from the road to the north, with a small parking and associated turning area. The proposals in that application were located slightly further away from the contoured embankments within the application site. Pre-Application Consultation 13 Pre application Reference: 23/00073/PREAPL – The planning response recognised that this was a hybrid proposal and there may be an opportunity to split the uses into employment land and town centre locations. A sequential assessment would be required for any future application to demonstrate there are no suitable alternative sites and to also demonstrate the proposed development would be compatible with the residential and health uses in the immediate surrounding area. 14 The proposed development is not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was not required to undertake not any formal pre- application consultation with the local community. Development Plan 15 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 16 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. Page 75 of 126
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17 NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 18 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 9: Brownfield, Vacant and Derelict Land and Empty Buildings • Policy 12: Zero Waste • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 20: Blue and Green Infrastructure • Policy 22: Flood Risk and Water Management • Policy 23: Health and Safety • Policy 26: Business and Industry • Policy 27: City, Town, Local and Commercial Centres • Policy 30: Tourism Perth and Kinross Local Development Plan 2019 19 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. 20 The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 6: Settlement Boundaries • Policy 13: Retail and Commercial Leisure Proposals • Policy 14A: Open Space Retention and Provision: Existing Areas • Policy 15: Public Access • Policy 18: Pubs and Clubs in Residential Areas • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 40A: 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 Page 76 of 126
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• Policy 52: New Development and Flooding • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 53E: Water Supply • Policy 55: Nuisance from Artificial Light and Light Pollution • Policy 56: Noise Pollution • Policy 57: Air Quality • Policy 58A: Contaminated and Unstable Land: Contaminated Land • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Other Policies Statutory Supplementary Guidance • Supplementary Guidance - Air Quality (adopted in 2020) • (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020) PKC Non-Statutory Guidance • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance 21 The Scottish Government expresses its planning policies through Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars, in addition to NPF4. Planning Advice Notes 22 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 75 Planning for Transport • PAN 77 Designing Safer Places Creating Places 2013 23 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 77 of 126
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contribute to a flourishing economy and set out actions that can achieve positive changes in our places. Designing Streets 2010 24 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 25 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 26 As part of the planning application process the following bodies were consulted: External 27 Network Rail - No objection, subject to an informative being attached to any planning permission granted to highlight the site is close to a railway underbridge. 28 Perth and Kinross Heritage Trust - No objection. No issues identified in respect of archaeology. 29 Scottish Water - No objection. Requested further information on the water abstraction volume as the site is in a Drinking Water Protected Area. Notes the impact on Water Resources and the operation of the brewery and accompanying amenities has been reviewed against the confirmed abstraction volume of 200,000 litres per annum (0.2Ml/annum). Assuming this water usage remains consistent with these values, Scottish Water confirm the proposal can be considered as low-medium risk regarding Water Resources. Thus, no objections with the proposed volume of water but request that they should be notified by the applicant if these volumes change. Scottish Water also request that prior to work commencing on site they are notified as they may wish to take water samples as a precaution to protect water quality. It is recommended that an informative be attached to any planning permission granted (Informative 5). 30 Scottish Environment Protection Agency - No objection. 31 NatureScot - No response. Page 78 of 126
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Internal 32 Biodiversity/Tree Officer - No objection, subject to conditions. The consultation response was further updated in November 2024 following the judicial review to address the issue of ancient woodland. The consultation response is discussed in detail below. 33 Structures and Flooding - No objection following review of further detailed information submitted during the application process. 34 Environmental Health (Contaminated Land) - No objection. Advise an inspection of the proposed development site did not raise any real concerns, although mapping does indicate that there is land formerly occupied by various potentially contaminative sources nearby. The applicant is advised that there may therefore be potential for contamination within the site. Informative recommended. 35 Environmental Health (Noise Odour) - No objection subject to conditions following review of further detailed information submitted during the application process. 36 Environmental Health (Private Water) - No objection. The applicant has stated that Public Mains water will be used, therefore as no existing private water supplies will be affected by the proposed activities there is no comment at this time. 37 Development Contributions Officer - No contribution required in line with supplementary guidance. 38 Transportation and Development - No objection subject to conditions following review of further information and revised plans requested after a site meeting on 5 February 2024 with the applicant’s agent, Tree Officer and Planning Officer. 39 Development Plan - Reviewed further supporting information submitted during the application process to ensure compliance with policies in NPF4 and LDP2. 40 Commercial Waste Team - No objection. Bin storage sufficient. Representations 41 30 representations were received including 6 objections, 2 neutral representations and 22 letters of support. The main issues raised within the objections are: • Noise, disturbance and nuisance – detrimental impact on residential amenity • Detrimental impact on natural environment and protected species Page 79 of 126
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• Catastrophic negative impact on the ancient woodland • Traffic impact • Road and pedestrian safety • No evidence of impact assessment on sewerage, water pollution or flood risk • Impact on access to residential homes at Bobbin Mill • Air and noise pollution • Contaminated site • Poor design • The proposed use is incompatible with surrounding land uses which includes a care home and medical centre • Contrary to LDP policies including open space • Detrimental impact on safety of nearby residents, including those with protected characteristics • Loss of privacy 42 The objections referred to the public sector equality duty under Section 149(1) of the Equality Act (2010) and relevant human rights legal instruments to have due regard to the need to eliminate harassment. The objections state that granting permission for the development will increase the risk of the Gypsy Travellers who live near to the site suffering harassment on account of their race. 43 The Atholl Medical Centre requested the following matters be noted - that the NHS site includes an ambulance dept with 24/7 access required; there should be no obstructive parking on Ferry Road with access for GPs and staff required at all times; and the parking at the medical centre is for the benefit of users of the hospital and GP surgery only. 44 The letters of support consider the development would bring wide ranging economic benefits to the town and enhance the local area. 45 The issues raised are considered in the report. Additional Statements 46 Screening Opinion EIA Not Required Environmental Impact Assessment (EIA): Environmental Report Not Required 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 e.g. Flood Risk Assessment Submitted - Ecological Survey, Tree Survey, Drainage Assessment, Noise Impact Assessment, Odour Impact Assessment Page 80 of 126
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Appraisal 47 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 2 (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 and issues raised in the representations. Principle 48 A number of policies are relevant to the proposal, a mixed-use development on a site located outwith the Pitlochry Town Centre boundary, as identified in LDP2. 49 NPF4 Policy 26 Business and Industry supports development on sites allocated for business and industry uses in the LDP (paragraph a). However, the site is not allocated for business and industry use in LDP2. As such, NPF4 Policy 26 d) applies and this states that “development proposals for business, general industrial and storage and distribution uses outwith areas identified for those uses in the LDP will only be supported where: i. It is demonstrated that there are no suitable alternatives allocated in the LDP or identified in the employment land audit; and ii. The nature and scale of the activity will be compatible with the surrounding area.” 50 NPF4 Policy 27 City, Town, Local and Commercial Centres applies the Town Centre First approach to help centres adapt positively to long-term economic, environmental and societal changes, and by encouraging town centre living. 51 NPF4 Policy 27 b) states “proposals for uses which will generate significant footfall, including commercial, leisure, offices, community, sport and cultural facilities, public buildings such as libraries, education and healthcare facilities, and public spaces: i. will be supported in existing city, town and local centres, and ii. will not be supported outwith those centres unless a town centre first assessment demonstrates that: • all centre and edge of centre options have been sequentially assessed and discounted as unsuitable or unavailable; • the scale of development cannot reasonably be altered or reduced in scale to allow it to be accommodated in a centre; and Page 81 of 126
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• the impacts on existing centres have been thoroughly assessed and there will be no significant adverse effect on the vitality and viability of the centres.” 52 This policy aligns with LDP2 Policy 13: Retail and Commercial Leisure Proposals. 53 Also of relevance is LDP2 Policy 18: Pubs and Clubs in Residential Areas which states there will be a presumption against the siting of these in the midst of other (particularly residential) uses where problems of noise or disturbance cannot be satisfactorily addressed. 54 NPF4 Policy 30 Tourism intends to encourage, promote and facilitate sustainable tourism development which benefits local people, is consistent with national net zero and nature commitments, and inspires people to visit Scotland. Policy 30 a) states “development proposals for new or extended tourist facilities or accommodation, including caravan and camping sites, in locations identified in the LDP, will be supported”. The site is not identified in the LDP for a tourism related use. As such Policy 30 b) applies and this states “proposals for tourism related development will take into account: i. The contribution made to the local economy; ii. Compatibility with the surrounding area in terms of the nature and scale of the activity and impacts of increased visitors; iii. Impacts on communities, for example by hindering the provision of homes and services for local people; iv. Opportunities for sustainable travel and appropriate management of parking and traffic generation and scope for sustaining public transport services particularly in rural areas; v. Accessibility for disabled people; vi. Measures taken to minimise carbon emissions; vii. Opportunities to provide access to the natural environment.” 55 A supporting statement has been submitted to address national and local planning policies. This highlights that the business, an independently owned & managed craft brewery, has outgrown its current site in Blair Atholl and is seeking to relocate to a site in Pitlochry where its operations first began in 2016. It notes that the relocation of the brewery will move 3.5 full time existing jobs to Pitlochry, it will also immediately create at least 2.5 full-time jobs in Pitlochry, with a further 2 full-time jobs expected in the years to come. 56 The business requires more space than its current location can provide and there is a lack of suitable existing industrial space for growth in Pitlochry, with no sites identified in the town centre that are large enough to accommodate the business. The statement reports that splitting the production and taproom uses between two sites has been considered but is economically unviable and inefficient. Single site operation is thus considered a necessity for the business. The implications of Page 82 of 126
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multi-site operation for licensing would mean duplicating the operational effort, and the cost and complexity of the business. The statement highlights the aspiration for a combined production and taproom experience is very similar to that of a distillery & visitor experience. 57 In respect of NPF4 Policy 26, the statement reports there are no suitable alternative sites allocated in Pitlochry with very limited areas of employment safeguarding and no specific development sites identified for further employment, business and industry development. The nature of activity proposed is not incongruous with the surrounding context of the area, which features a mixture of town centre businesses, industry, tourism, residential, healthcare and leisure. The proposals are conscious of the neighbouring residential amenity and the healthcare facilities to the west. A noise impact assessment (NIA) has been carried out which demonstrates there is negligible impact to the surrounding area. The NIA also sets out mitigation recommendations, which can ultimately be conditioned (Condition 15). It also highlights a licensed business must comply with the Licensing (Scotland) Act 2005 and preventing public nuisance and crime and disorder, amongst other elements, are core components of the business operating plan and associated operational policies that will be governed by Perth and Kinross Licensing Board on an ongoing basis. 58 The site was selected predominantly because of its proximity to the town centre boundary. In line with LDP2 Policy 27b) ii) the site is considered a suitable “edge of centre option” being close to the boundary of the town centre in LDP2. The scale of the development cannot be reasonably altered or reduced to accommodate it within the town centre and the supporting statement asserts there would be no significant adverse impact on the vitality and viability of the existing centre. The proposed site achieves a greater balance of all desired outcomes over a town centre location and is the best option available for the space required. The statement reports the location is extremely accessible, being no more than a 4-minute walk from the train station and the town centre junction with Ferry Road. 59 The supporting statement highlights that existing signage already encourages tourism foot traffic from the town centre along Ferry Road toward the Pitlochry Recreation Ground, Dam & Visitor Centre, Fish Ladder and Festival Theatre. There are other business & industry uses along Ferry Road including a restaurant and game butcher, meaning footfall from the town centre towards Ferry Road and across the River Tummel, is already established. The proposal will create a further attractive destination for tourism and create additional footfall between the town centre and brewery bringing wider economic benefits. 60 In respect of NPF4 Policy 30 Tourism, the supporting statement addresses the relevant criteria and reports the proposal would create a dynamic visitor experience and tourist destination in Pitlochry and increase local economic benefits through tourism, in line with Policy 30 b) i) and ii) the proposed land use and scale of development is compatible with the surrounding area. In line with Policy 30 b) iv) and v) the site is easily accessible via sustainable travel modes Page 83 of 126
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and the scheme is designed to be accessible for disabled people. It outlines the business is very carbon conscious, and a variety of renewable technologies will be employed to minimise carbon emissions in line with Policy 30 b) vi). The proposed site is adjacent to a core path and provides visitors with the opportunity to access the surrounding natural environment in line with Policy 30 b) vii). 61 The supporting statement reports the brewery is not just a bar or shop it is a destination which will provide visitors with a full experience, seeing the end-to- end production process, completed with an opportunity to sample the end produce and experience the taproom which will showcase the best of the brewery. The proposals are considered to successfully achieve the Policy 30 intent of promoting and facilitating sustainable tourism which benefits local people and is consistent with NPF4 net zero and nature commitments, providing further inspiration for people to visit Scotland. 62 The supporting statement demonstrates why a combined facility is required and that splitting the production and taproom uses between two sites is economically unviable and inefficient and that the combined facility would operate very similar to a distillery/visitor experience. 63 It demonstrates a site selection process has been undertaken and there are no suitable industrial sites available large enough to accommodate the business growth required. The statement notes that the Ferry Road site achieves the greater balance of the desired outcomes of the business, over a town centre location where the brewery/production use would be closer to a higher density of noise/odour sensitive receptors. 64 The supporting statement also addresses the compatibility of the proposal in relation to the surrounding area, including ensuring residential amenity is not adversely impacted. In respect of amenity, also of relevance is LDP2 Policy 18: Pubs and Clubs in Residential Areas which states there will be a presumption against the siting of these in the midst of other (particularly residential) uses where problems of noise or disturbance cannot be satisfactorily addressed. A Noise Impact Assessment (Document 41) reports it is not likely that adverse impacts will be experienced at any receptor due to the development. The Odour Assessment (Document 33) reports odour from the proposed development is predicted to be of negligible significance, subject to the satisfactory implementation of mitigation measures (Condition 14). The supporting documents have assessed the potential problems of noise or disturbance, and this has been satisfactorily addressed in line with national and local planning policy. This is reviewed further later in the report under ‘Residential Amenity’. 65 The supporting statement does not provide a specific Town Centre Assessment, as required by NPF4, rather further information is provided justifying the selection of the site based on the operational requirements of the development alongside the benefits of the edge of town centre location in achieving the best balance to meet the objectives of the various elements of the business. Page 84 of 126
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66 Overall, it is considered that sufficient justification has been provided and that there will be no significant adverse effect on the vitality and viability of the town centre. The site is edge of centre, easily accessible from the town centre and well connected to other uses in the surrounding area offering an opportunity for greater interaction and linked trips to enhance the quality of experience in the town. To protect surrounding amenity conditions are recommended as outlined later in the report. As a new tourism facility, the supporting statement demonstrates the proposal meets the criteria set out in Policy 30 b). 67 The proposal satisfies NPF4 Policy 26 Business and Industry, NPF4 Policy 27 City, Town, Local and Commercial Centres, NPF4 Policy 30 Tourism and LDP2 Policy 13: Retail and Commercial Leisure Proposals and LDP2 Policy 18: Pubs and Clubs in Residential Areas. Design and Layout 68 NPF4 Policy 14 Design, Quality and Place states development which is poorly designed, detrimental to the amenity of the surrounding area or inconsistent with the six qualities of successful places will not be supported. LDP2 Policy 1: Placemaking aligns with this national policy and states development must contribute positively to the quality of the surrounding built and natural environment. All development should be planned and designed with reference to climate change, mitigation and adaptation. The design, density and siting of development should also respect the character and amenity of the place, and should create and improve links within and, where practical, beyond the site. Proposals should also incorporate new landscape and planting works appropriate to the local context and the scale and nature of the development. LDP2 Policy 1B sets out the placemaking criteria which should be met. 69 As set out in paragraph 4, the building would have accommodation over one floor and be of a bespoke design and finish. The front/north elevation was amended to accommodate a recessed roller shutter door and delivery bay (Drawing 52). The supporting planning statement highlights the design strategy was to respond sensitively to a site which has a flat central area and is sheltered by the topography and tree screening (Document 42). The mass of the building is broken up to reduce its visual impact with materials selected to help the building recede into the landscape. The exterior landscaping will feature concrete retaining walls to the south to account for minimised cutting into the existing slopes. 70 The proposals make the best use of the site and its orientation to create a building that sits sheltered by its surroundings. The plan is predominantly linear and follows the line of the existing grass clearing of the site, with the taproom extending out toward the east from the main brewery building. This L-shape helps create a sheltered public courtyard and outdoor seating area. All accommodation is at ground floor with level access from external circulation routes. Car parking is also kept to a minimum, to encourage the use of public transport, cycling and walking. Although a disabled parking bay is provided. Page 85 of 126
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There is also a large bike stance area proposed to encourage visitors to cycle to the premises. 71 Overall, the design and layout of the proposed development has been sensitively considered to respect the site topography and surrounding natural and built environment. The bespoke design incorporates sustainable design and construction and new planting is proposed to enhance the surrounding woodland and the setting of the new building. The proposal satisfies NPF4 Policy 2: Climate Mitigation and Adaptation and NPF4 Policy 14 Design, Quality and Place and LDP2 Policy 1: Placemaking and LDP 2 Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development. Residential Amenity 72 NPF4 Policy 14 Design, Quality and Place and LDP2 Policy 1: Placemaking requires development to respect the amenity of the place. NPF4 Policy 23 Health and Safety aims to protect people and places from environmental harm and LDP2 Policy 55: Nuisance from Artificial Light and Light Pollution, LDP2 Policy 56: Noise Pollution and LDP2 Policy 57: Air Quality aligns with national planning policy. 73 There are potential noise sources associated with the proposed development. These include: from patrons, including in the outdoor seating area; vehicles; and plant equipment. Noise sensitive receptors include residential properties to the north and east of the site, Balhousie Care Home and Pitlochry Community Hospital to the west. In the instance of Burnside Cottages to the north, the approximate distance to the facility would be 23 metres, from the southern gable of the dwelling to the north face of the brewery building. In respect of the outdoor seating area, it would be approximately 34 metres, although it would be partially obscured by the corner of the brew hall. It should be noted that the south face of Burnside Cottage has no window or door openings, and windows either face east, west or north. There are however small areas of intervening external garden ground. Similarly, the distance to the nearest properties at the Bobbin Mill is approximately 90 metres to the east, from the external seating area, with intervening woodland and topographical change. It must also be appreciated that the Ferry Road area is also well used, particularly with activity associated with the Community Hospital and care home, which already creates activity and noise in the vicinity. Notwithstanding, at those respective distances to Burnside Cottages and Bobbin Mill, while the erection and operation of the facility would represent a change on the current situation, it is not considered that the associated noise impacts would be significant enough to warrant refusal of this application. Similarly, given the position in respect of distance to the respective residential properties, and intervening public roads and footpaths, it is not considered that any undue privacy issues would arise. 74 The applicant submitted a Noise Impact Assessment (NIA) in November 2023 (Document 35). Following discussion between Environmental Health (EH) and the noise consultant, an updated NIA was submitted in December 2023 Page 86 of 126
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(Document 41). The scope and approach of the assessment was completed considering both local planning policy and agreed methodology and criteria with PKC. 75 Background noise surveys were undertaken and are outlined in the NIA. In respect of plant equipment these are all well within the acceptable limits, provided that there is no change to the number and type of plant equipment installed. Internal activities were assessed, and one issue raised was the use of a compressor in the ‘goods incoming area’ whilst the shutter door is open. Therefore, it is advised that the air compressor should not be in use whilst the shutter door is open, noting that deliveries are expected to be 1-2 per day and all carried out during normal working hours. Overall, operational noise levels are considered likely to be barely perceptible and within acceptable limits. In respect of patron noise this has been assessed for the ‘worse-case scenario’ and mitigation is required. In order to meet acceptable levels, terraced seating on the northeast side of the development has been removed from the plans. It will also be necessary to limit the number of patrons in the outdoor area to 36. The skylights must also be altered from polycarbonate sheeting to perspex of at least 6mm thickness and the sliding doors leading to the outdoor area should generally remain closed. By putting in these measures, predicted levels are reduced below the background level. The NIA reports it is not likely that adverse impacts will be experienced at any receptor due to the development. 76 Environmental Health have reviewed the NIA and recommend a number of conditions to ensure surrounding amenity is protected (Conditions 8, 9, 10, 11, 15, 16, 17 and 18). 77 Air Quality and Odour – The plans include the provision of a wood burning stove and the installation of associated flue. The technical specifications supplied with the application relates to a domestic sized stove and therefore EH have no adverse comments to make with regards to air quality in relation to the stove. Given the height of the flue and distance to residential properties EH do not foresee smoke and/or odour affecting residential amenity of neighbouring properties. 78 The applicant has submitted an odour assessment with the application (Document 33). The assessment states that the potential odour sources will be the release of vapours through the ventilation duct above the brewing hall; and when the effluent tanks are filled and emptied. As no effluent treatment is proposed on site and all spent grains and other industrial effluent will be held in sealed containers fitted with carbon filters, odour from effluent storage has not been considered further. It is therefore stated that odour has been predicted for a single scenario: emissions from the brewing hall vent. 79 EH note in their consultation response that when assessing the impact of odour, consideration has been taken from The Institute of Air Quality Management (IAQM) Guidance on the assessment of odour for planning; and SEPA issued guidance on odour assessment for processes that are subject to the Pollution Page 87 of 126
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Prevention and Control regulations (PPC). Whilst this does not apply to this development, the Guidance provides a useful framework for assessing the potential adverse impacts on amenity. SEPA’s guidance notes odour from brewing falls into the category of ‘less offensive’. The assessment reports odour from the proposed development is predicted to be of negligible significance subject to the satisfactory implementation of mitigation measures. 80 EH recommend a number of conditions to ensure odour from the proposed development does not impact surrounding amenity (Conditions 13, 14 and 19). 81 Lighting – EH recommend a condition to ensure external lighting does not adversely affect neighbouring land (Condition 12). 82 The supporting documents have assessed the potential issues of noise and odour and these matters have been satisfactorily addressed in line with national and local planning policy. Planning conditions are recommended to safeguard the amenity of the surrounding area. The proposal satisfies NPF4 Policy 14 Design, Quality and Place and NPF4 Policy 23 Health and Safety and LDP2 Policy 1: Placemaking, LDP2 Policy 55: Nuisance from Artificial Light and Light Pollution, LDP2 Policy 56: Noise Pollution and LDP2 Policy 57: Air Quality. Roads and Access 83 Transportation and Development (T&D) note in their consultation response that the site will have three regular parking bays, with one additional accessible parking bay. One of the bays will be provided with an electric charge point and cycle parking is also proposed. 84 The applicant has provided a Transport Statement and a subsequent update that now includes industry standard and verifiable trip rate and mode share data from TRICS. This provides information on the level of person trips associated with the type of development proposed. Subsequent analysis of this data by T&D has indicated that the proposed development will attract a total of approximately 39 vehicles per day, which can be accommodated in nearby offsite public parking. 85 In response to matters raised in the representation from Atholl Medical Centre, T&D requested that a loading facility for vehicles up to 12 metres is provided, to accommodate normal operations. Amended drawings have been submitted to include such a service bay – proposed elevations (Drawing 52), proposed site plan (Drawing 71) and swept path analysis (Drawings 67-69). T&D note this service bay occupies the full width of the service strip of the public road network, which as part of the development will be constructed as a footway. This is not ideal, however, the scaled swept path analysis shows a 12-metre vehicle can suitably enter the service bay proposed and not obstruct the public road. 86 Further, in respect of the matters raised in the representation, T&D recommend that a Construction Traffic Management Plan should be submitted for approval prior to the commencement of works. This should have a specific focus on how Page 88 of 126
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the applicant proposes to construct the building without any impediment on the public road (Condition 22). Also, a Service Management Plan is recommended detailing the plans for servicing and delivery operations, and timing, including arrangements for the management of vehicular and pedestrian traffic during servicing and delivery, paying particular attention to the need for all deliveries to be undertaken off the public road, and a condition is proposed (Condition 23). 87 The constructing of a new vehicle access across the frontage of the site, with a footway being provided. The finalised design and location of the dropped kerbs on the north and south of Ferry Road is to be provided through condition (Condition 24). The provision of these works would not result in any physical restriction to the retained access to the Bobbin Mill site to the east, which while in close proximity to the application site boundary, would not be altered as part of the proposals. 88 A secure covered cycle parking area is proposed to the east of the building, to encourage active and sustainable travel. A condition is recommended to ensure that a detailed design for a minimum of 10 bicycles is submitted for approval prior to the commencement of development and thereafter implemented prior to first use (Condition 25). 89 The application site is located close to the town centre and is easily accessible by all modes of transport including walking, cycling and public transport. Thus, reducing the need to travel unsustainably. Accessible parking, an electric vehicle charging bay and cycle parking is proposed. Although onsite parking provision is limited, the site is well served by sustainable transport modes and there are public car parks a short distance from the application site. Conditions are recommended to mitigate any impact on the public road and to provide a safe crossing for pedestrians. The proposal satisfies NPF4 Policy 13 Sustainable Transport and LDP2 Policy 60B subject to conditions. Drainage and Flooding 90 A Drainage & Flood Statement reports no risk from fluvial flooding and only a small area of the site is shown to have a medium-low likelihood of surface water flooding. It reports this isolated patch appears to be the result of run-off from a steep slope to the east. A perimeter drain is proposed during the construction phase and the drainage design incorporates measures to ensure surface water run-off will be controlled. 91 The drainage layout plan (Document 70) and Drainage & Flood Statement (Document 66) were revised during the application process, in consultation with the Council’s Flooding Team. Given site constraints and space restrictions, two sets of cellular storage crates are proposed as the main form of attenuation for all surface water run-off. Filter trenches are proposed to capture run-off from the adjacent slopes. The attenuation tank at the east of the site has been relocated due to concerns raised by Transportation and Development, having been initially proposed within the embankment supporting the road to residential properties. Page 89 of 126
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That seeing a risk of causing damage to the embankment. The surface water will be treated within the site before discharging to the existing surface water sewer in Ferry Road. A maintenance schedule is included. In respect of foul water this will drain to the existing public combined sewer located in Ferry Road. 92 SEPA were consulted and have no objection to the proposal. Following review of the further information submitted, the Council’s Flooding Team are satisfied with the drainage design and that there is no risk of flooding. 93 The proposal satisfies NPF4 Policy 22 Flood Risk and Water Management and LDP2 Policy 52: New Development and Flooding, LDP2 Policy 53B: Foul Drainage and LDP2 Policy 53C: Surface Water Drainage. 94 In respect of NPF4 Policy 22 d) and LDP2 Policy 53E: Water Supply, as noted in the external consultation responses, the site is in a Drinking Water Protected Area and Scottish Water requested further information during the application process on the abstraction volume. The impact on Water Resources of the operation of the brewery and accompanying amenities has been reviewed against the confirmed abstraction volume of 200,000 litres per annum (0.2Ml/annum). Assuming this water usage remains consistent with these values, this proposal can be considered as low-medium risk regarding Water Resources. Scottish Water would have no objections with the proposed volume of water and request that they should be notified if these volumes change. Scottish Water also request they are notified prior to work commencing on site as they may wish to take water samples as a precaution to protect water quality. It is recommended that an informative be attached to any planning permission granted (informative 5). Waste Collection 95 The refuse storage and its location are acceptable as confirmed by the Council’s Waste Service. Natural Heritage and Biodiversity Open Space 96 The application site is designated as Open Space in LDP2. Historical mapping shows evidence of industrial uses within and surrounding the site boundaries as far back as 200 years ago. Most recently, the majority of the site was used as a compound during construction of the neighbouring hospital/care home. The applicant’s supporting statement (Document 40) has extracts of historical maps which show these former industrial uses. The area of the site designated as open space in LDP2 comprises only a minor part of a much larger designation and the proposed development will not create a significant deficit in available outdoor recreational space, whether in scale or quality. As has been indicated above much of the site has previously been cleared of trees at various points in time. Most recently the surface was also prepared as a compound area, through the Page 90 of 126
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laying of hardcore. It is also evident that the site has been formed as a more level clearing, through the likely removal of surface material to create a flatter area. This sees slopes at the periphery, where this material has been excavated. In respect of NPF4 Policy 20 Blue and Green Infrastructure and LDP2 Policy 42: Green Infrastructure, the development of this area of land will not pose any significant detrimental impact to the surrounding green infrastructure provision and the overall integrity of the network will be maintained. The proposed development will have no impact on the existing footpath network including the adjacent core path (PLRY/109) and a condition is recommended to ensure continued public access to public paths during building works and on completion of the development (Condition 20). 97 While the development of a near 1800 square metre area is notable it is considered minor in relation to the requirements of LDP2 Policy 14A: Open Space Retention and Provision – Existing Areas criteria (b). It only involves a minor part of the overall designation and would not significantly affect its continued use as a wider recreational or amenity resource. In this instance the area to be developed has effectively been out of any formal recreational use for a long time. Most recently having been used as a yard in the construction of Pitlochry Community Hospital and has not fully regenerated. The vast majority of the wider wooded resource would be retained. More generally, Pitlochry does benefit from generous open space provision. On balance therefore, the loss of this area of largely previously developed land within the open space designation, can be accepted in light of the wider benefits associated with this proposal, and the opportunity to compensate for tree loss and biodiversity enhancement as shall be discussed below. The proposal is therefore considered to comply with NPF4 Policy 20 a) and LDP2 Policy 14: Open Space Retention and Provision. Biodiversity 98 A Preliminary Ecological Appraisal and Ecological Impact Assessment by Tay Ecology (Document 28) was reviewed by the Biodiversity Officer and confirmed as being in line with best practice. The report identified that no protected species were present during the survey and no further surveys were therefore required. The report recommends biodiversity enhancement measures and in line with this bird and bat boxes are proposed on the west elevation of the brewery building (Drawing 52). 99 A condition is recommended to ensure the recommendations set out in the Tay Ecology Report are carried out to protect environmental quality and biodiversity (Condition 3). 100 The proposal satisfies NPF4 Policy 3 Biodiversity paragraphs a), c) and d) and LDP2 Policy 41: Biodiversity. Page 91 of 126
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Trees / Ancient Woodland 101 Some representations highlight the loss of ancient woodland, as a result of the proposed development and the ‘Catastrophic negative impact on the ancient woodland’. Reference is made in the representations to a woodland management plan coproduced in 2009 by Dr Rick Worrell, Forestry Consultant, which concluded that Bobbin Mill constituted Ancient Woodland. The representation states such Ancient Woodland is protected by the National Planning Framework. 102 In exploring this, the woodland area at Bobbin Mill is not identified as ancient woodland on maps published by NatureScot (Ancient Woodland Inventory) or on Perth and Kinross Council’s GIS layering system. Further, the site is not identified as ancient woodland within the applicant’s Ecology Report. 103 The Council does not hold a copy of the referenced woodland management plan and only received a copy of a ‘draft’ document from an objector. Scottish Forestry have since confirmed that the draft Bobbin Mill Management Plan is an appendix to the ‘Pitlochry Estate Long Term Forest Plan (2012)’ which was approved by Scottish Forestry. This shows the Bobbin Mill woodland marked as a Natural Woodland Management Grant Area. 104 This draft Woodland Management Plan covers a wide area referred to as the ‘Bobbin Mill woodland area’ and concludes that this general woodland area identifies as ‘semi-ancient’ woodland. Within Para 3.6 of the report Dr Rick Worrell states – “The flora clearly suggests that most of the site is ancient semi natural woodland”. This statement is based on identifying certain areas of ground flora as being characteristic of oak – birch (National Vegetation Class W11), and ash woodland (NVC W9). It is then stated “that it is clearly ancient woodland, but does not appear in the Ancient Semi Natural Woodland Inventory due to an oversight”. 105 The available evidence indicates that the cleared area within the application site has either not been wooded for a considerable time or is shown as open space in the woodland management plan. Whilst it is difficult to accurately compare the planning application boundary with the outline of the Bobbin Mill wooded area as set out in the Woodland Management Plan, it appears that at least some of the periphery, the sloped areas, are identified as ancient woodland (primarily that area immediately adjacent to the access to Bobbin Mill). Although there is this comparison issue, it is accepted for the purposes of assessing this planning application that all of the trees on site are covered within the ancient woodland designation. Thus NPF4 Policy 6 Forestry, Woodland and Trees applies, together with LDP2 Policy 40 which broadly aligns with that national policy. 106 NPF4 Policy 6 states – a) Development proposals that enhance, expand and improve woodland and tree cover will be supported. Page 92 of 126
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b) Development proposals will not be supported where they will result in: i. Any loss of ancient woodlands, ancient and veteran trees, or adverse impact on their ecological condition; ii. Adverse impacts on native woodlands, hedgerows and individual trees of high biodiversity value, or identified for protection in the Forestry and Woodland Strategy; iii. Fragmenting or severing woodland habitats, unless appropriate mitigation measures are identified and implemented in line with the mitigation hierarchy; iv. Conflict with Restocking Direction, Remedial Notice or Registered Notice to Comply issued by Scottish Forestry. c) Development proposals involving woodland removal will only be supported where they will achieve significant and clearly defined additional public benefits in accordance with relevant Scottish Government policy on woodland removal. Where woodland is to be removed, compensatory planting will most likely be expected to be delivered. d) Development proposals on sites which include an area of existing woodland or land identified in the Forestry and Woodland Strategy as being suitable for woodland creation will only be supported where the enhancement and improvement of woodlands and the planting of new trees on the site (in accordance with the Forestry and Woodland Strategy) are integrated into the design. 107 In line with LDP2 Policy 40B, a Tree Survey Report (TSR) (Document 58) was submitted together with a Tree Constraints Plan, Tree Protection Plan and details of compensatory planting (Documents 59-64). The TSR assessed 31 trees and 1 tree group and identified that the site contains sycamore and oak, with 45.5% of trees being Category C. 108 Honey fungus, Armillaria mellea, a root/soil borne fungal disease is also identified to have colonised some of the oak. This causes tree demise and failure. Indeed, there are six Category U oak trees, T173, 174, 175, 183, 187 and 196, which have died as a result of honey fungus and are to be removed. 109 It is proposed to fell three trees comprising of two Category B (T177 Sycamore, and T184 Oak) and one Category C (T181 sycamore) and one group of nine self- seeded wild cherry trees. 110 2 Category A, 7 Category B and 13 Category C trees are proposed for retention. So this would see 12 trees to be removed, many due to honey fungus, and 19 retained from a total of 31 surveyed. Page 93 of 126
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111 Compensatory planting of 36 trees is proposed using both native species and fruit trees recognised as resistant/tolerant of honey fungus (Drawing 62). The supporting information states that 12 trees are proposed to be planted at Pitlochry High School Nursery (Document 64), which is understood to have already taken place. Should an additional 4 trees be impacted upon by drainage measures then additional compensatory planting (at a rate of 3 to 1) would be required, thereby increasing the overall number of trees (by a further 12) to 48. The compensatory planting is in line with planning guidance. 112 In consideration of the criteria listed in NPF4 Policy 6 b) – i. the central core of the development site does not contain trees and is not considered as ancient woodland. It consists mostly of aggregate type material and little soil, so has clearly been significantly disturbed. It is unlikely to re-seed with trees synonymous with the surrounding woodland. The periphery slopes to the east of the application site are however accepted for the purposes of the consideration to contain ancient woodland and are in the red line boundary of the site. The proposal would therefore result in the loss of ancient woodland and as such is contrary to criterion i) of NPF4 Policy 6 b). ii. the woodland is within the Forest Woodland Strategy as existing woodland but is not specifically identified as being suitable for woodland creation. iii. as outlined previously in the report, compensatory planting is proposed using both native species and fruit trees recognised as resistant/tolerant of honey fungus. The removal of invasive species and planting of new trees would enhance and improve the woodland generally. iv. Scottish Forestry have not issued a direction or notice on the site. 113 In respect of Policy 6 c), the area of trees being removed to facilitate the development does not constitute ‘woodland’ removal, as it is less than 0.1ha. The applicant is also committed to offset tree loss through on and off-site tree planting. 114 In respect of Policy 6 d), the removal of the honey fungus and the removal of the invasive species would enhance and improve the woodland quality generally. The proposed planting of new trees is also in accordance with the Forestry and Woodland Strategy. The 2009 Woodland Management Plan proposes the controlled removal of the non-native invasive sycamore and Norway maple and stipulated a time frame for these works. The Tree Officer’s consultation response highlights that from assessing the development site and noting the number of sycamores present, it is clear that the woodland management proposals have not been carried out within the vicinity of the application site, and the advent of development would secure the removal of certain sycamores (T177 & T181) at the site boundaries and achieve some of the woodland management plan outcomes and objectives. Page 94 of 126
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115 The proposed development will nevertheless result in the loss of ancient woodland. However, as highlighted in the Tree Officer’s consultation response, the vegetation on the edges of the planning application site and on the periphery of the general woodland at Bobbin Mill hosts non-native invasive species and six dead oak trees with honey fungus. Their removal would not result in an adverse impact on the ancient woodland or their ecological condition. Two category A trees are proposed for retention as are the majority of category B trees. Within the context of the overall Bobbin Mill woodland, the loss of trees would be minimal, and the removal of dead and invasive species will enhance and improve the woodland and woodland habitat. 116 The proposed development will enhance and improve woodland and tree cover in line with NPF4 Policy 6 a) and it is considered that the proposal would not constitute a significant departure from the development plan due to the loss of ancient woodland. Overall, the proposal aligns with the policy intent and policy outcomes of NPF4 Policy 6 Forestry, Woodland and Trees and LDP2 Policy 40: Forestry, Woodland and Trees. 117 Conditions are recommended by the Tree Officer to ensure a pre-site meeting takes place to examine tree works and protection measures; a method statement is submitted for written approval of the Council and to include details of how the removal of diseased trees and soil will be handled; and for a post-development tree report to be submitted (Conditions 5, 6 and 7). 118 The proposal incorporates new landscape and tree planting appropriate to the local context and the scale and nature of the development. It will not lead to the fragmentation of existing blue and green infrastructure and will enhance and create new woodland habitats. The proposal satisfies NPF4 Policy 14 Design, Quality and Place, NPF4 Policy 20 Blue and Green Infrastructure, LDP2 Policy 1: Placemaking and LDP2 Policy 42: Green Infrastructure. Core Path 118 An adopted core path is located immediately to the east of the application site (PLRY/109) and a condition is recommended to ensure this remains accessible to the public during the construction and operational phases of the development (Condition 20). 119 This is in line with NPF4 Policy 20 Blue and Green Infrastructure and LDP2 Policy 15: Public Access. Contamination 120 An inspection of the proposed development site by the Council’s Contaminated Land Officer did not raise any real concerns, although mapping does indicate that there is land formerly occupied by various potentially contaminative sources nearby. The applicant is advised that there may therefore be potential for Page 95 of 126
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contamination within the site. Should any contamination be found during the approved works, works should cease and the Land Quality team contacted. It is recommended that an informative to this effect is attached to any consent (Informative 7). 121 The proposal satisfies NPF4 Policy 9 c) Brownfield, Vacant and Derelict Land and Empty Buildings and LDP2 Policy 58A: Contaminated Land. Material Considerations 122 The representations received are a material consideration. Thirty (30) representations were received including 6 objections, 2 neutral representations and 22 letters of support. Representations - objections 123 The main issues raised within the objections have been addressed in the report. 124 The objections also raised the potential for anti-social behaviour from the consumption of alcohol at the brewery and the perceived impact of this on the well-being of nearby residents. The objections referred to the public sector equality duty under Section 149(1) of the Equality Act (2010) and relevant human rights legislation to have due regard to the need to eliminate harassment. The objections state that granting permission for the development will increase the risk of the Gypsy Travellers who live near to the site suffering harassment on account of their race. 125 The applicant’s supporting statement (Document 40) responds to the issues raised in the representations. The applicant highlights the supporting documents submitted with the application including Noise and Odour Impact Assessments to demonstrate the proposal would not have a significant detrimental impact on residential amenity and the proposal is designed to be compatible with the surrounding uses and a good neighbour. The supporting documents have been reviewed by Environmental Health and Planning and the potential issues of noise and odour have been satisfactorily addressed in line with national and local planning policy. Planning conditions are recommended to safeguard the amenity of the surrounding area (Conditions 8 – 19). 126 There is a multi-agency partnership approach in place to tackle anti-social behaviour in the community. As the proposal would be a licensed business there is a duty under the Licensing (Scotland) Act 2005 to prevent crime and disorder, prevent public nuisance and secure public safety which is governed by Perth & Kinross Licensing Board. This duty is highlighted in the applicant’s supporting statement. 127 Through the planning application process the material planning issues raised in the objections have been considered and have been satisfactorily addressed in Page 96 of 126
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line with national and local planning policy. The issues raised are not of sufficient weight to justify the refusal of the planning application. Representations – support 128 The 22 letters of support highlighted the development would bring wide ranging economic benefits to the town and enhance the local area. 129 As noted in the supporting documents this is a successful local business seeking to grow and invest in Pitlochry with multi-faceted economic and social benefits for the town. 130 NPF4 recognises the challenges faces by the hospitality and tourism sectors and aims to improve business development and entrepreneurship. Developer Contributions 131 None required by the Council’s supplementary guidance. Economic Impact 132 The proposed development will bring a range of economic benefits to the town, including an enhanced visitor attraction and footfall, together with jobs during construction and afterwards. Variation of Application Under Section 32A 133 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 the north elevation of the building and the vehicular access. Planning Obligations and Legal Agreements 134 None required. Direction by Scottish Ministers 135 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 136 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, although the proposal does not comply with criterion i) of NPF4 Policy 6 Page 97 of 126
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b) there are material considerations to justify a departure. The proposal is considered to otherwise comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken of the relevant material considerations and none have been found that would justify refusal. Accordingly, the proposal is recommended for approval subject to the following conditions. Recommendation Approve the application subject to 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. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document(s) Ecological Appraisal by Tay Ecology 3 October 2023 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. 4. Prior to the occupation of the building hereby approved, evidence that the bird and bat boxes have been installed shall be submitted for the written approval of the Council as Planning Authority, reference drawing 52. Thereafter, the bird and bat boxes 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. 5. A site meeting will be held with the Enforcement Officer (Trees) of the Council to examine completed tree works, honey fungus mitigation, and to inspect tree protection measures in place that accord with standard (fencing/non dig construction, etc), drainage, and site storage facilities. This meeting shall be with the project manager, arboriculturist, and ground works contractor. Contact Page 98 of 126
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should be made with the Planning Authority to arrange this meeting prior to the commencement of the development. Reason - In the interests of protecting environmental quality and of biodiversity. 6. Prior to the commencement of development, a site-specific method statement outlining measures to mitigate against the spread of honey fungus shall be submitted to the Council as Planning Authority for review and written approval. The statement shall include details on the removal of affected trees (6 x dead oak), disposal of soil areas contaminated with honey fungus and provide full details of disposal of all excess materials. Clarity shall be provided on where the soil materials excavated will be deposited when levelling site, formation of building footprint, filtration trenches/drainage, and access/parking. Clarity shall be provided on how the drainage works will be undertaken, and whether larger encroaching roots would be permitted within the drainage material, and how the cutting into the banking will be undertaken, the foundation type for structures, and subbase for paths/surfacing, where they impact and encroach the RPA of adjacent trees. Thereafter the measures shall be carried out in complete accordance with the details as so agreed. Reason - In the interests of protecting environmental quality and of biodiversity. 7. Prior to the building being brought into use a post development tree report/audit confirming details of the trees retained on site, their condition, and a statement as to the effectiveness of protection measures followed shall be submitted for review and written approval of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 8. Servicing of and deliveries to the premises shall be carried out between 0700 and 1900 Monday to Saturday only, with no servicing or deliveries permitted on Sundays. Reason - In order to safeguard the residential amenity of the area. 9. The hours of operation of the outdoor seating area shall be restricted to between 1100 to 2200 hours Monday to Sunday. Reason - In order to safeguard the residential amenity of the area. 10. 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. Page 99 of 126
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11. No music, amplified or otherwise, shall be permitted in the outdoor seating area at any time. Reason - In order to safeguard the neighbouring residential amenity in the area. 12. 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. Reason - In order to safeguard the residential amenity of the area. 13. No odours from the distillery shall be discernible on the boundary with the nearest residential property. Reason - In order to safeguard the residential amenity of the area. 14. All mitigation measures as detailed within Section 6 of the Odour Assessment undertaken by The Airshed, reference AS 1020 Pitlochry Brewery Airshed, dated 18 October 2023 shall be fully implemented. Reason - In order to safeguard the residential amenity of the area. 15. All mitigation measures as detailed within Section 7 of the Noise Impact Assessment undertaken by CSP Acoustics, reference 1866 R001 V3 AH, dated 12 December 2023 shall be fully implemented. Reason - In order to safeguard the residential amenity of the area. 16. Noise from operations on site shall not exceed L A90,1 hour background noise level plus 5dB (A), including any relevant penalties for tonality, impulsivity, intermittency, or other sound characteristics when measured at any residential property in accordance with BS4142:2014+A1:2019. Reason - In order to safeguard the residential amenity of the area. 17. A Noise Management Plan shall be submitted for the written approval of the Planning Authority. The plan shall include all sources of noise associated with the premise, including patron noise, deliveries, compressor etc and the measures that will be put in place to minimise and/or control noise. The plan shall be reviewed on a regular basis or, following receipt of a justified complaint or at the request of the Planning Authority. Once the Noise Management Plan has been approved, it shall be fully implemented for the lifetime of the development. Reason - In order to safeguard the residential amenity of the area. 18. In the event of a justified noise complaint being received by the Council the operator shall, at its own expense, employ a consultant approved by the Planning Page 100 of 126
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Authority to carry out a noise assessment to verify compliance with conditions 10, 15, 16 and 17 above. The assessment will be carried out to an appropriate methodology agreed in writing with the Planning Authority. If the noise assessment shows that the noise levels do not comply with conditions 10, 15, 16 and 17 a scheme of noise mitigation shall be included with the noise assessment, specifying timescales for the implementation of the scheme and shall be submitted to the Planning Authority for written approval within 28 days of the assessment. The mitigation scheme shall thereafter be implemented in accordance with the approved scheme and timescales. Reason - In order to safeguard the residential amenity of the area. 19. In the event of a justified odour complaint being received by the Council the operator shall, at its own expense, employ a consultant approved by the Planning Authority to carry out an odour assessment to verify compliance with conditions 13 and 14 above. The assessment will be carried out to an appropriate methodology agreed in writing with the Planning Authority. If the odour assessment shows that the odour levels do not comply with conditions 13 and 14 a scheme of odour mitigation shall be included with the odour assessment, specifying timescales for the implementation of the scheme and shall be submitted to the Planning Authority for written approval within 28 days of the assessment. The mitigation scheme shall thereafter be implemented in accordance with the approved scheme and timescales. Reason - In order to safeguard the residential amenity of the area. 20. The core path (PLRY/109) must not be obstructed during building works or on completion of the development. Any damage done to the route and/or the associated signage during building works must be made good before the development is completed or brought into use, whichever is the earlier. Reason - To ensure continued public access to the public paths and in the interests of public safety within the site. 21. 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 - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 22. Prior to the commencement of the development hereby approved, the applicant shall submit for the written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Page 101 of 126
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Management Scheme (TMS). The TMS shall take cognisance of the fact that no loading and unloading of vehicles shall be undertaken on the public road and 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 for loading and unloading materials at the site; 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 all users including 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) traffic arrangements in the immediate vicinity of temporary construction compounds; l) monitoring, reporting and implementation arrangements; m) arrangements for dealing with non-compliance; and n) details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Page 102 of 126
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Reason - In the interest of proper site management. 23. Prior to the commencement of the development hereby approved, the developer shall provide, for approval by the Council as Roads Authority, a Service Management Plan detailing the plans for servicing and delivery operations, and timing, including arrangements for the management of vehicular and pedestrian traffic during servicing and delivery, paying particular attention to the need for all deliveries to be undertaken off the public road. Thereafter, the approved plan shall be adhered to for the life of the development. Reason - In the interests of road safety. 24. Prior to commencement of any development on site, a detailed design showing the frontage of the development site onto Ferry Road shall be provided with the following schemes being provided: a) position of uncontrolled crossing location(s) along the frontage of the site to link the development site to the northern side of Ferry Road with dropped kerbs linking both sides; b) the footway on the southern side of Ferry Road, of a minimum width of 2 metres along the full frontage of the site; c) the location of road drainage on Ferry Road along the frontage of the site; d) the finalised location of the streetlighting cable; e) the construction details of the parking bays and the service area; and f) full details of the vehicle access, to be constructed in the following materials: 40mm Wearing Course - Hot Rolled Asphalt 50mm Base Couse - Dense Bitumen Macadam 130mm Roadbase - Dense Bitumen Macadam 230mm Subbase - Type 1 The submission will confirm the location, specification and detailed design for the pedestrian crossing, location of the streetlighting infrastructure, footway on southern side of Ferry Road, road drainage and vehicle access along the frontage of the development site. This shall be submitted for the written approval of the Council as Planning Authority. Thereafter the approved scheme shall be implemented in full, prior to occupation of the brewery. Reason - In the interests of road and pedestrian safety and connectivity to the northern side of Ferry Road. Page 103 of 126
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25. Prior to commencement of any development on site, a detailed design for the proposed cycle parking facility for a minimum of 10 cycles shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The cycle parking, as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority prior to the development being brought into use. Reason - To encourage active and sustainable modes of transport in line with national and local planning policy. 26. Prior to the commencement of development hereby approved, a statement shall be submitted for approval in writing by the Council as Planning Authority 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. The statement as agreed shall be fully implemented 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. Justification There are material considerations to justify a departure from the Development Plan otherwise, the proposal is generally in accordance with the Development Plan. There are no material reasons which justify refusal. Informatives 1. Records indicate that at least part of the proposed development site lies within a radon affected area where the measurement/monitoring of radon gas and the installation of mitigation measures may be required. Further information on radon gas and the associated reports that can be obtained is available at www.ukradon.org and at http://shop.bgs.ac.uk/georeports/. 2. 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. 3. 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. Page 104 of 126
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4. Please note the consultation response on file from Network Rail - A railway underbridge located in close proximity to the site (UB 290/063 crossing Ferry Road) has a headroom of 4.2m. The applicant should ensure that all vehicles required for construction and operation are able to clear this height. 5. Please note the consultation response from Scottish Water on file - this includes a request that prior to work commencing on site they are notified at protectdwsources@scottishwater.co.uk as they may wish to take water samples as a precaution to protect water quality. In addition, increases in water usage should also be relayed to Scottish Water. 6. 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 the front elevation and vehicular access. 7. An inspection of the proposed development site did not raise any real concerns, although historical mapping indicates there was previously a nearby use which may have resulted in contamination in the vicinity of the site. The applicant is advised that, given historical uses of the wider area, there may be potential for contamination within the site. Should any contamination be found during the approved works, works should cease and the Land Quality team should be contacted on 01738 475000 or es@pkc.gov.uk for further advice. 8. 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. 9. 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. 10. 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. 11. 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, Page 105 of 126
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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 12. Road drainage may be in the vicinity of the new access and require remedial works at the applicant’s expense. Contact Perth & Kinross Council Road Maintenance Department for further details. 13. Street lighting infrastructure present at the site, discussions must be had with the Street Lighting Partnership to obtain the locations of infrastructure and its relocation to facilitate the vehicle access. Relocation to be undertaken at applicant's expense. Contact Mark Gorrie at Perth & Kinross Council Street Lighting Department for further details. 14. The applicant can seek guidance on the detailed design and positioning of the cycle storage from Transport Scotland's Cycling by Design 2021 or similar design guide. Background Papers Letters of representation 30 Authors Name Designation Contact Details Claire Myles Planning Officer 01738 475300 Approved Name Designation Date Paul Williamson Team Leader 17 January 2025 Kristian Smith Service Manager 23 January 2025 Page 106 of 126
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Ü Proposed brewery, tap room, storage and associated works on land 50 metres south of Council Cottages, Ferry Road, Pitlochry 23/01742/FLL Scale 1:10,000 Planning and Placemaking Committee - 12 February 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(2)(i) Page 107 of 126
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Ü Proposed brewery, tap room, storage and associated works on land 50 metres south of Council Cottages, Ferry Road, Pitlochry 23/01742/FLL Scale 1:2,500 Planning and Placemaking Committee - 12 February 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(2)(i) Page 109 of 126
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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. 25/32) PROPOSAL: Change of use of flat to short-term let accommodation unit in retrospect LOCATION: Flat 3, 7 Brae Street, Dunkeld, PH8 0BA Ref. No: 24/01440/FLL 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 Planning application is retrospective in nature and relates to the change of use of a 2-bedroomed flat into a short-term letting facility. 2 The flat is located within the upper floor of a two storey high (plus basement to rear), stone-built end-terrace block, situated on the southern side of Brae Street, within the designated Dunkeld Town and Neighbourhood Centre. As the street name suggests, the property is set on a steep incline on a hill heading eastwards out of the town; the ground to the rear slopes downwards and has views to the south towards the River Tay. 3 The building is Category C Listed and within the Dunkeld Conservation Area. 4 Access to the ground and upper floors is via a communal stairwell and steps from Brae Street. The one bedroomed garden basement (flat 1), also within the applicant’s ownership, has a separate direct means of access from the rear of the property. It has recently obtained a Certificate of Lawfulness to formalise its use as a short-term let - 24/00541/LAW refers. 5 It is understood that Flat 3 has operated as a short time let previously, then reverted to mainstream residential use until the ownership changed in 2021. 5(2)(ii) Page 111 of 126
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Since then, both of the short-term lets have been associated with and managed by the Taybank Hotel, the grounds of which border immediately to the south. 6 A separate Licence has been granted under the Civic Government (Scotland) Act 1982 for the short-term let – 24/01549/LIC refers. Site History 7 24/00541/LAW was approved on 7 June 2024. This relates to the basement (Flat 1) property within the building and to regularise its continued use for short-term letting purposes. Sufficient evidence was provided with the Certificate of Lawfulness to indicate that the unit had been operating as a short term let for a period of 10 years or more. Environmental Impact Assessment 8 The proposal is not EIA development. Pre-Application Consultation 9 No pre application advice was sought. 10 The proposed development is not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was not required to undertake not any formal pre-application consultation with the local community. Development Plan 11 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 12 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 peoples lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 13 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 7: Historic Assets and Places • Policy 14: Design, Quality and Place • Policy 27: City, Town, Local and Commercial Centres • Policy 30: Tourism Page 112 of 126
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Perth and Kinross Local Development Plan 2019 14 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. 15 The principal relevant policies are, in summary; 16 Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 10: Town and Neighbourhood Centres • Policy 27A: Listed Buildings • Policy 28A: Conservation Areas: New Development • Policy 56: Noise Pollution • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 17 • Supplementary Guidance - Placemaking (adopted in 2020) PKC Non Statutory Guidance 18 • Conservation areas • Planning Guidance - Change of Use of Residential Property to Short- term Let 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 68 Design Statements • PAN 71 Conservation Area Management • PAN 75 Planning for Transport • PAN 77 Designing Safer Places Page 113 of 126
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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 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 Dunkeld and Birnam Community Council - Have made reference to the issues identified within Dunkeld, Birnam & District’s, Community Action Plan (CAP). This Community Action Plan was a result of the multi-agency supported Community Development Trust’s efforts in engaging and harnessing the views of the local community into what issues matter in their (PH8 sector) area. It also considers associated priorities, projects and actions over a 5 year period. Second in the list of six strategic themes is ‘Housing for All’, which raises concerns about the lack of affordable housing in the area. Top of the list of priorities for action is to have fewer short term lets and second homes. The Community Council have also noted the over provision of second or holiday accommodation and need to implement a short-term let control area. The CAP is a material consideration, but does not carry the same weight as Development Plan policy. 26 Other matters such as the number and likely use of other residential properties within the ownership of the applicant locally, have no bearing on the determination of this submission. If other properties are being used for short-term lets, then they will require a Licence and would be subject of the usual assessment as to whether any other formal permission is required. If any properties may be operating without the relevant permissions, then potential breaches can be pursed separately; the disclosure of which would help assist Page 114 of 126
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with updating records of STL’s and help guide future policy making. In respect of other procedural matters, the agent has forwarded fresh application forms to reflect the recent business name change of ‘Lovesushi Ltd’ to ‘Arach Ltd’. Internal 27 Environmental Health (Noise Odour) - As the development is for a holiday accommodation unit, there is the potential for noise from the users of the property to affect neighbouring residential properties, however due to the introduction of Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022, these will be required to be licensed, and noise conditions will form part of the licence. 28 Communities Housing Strategy - NPF4 Policy 30: states that Development proposals for the reuse of existing buildings for short term holiday letting will not be supported where the proposal will result in: i. An unacceptable impact on local amenity or the character of a neighbourhood or area; or ii. The loss of residential accommodation where such loss is not outweighed by demonstrable local economic benefits 29 The council adopted non-statutory planning guidance for the Change of Use of Residential Property to Short-Term Let on 1st November 2023 to aid implementation of the above policy in Perth and Kinross. Consideration 6 pertains to the potential loss of residential accommodation and whether the change of use will be outweighed by the benefit to the local economy. 30 The Local Housing Strategy 2022-27 includes an action to develop planning policy through Local Development Plan 3, where appropriate, for STL Control Areas. 31 The property to which this application refers, is in an area of housing pressure. Short-term letting is one of several contributors to housing pressure in this area and as such, the economic benefits should be considered as to whether these outweigh the loss of residential accommodation in the area. Representations 32 7 representations were received, with 6 objections. The main issues raised within the representations are: • Inappropriate use • Retrospective nature • Noise • Already a high overprovision of short-term lets and second homes • Lack of affordable housing Page 115 of 126
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• Out of character with the area • Contrary to policy • Limited economic gain to justify use • Will result in other flats being bought and used as short-term lets • Lack of any designated parking provision • Difficulties with access on steep brae • Applicant has multiple properties/business interests 33 The last point is not considered a valid planning objection to the application being considered. 34 The other issues are addressed in the Appraisal section of the report. 35 Three letters in support of the proposals were received, as part of the application submission and not independently submitted following the applications advertisement/notification process. As such they are not included as responses received. Additional Statements 36 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed – AA not required Design Statement or Design and Access Statement submitted Report on Impact or Potential Impact e.g. Flood Risk Assessment not required 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, as identified elsewhere within the report. 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. Section 64(1) of the Planning (Listed Buildings and Page 116 of 126
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Conservation Areas) (Scotland) Act 1997 is relevant and requires planning authorities to pay special attention to the desirability of preserving or enhancing the character or appearance of the designated conservation area. Change of Use and Residential Amenity 39 Placemaking policies 1A and 1B are applicable as is policy 10, City, Town and Neighbourhood Centres of LDP2, together with 14, Design, Quality and Place and 27 City, Town, Local and Commercial Centres of NPF4. 40 These policies essentially seek to maintain and enhance residential amenity levels and to support proposals which contribute to the mix, character, vitality and viability of town and neighbourhood centres. 41 Policy 30, part (e) Tourism within NPF4 echoes the need for development to be compatible with its surroundings and forms the most relevant, up to date policy advice, indicating that proposals for the reuse of existing buildings for short term holiday letting will not be supported where the proposal will result in: i. An unacceptable impact on local amenity or the character of a neighborhood or area; or ii. The loss of residential accommodation where such loss is not outweighed by demonstrable local economic benefits. 42 With regard to Criterion (i), the proposal is for a change of use of a 2-bedroom upper floor flat, within a building containing 4 residential units; the basement property of which is already operating as a STL. No objections to the proposals have been received from any immediate neighbours, indicating it would appear that the present arrangements have not resulted in any adverse amenity issues in respect of noise or disturbance. The flat is accessed via a shared entrance onto Brae Street and communal internal flight of stairs. This is the only aspect however which is shared, as waste arrangements are dealt with by the hotel. The use of the property as a short term let has, and will, result in footfall associated with guests staying at the property; this is unlikely however to be at levels that are significantly different from the footfall – or impacts associated with the former use as a residential flat. 43 As the layout and access arrangements for the unit remain unchanged, the proposed use of the property as a short term let should not result in any undue levels of disturbance or noise. The agent has also provided supporting information to demonstrate how the unit is linked to the Taybank Hotel and is/shall be managed on a day-to-day basis. 44 While housekeeping matters and meal deliveries would create additional footfall, this is limited in scale and effectively no different to a residential property getting deliveries or engaging a domestic service. As Environmental Health Officers have noted, noise levels will in any event be regulated via the need for a licence. Page 117 of 126
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Accordingly, no adverse impacts are envisaged to the character of the area or established residential amenity levels. 45 In respect of criterion (ii) of NPF4 Policy 30(e), the proposal has resulted in the loss of a flat to short term let accommodation within Dunkeld town centre. It is acknowledged that the representations have raised valid concerns in respect of the lack of affordable housing provision and the high provision of second homes and STLs in the local area. Communities Housing Strategy have confirmed that Dunkeld is an area of housing pressure and that the future LDP3 will aim to develop policy with a view to help address any imbalance. There is no guarantee however as to the property ever being viewed as “affordable”, irrespective of the current use, given the town centre premium location and attributes of the Listed Building in which located. 46 The remaining assessment in terms of policy 30 (e) acceptability, therefore is whether, or not, the loss of another mainstream residential unit is outweighed by demonstrable economic benefits. 47 The supporting evidence provided and proximity of the STL to the Taybank Hotel and physical links in terms of parking, checking in/out, meals, management and interconnecting paths, is sufficient to demonstrate that there is an established relationship between the flats and the hotel, with a strong demand for visitor accommodation that necessitated the need for additional room provision. The loss of a flat is regrettable, but on balance, supportable, given the site context and economic contribution made to an established business and wider local area. 48 The proposal therefore accords in principle with NPF4 Policy 30(e): Tourism, and the intent of NPF4 Policy 27: City, Town, Local and Commercial Centres, as well as LDP2 Policies 1A & 1B: Placemaking and 10: City, Town and Neighbourhood Centres. Listed Building, Conservation Considerations and Visual Amenity 49 As the proposal relates to a Listed Building within the Dunkeld Conservation Area. Policy 7: Historic Assets and Places of NPF4 and 27A: Listed Buildings of LDP2 are relevant as they seek to ensure that any proposal which affects a Listed Building or its setting should be appropriate in terms of character, appearance and setting. Policy 28A (Conservation Areas) of the LDP2 also requires development within a Conservation Area to be of a standard which preserves or enhances its character or appearance. 50 No internal or external alterations are proposed. Given the lack of any physical change to the fabric of the building or Conservation Area, the proposals will make no difference to the visual appearance or character of the building or area in which it is located. The application is therefore acceptable in respect of LDP2 Policies 1A: Placemaking, 27A: Listed Buildings, 28A: Conservation Page 118 of 126
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Areas, and NPF4 Policies 7: Historic Assets and Places, and 14: Design, Quality and Place. Roads and Access 51 There are no designated parking spaces besides the flats. This is the case for the other residential units. Confirmation has been received that those patrons who travel by car can use one of the designated hotel parking bays located off Tay Terrace. Notwithstanding, there is a range of on and off-street parking available elsewhere within the town including the North and Tay Terrace Public Car Parks, and on-street at Bridge Street, Atholl Street and High Street. 52 As the proposals raise no issues or change in provision, no formal transportation consultations have been undertaken. The application site is also within convenient walking distance of the main road and links to public transport options. In these respects, the proposal accords with NPF4 Policy 13: Sustainable Transport and LDP2 Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals. Drainage and Flooding 53 There are no changes to existing connections or known issues relating to drainage or flooding at the site. Waste Collection 54 Although there will be waste storage arrangements in place at the building; plans indicate that the bins associated with both STL’s are located beside the hotel and will be dealt with as per present arrangements for the commercial operations. As such, there are no adverse waste collection impacts on properties in Brae Street. Other Material Considerations 55 Planning Guidance short-term lets (STLs) has recently been produced due to concerns expressed over the impact of STLs on services, local business staffing and expansion, as well as housing affordability. The Guidance was formally adopted by the Council on 1 November 2023 following consultation during Summer 2023. The adopted Guidance forms the most up-to-date indication of Council policy intent on the matter, and as such is a material consideration in addition to other policy factors and supplementary guidance in the assessment of the proposals. 56 The Guidance acknowledges that while short-term lets can bring economic benefits to the host and local areas, and that this must be balanced against the impact the loss of that residential property has on the availability of housing for local people. Page 119 of 126
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57 Six considerations have been outlined within the Guidance to assist in the application of the policy framework set out in NPF4. The considerations include location, larger residential properties, refurbishment of long-term empty properties, local amenity and character, business diversification, and the relationship between loss of residential accommodation and local economic benefits. The location consideration contains reference to three area types: city and town centres; mixed-use areas within settlements; and predominantly residential areas. 58 In this instance, the application site is set within Dunkeld Town Centre and has a direct connection with an existing commercial enterprise which requires to attract visitors to remain economically viable. As noted previously, the STL use is compatible with the character of the area and does not raise concerns in terms of residential amenity impacts. The loss of residential accommodation whilst having an impact in terms of the local availability of mainstream accommodation, is not irreversible and will assist in bringing ongoing economic benefits to the local area. 59 As such, the proposal accords with the policy intent of the adopted Planning Guidance, in terms of residential amenity, local character and housing availability. Developer Contributions 60 The Developer Contributions Guidance is not applicable to this application and therefore no contributions are required in this instance. Economic Impact 61 The economic impact of the proposal will directly support the Taybank Hotel and through guest expenditure, contribute to the local economy. Variation of Application Under Section 32A 62 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 confirm land ownership, waste/service provision and parking. Planning Obligations and Legal Agreements 63 None required. Direction by Scottish Ministers 64 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions Page 120 of 126
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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 65 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 the application subject to the following conditions: Conditions and Reasons for Recommendation 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. The development hereby approved shall be used solely for holiday accommodation and shall not be occupied as the sole or main residence of any occupant. Reason – In order to clarify the terms of the permission; to control and restrict the use of the building. 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. Part of the approved development includes holiday accommodation or Short- term Let accommodation (STL). The developer is advised that holiday accommodation and STLs require to be licensed under the terms of Article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-terms Lets) Order Page 121 of 126
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2021 and therefore a licence application should be made to Perth and Kinross Council prior to operation commencing. Further information and application forms are available at https://www.pkc.gov.uk/shorttermlets. 2. 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 incorporated minor changes in the interest of accuracy. Background Papers Letters of representation 7 Authors Name Designation Contact Details Alma Bendall Planning Officer 01738 475300 Approved Name Designation Date Paul Williamson Team Leader 29 January 2025 Page 122 of 126
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Ü Change of use of flat to short-term let accommodation unit at Flat 3, 7 Brae Street, Dunkeld 24/01440/FLL Scale 1:8,000 Planning and Placemaking Committee© 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(2)(ii) Page 123 of 126
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Ü Change of use of flat to short-term let accommodation unit at Flat 3, 7 Brae Street, Dunkeld 24/01440/FLL Scale 1:3,000 Planning and Placemaking Committee© 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(2)(ii) Page 125 of 126
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