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Minute of meeting of 14 June 2023

Perth and Kinross Council · 12 July 2023
Back to Planning and Placemaking Committee — 12 July 2023 and its agenda

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PLANNING AND PLACEMAKING COMMITTEE 
Minute of hybrid meeting of the Planning and Placemaking Committee held in the
Council Chambers, 2 High Street, Perth, on Wednesday 14 June 2023 at 9:30am. 
Present: Councillors I Massie and G Stewart, Bailies A Bailey (substituting for
Councillor B Leishman), C McLaren and M Williamson, Councillors H Anderson,
B Brawn (up to and including Item 5(2)(i)), M Frampton (substituting for R Watters),
K Harvey, D Illingworth, I James (up to and including Item 5(2)(i)), C Reid and
C Stewart (substituting for D Cuthbert). 
In Attendance: L Reid, D Salman, K Smith and P Williamson (all Communities);
A Brown, C Elliott, J Guild and M Pasternak (all Corporate and Democratic
Services). 
Apologies: Councillors D Cuthbert, B Leishman and R Watters. 
Councillor I Massie, Convener, Presiding. 
1. WELCOME AND APOLOGIES 
The Convener welcomed everyone present to the meeting.  Apologies were
noted as above. 
2. DECLARATIONS OF INTEREST 
In terms of the Councillors Code of Conduct, Bailie A Bailey declared a non-
financial interest in Item 5(2)(i).   
3. MINUTES 
The minute of meeting of the Planning and Placemaking Committee of 17
May 2023, be approved. 
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. 
23/00224/FLM     5(1)(i) 
23/00167/FLL     5(2)(i)

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5. APPLICATIONS FOR DETERMINATION 
(1) Major Application 
(i) 23/00224/FLM – Section 42 application to vary condition 12
(noise mitigation) of permission 19/00917/FLM, land 300
metres northwest of Lathro Farm, Kinross   
Following non-attendance by the deputation, the Committee
proceeded to determine the application. 
Motion (Councillors I Massie and D Illingworth) 
Grant, subject to the following conditions, terms and
informatives: 
Conditions
1. This planning permission will last only for three years
from the date of this decision notice unless the
development has been lawfully started within that period.
Reason: This is a Planning Permission in terms of
Section 58 of the Town and Country Planning (Scotland)
Act 1997, as amended by Section 32 of the Planning
(Scotland) Act 2019.
2. The development hereby approved must be carried out in
accordance with the approved drawings and documents,
unless otherwise provided for by conditions imposed by
this decision notice.
Reason: To ensure the development is carried out in
accordance with the approved drawings and documents.
3. The development shall be completed in accordance with
the delivery plan confirming the phased delivery of the
site and construction works, submitted 23/04/21. Drawing
No. 19/00917/133.
Reason: In order to ensure the implementation and
completion of the development components of the
proposal coincide with key infrastructure delivery
requirements.
4. The development shall be completed in accordance with
the updated Construction Environment Management Plan
(CEMP).  Submitted 20/09/21. Doc ID – 1695603 of
permission 19/00917/FLM relate.
Reason: In the interest of protecting environmental quality
and of biodiversity.
5. The development shall be completed in accordance with
the Construction Traffic Management Scheme as
included in the Construction Environment Management
Plan (CEMP). Submitted 20/09/21.  Doc ID – 1695603 of
permission 19/00917/FLM relate.

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Reason:  In the interests of pedestrian and traffic safety
and in the interests of free traffic flow throughout the
construction period.
6. The development shall be finished in accordance with the
Invasive Species Management Plan and Biodiversity
Action Plan, submitted 23/04/21.  Drawing No's -
19/00917/136 and 19/00917/137.
Reason: In the interests of protecting environmental
quality and promoting biodiversity.
7. No removal of hedgerows, trees or shrubs that may be
used by breeding birds shall take place between 1st
March and 31st August inclusive, unless a competent
ecologist has undertaken a careful, detailed check of
vegetation for active birds' nests immediately before the
vegetation is cleared or building affected, and provided
written confirmation that no birds will be harmed and/or
that there are appropriate measures in place to protect
nesting bird interest on site.  Any such written
confirmation should be submitted to the Planning
Authority.
Reason: In the interests of employing best practice
ecology and to ensure there is no adverse impact on any
protected species as identified under the Wildlife and
Countryside Act (1981). 
8. All existing trees and hedgerows shall be retained and
protected by suitable fencing in accordance with BS5837
2012 (Trees in Relation to Construction), unless
otherwise agreed in writing by the Planning Authority. 
The details of the protective fencing and its location shall
be as set out and agreed in the Construction
Environmental Management Plan (CEMP) subject of
Condition 3 of this planning permission.  No materials,
supplies, plant, machinery, soil heaps, changes in ground
levels or construction activities shall be permitted within
the protected areas without the written consent of the
Planning Authority.
Reason: To ensure adequate protection for the trees on
the site during the construction, in the interests of the
visual amenity of the area. 
9. The detailed landscaping and planting scheme (plans
19/00917/74) which is hereby approved shall be
implemented concurrently with development and be
completed within the first available planting season
(October to March) after the completion of the
development.  The approved scheme shall thereafter be
maintained, with any planting failing to become
established within five years being replaced in the
following planting season with others of a size and
species as previously approved.

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Reason: In the interests of visual amenity and to ensure
the satisfactory implementation of the proposed planting
scheme.
10. The development shall be completed in accordance with
the finished detail of the required Sustainable Urban
Drainage (SuDS) pond, submitted 23/04/21.  Drawing No.
19/00917/136.
Reason: In the interests of visual amenity, enhancing
biodiversity opportunities and in pursuance of satisfying
placemaking policy criteria of the LDP.
11. The development shall be completed in accordance with
the finished design details of the proposed children's play
area. Submitted 23/04/21.  Drawing No. 19/00917/135
Reason: In the interests of residential amenity and to
ensure the satisfactory provision and implementation of a
children's play area.
12. Construction work shall be limited to Monday to Friday
0700 hours to 1900 hours and Saturday 0800 hours to
1300 hours with no noisy works out with these times or at
any time on Sundays.
Reason: In the interests of residential amenity; to ensure
a satisfactory standard of local environmental quality
during the construction period.
13. Trickle ventilators shall be installed with passive extract
ventilation systems in line with the recommendation
within the approved 'Residential Noise Mitigation
Scheme' report N79153-1r2 dated 19 August 2022,
Figure 3 and 4 proposed glazing and sound insulation
performance and ventilation strategy for Ground and 1st
floors plans.
Reason: In the interests of public health and to prevent
adverse noise pollution.
14. Within 2 months of the date of this planning permission,
detailed designs and specification of the following road
infrastructure improvements shall be submitted to and
approved in writing by the Planning Authority:
a) hard standing areas to facilitate bus stops on the
North and South sides of Gallowhill Road in the
vicinity of the development's new access; and 
b) delivery of bus shelters on both sides of the A922,
in the vicinity of the development access (near
Lathro Cottage). 
Thereafter, the approved details for both schemes shall
be completed by or on behalf of the developer and made
available for use to the satisfaction of the Planning
Authority, within 4 months of the date of this planning
permission.
Reason: In the interests of pedestrian and traffic safety;
ensuring provision and encouraging use of suitable public
transport measures.

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15. The development shall be completed in accordance with
the Travel Plan, aimed to encourage more sustainable
means of travel, submitted 23/04/21.  Drawing No.
19/00917/141.
Reason: In the interests of road safety; to seek
sustainable means of travel to and from the site.
16. Within 4 months of the date of this planning permission,
the vehicular access at Gallowhill Road shall be formed in
accordance with Perth & Kinross Council's Road
Development Guide, Type C Figure 5.7 access detail, of
Type B Road construction detail, delivered and opened at
a time as agreed in association with satisfying the
delivery plan required by condition 3.
Reason: In the interests of road safety; to ensure the
provision of adequate visibility of the vehicular access.
17. Within 2 months of the date of this planning permission, a
scheme for the introduction of traffic signal control at the
junction of The Muirs and C495 and associated road
infrastructure works shall be submitted to and approved
by the Planning Authority in writing.  Thereafter the
approved scheme shall be implemented by or on behalf
of the developer prior to the occupation of the ninety
seventh dwellinghouse on the development hereby
approved, to the satisfaction of the Planning Authority.
Reason: In the interests of road safety.
18. Within 2 months of the date of this planning permission, a
scheme for the extension of the existing 30 mph traffic
regulation order beyond the proposed new development
access junction on Gallowhill road and associated road
infrastructure works shall be submitted to and approved
by the Planning Authority in writing.  Thereafter the
approved scheme shall be implemented at a time as
agreed in association with satisfying the delivery plan
required by Condition 3, to the satisfaction of the
Planning Authority.
Reason: In the interests of road safety.
19. The development shall be finished in accordance with the
design details of the mini glass recycling point. Submitted
23/04/21.  Drawing No. 19/00917/135.
Reason: In the interests of sustainability, seeking to
reduce carbon footprint and encourage household
recycling 
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

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constitute a breach of planning control under section
123(1) of that Act, which may result in enforcement action
being taken.
2. As soon as practicable after the development is
complete, the person who completes the development is
obliged by Section 27B of the Town and Country
Planning (Scotland) Act 1997 (as amended) to give the
Planning Authority written notice of that position.
3. This development will require the ‘Display of notice while
development is carried out’, under Section 27C (1) of the
Town and Country Planning Act 1997, as amended, and
Regulation 38 of the Development Management
Procedure (Scotland) Regulations 2013.  The form of the
notice is set out in Schedule 7 of the Regulations and a
draft notice is included for your guidance.  According to
Regulation 38 the notice must be: 
• Displayed in a prominent place at or in the vicinity of
the site of the development. 
• Readily visible to the public. 
• Printed on durable material.
4. There is a continued requirement for a Section 75 legal
obligation covering the wider site, which includes Open
Space provision and maintenance. A copy is available to
view on the Council’s Public Access portal. 
Amendment (Councillor C Stewart) 
Refuse the application and maintain the conditions for the
development as set out in planning permission 19/00917/FLM. 
On failing to secure a seconder, the Amendment subsequently
fell. 
Resolved:
In accordance with the Motion. 
HAVING DECLARED AN INTEREST IN THE FOLLOWING ITEM, BAILIE A BAILEY
LEFT THE MEETING AT THIS POINT. 
(2)  Local Application 
(i) 23/00167/FLL – Siting of container unit for use as hot food
takeaway and formation of decking (for a temporary period)
land 25 metres south west of public convenience, Atholl
Street, Dunkeld PH8 0AX 
Ms C Claydon, objector to the application, followed by 
Mr O Cevik, applicant, addressed the Committee and answered
Members’ questions.

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Resolved:
Grant, subject to the following conditions, terms and
informatives: 
Conditions
1. Planning permission is hereby granted for a temporary
period until 30 June 2028.  Prior to this date, all
development shall be removed from the site, and the use
shall cease.  If the use of the site ceases prior to this date
for a continuous period of 6 months, then all development
shall be removed from site within a period of 2 months
from the date of a formal notification by the Council as
Planning Authority.
Reason: This is a temporary planning permission. 
2. The development hereby approved must be carried out in
accordance with the approved drawings and documents,
unless otherwise provided for by conditions imposed by
this decision notice.
Reason: To ensure the development is carried out in
accordance with the approved drawings and documents.
3. Prior to the commencement of the development hereby
approved, precise details of the proposed base of the
container, intended utility/infrastructure connections and
other ancillary storage containers shall be submitted to
and agreed in writing by the Council as Planning
Authority.  The details must ensure that a) pressure on the
roots is not excessive and b) suitable drainage to the
ground beneath can take place.  The agreed details shall
thereafter be implemented in full.
Reason: In order to safeguard surrounding trees. 
4. 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 protect existing residential amenity.
5. Prior to the development hereby approved being
completed or brought into use, an effective ventilation
system commensurate with the nature and scale of
cooking to be undertaken shall be installed and operated
such that cooking odours are not exhausted into or
escape into any neighbouring buildings.  Thereafter the
system shall be maintained as per the manufactures
specifications. 
Reason: In order to protect existing residential amenity.
6. All external lighting shall be sufficiently screened and
aligned so as to ensure that there is no direct illumination
of neighbouring land and that light spillage beyond the

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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 protect existing residential amenity.
7. The container shall be finished in the agreed colour on all
four sides, and the external finish thereafter maintained
yearly. 
Reason: In order to protect the visual amenity of the area. 
8. Prior to the delivery of the container, all trees on site 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 installation phase. 
Reason: In order to protect existing trees from
unnecessary damage during the delivery of the container.
9. Prior to the commencement of the development hereby
approved, detailed drawings showing all waste and
recycling facility enclosures or waste and recycling facility
storage areas and associated locations for bin
presentation shall be submitted to and agreed in writing
by the Council as Planning Authority.  The agreed details
shall thereafter be implemented in full after
commencement.  
Reason: In order to clarify the terms of this planning
permission.
10. The onsite refuse storage area for these premises shall
be operated and maintained such that detriment is not
caused to the amenity of the area or any neighbouring
premises. 
Reason: In the interest of proper site management. 
11. The asserted core path (DUNK/25) 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: In order to protect public access rights. 
12. Prior to the commencement of the development hereby
approved, an Operational Management Plan shall be
submitted to and agreed in writing by the Council as
Planning Authority.  The Plan must include opening hours,
details of means of deliveries and timing, a procedure for
dealing with onsite anti-social behaviour and a review
procedure.  The approved plan shall be implemented in
full. 
Reason: In order to protect residential amenity.

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Informatives
1. Under section 27A of the Town and Country Planning
(Scotland) Act 1997 (as amended) the person undertaking
the development is required to give the Planning Authority
prior written notification of the date on which it is intended
to commence the development.  A failure to comply with
this statutory requirement would constitute a breach of
planning control under section 123(1) of that Act, which
may result in enforcement action being taken. 
2. As soon as practicable after the development is complete,
the person who completes the development is obliged by
section 27B of the Town and Country Planning (Scotland)
Act 1997 (as amended) to give the Planning Authority
written notice of that position.
3. 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.
4. 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/
BAILIE A BAILEY RETURNED TO THE MEETING AT THIS POINT. 
COUNCILLORS B BRAWN AND I JAMES LEFT THE MEETING AT THIS POINT. 
6. PROPOSAL OF APPLICATION NOTICES 
(i) 23/00005/PAN – Mixed use development comprising the erection
of retail units including garden centre (Class 1a), café/restaurant
(Class 3) with drive thru, a petrol filling station and formation of
landscaping, infrastructure and associated works, Former British
Car Auctions, Kinross 
Bailie McLaren requested due consideration be given to adequate
provision of waste management and recycling facilities. 
Councillor C Stewart requested due consideration be given to
phosphorous mitigation and discharge into Loch Leven. 
Councillor Frampton requested due consideration be given to the wider
road network and traffic at the shared area and Kinross High Street. 
Bailie Williamson requested due consideration be given to light
pollution and impact of same on the Quaich Burn, security fencing
around the development and noise pollution. 
The contents of the Head of Planning & Development’s Report were
noted.

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(ii) 23/00006/PAN – Siting of 68 holiday accommodation units and
manager’s accommodation unit, formation of vehicular access,
erection of hub building, landscaping, car parking and associated
works, land 1000 metres east of Muirhead Cottage, Auchterarder 
Councillor Reid requested due consideration be given to consultation
with the Health and Safety Executive due to nearby high pressure gas
pipeline and a traffic management plan for the A823, Church Road and
Orchil Road. 
Councillor C Stewart requested due consideration be given to suitable
access to and from the site. 
Bailie McLaren requested due consideration be given to adequate
waste management and recycling facilities. 
Bailie Williamson requested due consideration be given to noise
pollution, public transport, impact on events within the area and
developer contributions. 
The contents of the Head of Planning & Development’s Report were
noted. 
(iii) 23/00007/PAN – Erection of staff service/welfare building, office
building, greenhouse, upgrade of public road access and upgrade
to forestry track, parking with cycle storage, installation of
biomass plant and associated ancillary buildings/works, land
0.8km north of Newhall Estate, Taymouth Castle, Kenmore,
Aberfeldy PH15 2NT 
Bailie Williamson requested due consideration be given to the design
of the building ensuring it is in keeping with the character of the
surrounding countryside, traffic management, access to public
transport, noise mitigation, flood risk, construction times and potential
use of treated sewage for the local golf course irrigation. 
Councillor C Stewart requested due consideration be given to the
proximity to A827 and consultation with the Roads Authority in relation
to subsidence of this road. 
The contents of the Head of Planning & Development’s Report were
noted.