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22/00753/Fll

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

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Perth and Kinross Council
Planning and Placemaking Committee – 12 July 2023
Report of Handling by Head of Planning & Development
(Report No. 23/209) 
PROPOSAL:  Erection of 3 dwellinghouses and associated landscaping and access 
LOCATION: Wester Balgedie Farm, Wester Balgedie, Kinross, KY13 9HE 
Ref. No: 22/00753/FLL
Ward No: P8- Kinross-shire 
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 permission is sought for the erection of three dwellinghouses on a site at
Wester Balgedie, 3 miles to the east of Milnathort. The site extends to 0.58 (ha)
(5840 sq m). 
2 The site previously contained three agricultural buildings. A large steel portal frame
building to the north west of the site has been demolished as has a smaller building
to its east. These were deemed to be dangerous and were removed.  A third
building with masonry wall attached to a stone built steading is also proposed for
removal.  The demolition of the three buildings (in part retrospect) is subject to a
separate application for Conservation Area Consent (22/00838/CON) due to the site
being within the Wester Balgedie Conservation Area. 
3 The site lies within the village boundary, as designated in the Perth and Kinross
Local Development Plan 2 (2019) and is within the old ‘ferm toun’. There is existing
housing around the site to the northeast and southeast with farmland to the south
and west. The site is within Wester Balgedie Conservation Area and within the Loch
Leven and the Lomond Hills Local Landscape Area. 
4 The proposal is for the erection of three dwellinghouses.  The external finish is
primarily black painted vertical timber cladding with zinc roofs. An area of “green
roof” is also proposed.  The houses all have a similar layout with accommodation
over two levels with three bedrooms at first floor level and scope for a fourth
bedroom on the ground floor.  All have associated garages (5.7m wide by 5.3m
deep) with home office accommodation at first floor level.

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5 The site is accessed from Dryside Road via an existing agricultural access that also
serves two residential properties.  There is a right of way from the B919 (opposite
the Balgedie Toll Tavern) that runs along the field boundary outwith the site and
along the vehicular access to the front of the site north east to Dryside Road. 
6 The site has a lengthy planning history.  Planning permission for residential
development was refused by Committee in 2008 (07/02325/FUL).  An appeal to the
DPEA was sisted whilst a revised application was considered.  The revised
application 09/00195/FUL was subsequently refused by Development Control
Committee.  The appeal against the earlier decision was eventually dismissed as
agreement via a section 75 could not be reached with regard to provision of
satisfactory drainage infrastructure. 
Pre-Application Consultation 
7 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 
8 The Development Plan for the area comprises National Planning Framework 4
(NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2). 
National Planning Framework 4 
9 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.   
10 NPF4 was adopted on 13 February 2023. NPF4 has an increased status over
previous NPFs and comprises part of the statutory development plan. 
11 The Council’s assessment of this application has considered the following policies
of NPF4: 
• Policy 1: Tackling the Climate and Nature Crisis
• Policy 2: Climate Mitigation and Adaptation
• Policy 3: Biodiversity
• Policy 4: Natural Places
• Policy 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

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Perth and Kinross Local Development Plan 2 – Adopted November 2019 
12 The Local Development Plan 2 (LDP2) is the most recent statement of Council
policy and is augmented by Supplementary Guidance. 
13 The principal policies are: 
• Policy 1A: Placemaking
• Policy 1B: Placemaking
• Policy 2: Design Statements
• Policy 5: Infrastructure Contributions
• Policy 14A: Open Space Retention and Provision: Existing Areas
• Policy 15: Public Access
• Policy 17: Residential Areas
• Policy 27A: Listed Buildings
• Policy 28A: Conservation Areas: New Development
• Policy 28B: Demolition within Conservation Areas
• Policy 32: Embedding Low & Zero Carbon Generating Technologies in New
Development
• Policy 38A: Environment and Conservation: International Nature
Conservation Sites
• Policy 39: Landscape
• Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and
Development
• Policy 41: Biodiversity
• Policy 46A: Loch Leven Catchment Area
• Policy 46B: Loch Leven Catchment Area
• Policy 52: New Development and Flooding
• Policy 53B: Water Environment and Drainage: Foul Drainage
• Policy 53C: Water Environment and Drainage: Surface Water Drainage
• Policy 53E: Water Environment and Drainage: Water Supply
• Policy 55: Nuisance from Artificial Light and Light Pollution
• Policy 56: Noise Pollution
• Policy 58A: Contaminated and Unstable Land: Contaminated Land
• Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
Statutory Supplementary Guidance 
• Supplementary Guidance - Developer Contributions & Affordable Housing
(adopted in 2020)
• Supplementary Guidance - Flood Risk and Flood Risk Assessments
(adopted in 2021)
• Supplementary Guidance - Landscape (adopted in 2020)
• Supplementary Guidance - Placemaking (adopted in 2020)

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OTHER POLICIES 
Non-Statutory Guidance 
• Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC
and the River Tay SAC
• Planning Guidance - Planning & Biodiversity
• Conservation areas 
NATIONAL GUIDANCE 
14 The Scottish Government expresses its planning policies through The National
Planning Framework, Planning Advice Notes, Creating Places, Designing Streets,
National Roads Development Guide and a series of Circulars.   
Planning Advice Notes 
15 The following Scottish Government Planning Advice Notes (PANs) and Guidance
Documents are of relevance to the proposal: 
• PAN 40 Development Management
• PAN 51 Planning, Environmental Protection and Regulation
• PAN 68 Design Statements 
Creating Places 2013 
16 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 
17 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 
18 This document supports Designing Streets and expands on its principles and is
considered to be the technical advice that should be followed in designing and
approving of all streets including parking provision.

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Site History 
• 07/01911/FUL Full Planning Permission application was Withdrawn on 2 November
2007 for Erection of a dwellinghouse and associated works
• 07/02325/FUL Full Planning Permission was Refused On 6 August 2008 for
Proposed erection of 9 dwellinghouses, including 7 new-build houses, conversion
and extension of 2 existing steading buildings and alterations and extension to
existing farmhouse.
• 08/00484/FUL Full Planning Permission was Refused On 1 July 2008 for Erection
of a dwellinghouse and associated works
• 08/01927/FUL Full Planning Permission application was Withdrawn On
19 November 2008 for Erection of dwellinghouse, drainage works and associated
works
• 09/00195/FUL Full Planning Permission was Refused On 24 June 2009 for
Residential development including 6 new build houses, conversion and extension of
two existing steadings and alteration and extension to existing farmhouse
• 09/00696/FLL Full Planning Permission was Approved On 13 December 2010 for
Erection of a dwellinghouse and associated works
• 09/01131/FLL Full Planning Permission On 3 August 2009 for Erection of an
agricultural shed for livestock use in retrospect
• 09/01487/FLL Full Planning Permission was Approved On 26 November 2009 for
Erection of an agricultural shed
• 22/00838/CON On  for Demolition of 3 agricultural buildings (in retrospect)
• 22/00954/CON On 25 May 2022 for Complete demolition in a conservation area
• 22/01624/TW was Approved On 17 October 2022 for Tree Works 
CONSULTATIONS 
19 As part of the planning application process the following bodies were consulted: 
External 
Scottish Environment Protection Agency 
20 No objection following submission of revised phosphorus mitigation calculations,
which confirm the use of ‘Kinshiell’, Kinnesswood for sufficient phospherous
mitigation.  Informatives should be attached in respect of the need to apply for a
CAR licence from SEPA. 
Scottish Water 
21 No objection.  There is no Scottish Water waste water infrastructure in the area. 
Private arrangements are required.

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Internal 
Development Plan 
22 Policy advice given with regard to Development Plan policies 14A, 27 and 28, 39,
40 and 41. 
Transportation And Development 
23 No objection.   
Development Contributions Officer 
24 No developer contributions required. 
Conservation 
25 No objection following clarification of the proposed re-use of salvaged stone. 
Perth And Kinross Heritage Trust 
26 No objection. No heritage assets require to be recorded. 
Environmental Health (Noise Odour) 
27 No objection subject to plant noise condition. 
Environmental Health (Contaminated Land) 
28 No objection subject to contaminated land condition. 
Community Waste Advisor - Environment Service 
29 Consultation response awaited at time of report. 
Representations 
30 Eleven representations of objection were received. The main issues raised within
the representations are: 
• Contrary to Development Plan
• Visual amenity
• Out of character
• Inappropriate land use
• Light pollution 
• Noise pollution
• No affordable housing
• Loss of open space

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• Over intensive development
• Drainage
• Bin storage
• Traffic generation, parking and road safety
• Biodiversity
• Misleading supporting information 
31 These issues are addressed in the Appraisal section of the report.   
32 Thirteen representations were received in support of the proposal. 
ADDITIONAL STATEMENTS 
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment under Habitats
Regulations
Habitats Regulations Appraisal –
AA Not Required
Design Statement or Design and Access
Statement
Submitted
Report on Impact or Potential Impact eg Flood
Risk Assessment
Drainage strategy report 
APPRAISAL 
33 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 planning guidance. 
34 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 compliance with Section 64(1) of the Planning (Listed Buildings and
Conservation Areas) (Scotland) Act 1997 which requires planning authorities to pay
special attention to the desirability of preserving or enhancing the character or
appearance of the designated conservation area. 
Principle 
35 NPF4 generally seeks to ensure that development is focussed within towns and
cities but acknowledges the need to sustain rural economies while protecting the
countryside where it genuinely contributes to the policy outcomes.  However,
suburbanisation of the countryside and unsustainable travel and development
patterns should be avoided.

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36 This principle is also evident in Perth and Kinross Local Development Plan 2019
(LDP2), which generally seeks to direct development to sites within settlement
boundaries with Policy 17 Residential Areas encouraging development inside
settlement boundaries where existing residential amenity will be protected and
where possible improved.  The policy requires development to be compatible with
the amenity and character of the area and to fall within one or more of a number of
categories including c) that supports proposals which will improve the character and
environment of the area of village. 
37 Policy 14A of LDP2, Open Space Retention and Provision, is also relevant.  This
requires that areas of open space be protected except in limited circumstances. The
proposed development will result in the loss of a small amount of open space
between the former farm buildings and the A911 in order to provide the necessary
drainage infrastructure, albeit that land is not useable open space for the
community, and has historically been grassed land associated with the farm.  The
vast majority of it would however remain. 
38 In Local Development Plan 2 Wester Balgedie settlement area was drawn tightly to
restrict over development particularly given the conservation area covering the area
of the development and surrounding buildings. The open space shown on the
settlement map supports this, helping preserve the rural nature of the settlement,
and protecting the village from overdevelopment. LDP2 however specifically
encourages the redevelopment or conservation of the farm buildings subject to
appropriate design and layout. The farm buildings have been demolished leaving
redevelopment here appropriate providing the design and layout are suitable. 
39 Policy 14A provides for an exception to the protection of open space where: “ the
proposed development involves a minor part of the site which would not affect its
continued use as a recreation or [as relevant here] amenity resource.” The intrusion
of the development is a minor incursion into the open space designation and does
not significantly impact on its function. 
Design and Layout 
40 Policies 1A and B of LDP2 Placemaking and Policy 14, Design, Quality and Place,
of NPF4 require the design and scale of development to respect its surroundings
and to deliver well designed development.   
41 The proposed buildings are located on a site previously occupied by substantial
agricultural buildings.  The new houses are set below the ridge line of the existing
farm house and are stepped down across the site from the north east to the south
west.  The development proposed is of a linear long house form with ancillary
garage buildings set at a different angles, and staggered, to break up the massing
of the development.  There are large areas of glazing most notably on the
southwest facing gables.

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42 The external wall finishes are of black painted timber cladding with dark grey/black
zinc roof.  There is also an area of “green roof”.  Some salvaged stone from
buildings and walls demolished on site will be used in the landscaping.     
43 The proposed development is considered to be a good fit for the site, with
appropriately scale and detailing to complement the agricultural setting and
character at this location and therefore accord with Policies 1A and B and Policy 14
of NPF4. 
Landscape 
44 Policy 39 of the LDP2 requires the landscape character of the area to be respected
and to not erode local distinctiveness, diversity and quality.  Policy 4(a), Natural
Places, of NPF4 is also applicable and seeks to ensure that the development does
not have an unacceptable impact on the natural environment. 
45 The site sits within the Loch Leven and Lomond Hills Local Landscape Area.  The
designation is intended to ensure that the landscape experience of the loch and hills
are not adversely affected by new development. The new buildings will impact to
some degree on the views of Bishop Hill on the approach from the A919 and less so
on the approach from the west on the A911.  However the mass of the buildings
themselves do not intrude significantly to impact on the general rural nature of the
area given other two storey more traditional buildings in the area.   The black and
metal proposed is a contrast to the surrounding buildings and an improvement on
the pre-existing structures. The dark, recessive tone will be less visible in the
landscape and from longer views of the site. 
Residential Amenity 
46 Policy 17 of LDP2 requires developments to protect or, where possible, improve
residential amenity.  The site has been derelict for a number of years and the
proposal will improve the amenity of the area. Whilst there may be some noise and
disturbance during construction this is limited and it would not be appropriate to
control this by condition for what is a relatively small scale development. 
47 There are other residential properties to the north east and south east of the site,
the Round Yard being around 20 metres away across the access track.  The
distance and orientation of the new development mean that there will not be any
impact on existing residential amenity terms of overlooking or overshadowing.  The
three new dwellinghouses run parallel to each other and whilst window to boundary
distances on the side elevations are less than the 9 metres generally recommended
the placing of windows and intervening walling will mean that there will not be any
impact from overlooking.  Each property also has an area of private amenity space. 
48 Environmental Health has commented in terms of proposed air source heat pumps. 
As these are domestic sized units noise levels should not exceed WHO
recommended levels.  However it is recommended that a condition be attached to
protect residential amenity (Condition 10).

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Visual Amenity 
49 A derelict site is being brought back into use which will improve visual amenity.  
The scale, massing and material finish of the buildings is considered appropriate in
terms of visual impact.  Letters of representation have expressed concern about the
large windows proposed that may impact on the rural unlit nature of the area
particularly in winter evenings however this impact is likely to be limited by the
residents’ desire for privacy at night and visual impact is expected to be limited. 
Roads and Access 
50 The plans initially submitted did not show the vehicle accesses into the plots
proposed, nor did they show any car parking on site for any delivery vehicles or
access for service vehicles to reach the waste treatment plant.  It is also noted that
the applicant has not shown the redline boundary to the public road network. 
51 Following discussions with the agent a plan showing parking was submitted.  The
applicant has advised that works to the private access track will be minimal. 
Transport Planning has no objection to the additional three houses that will be
accessing the roads network. 
52 It is noted that an asserted right of way to the Balgedie Toll runs along the shared
access.  An informative note will be added to highlight the importance of retaining
public access along this route (Informative 6). 
Drainage and Flooding 
53 Policy 53B of the LDP2 states that settlements where there is limited or no public
sewerage system, a private system may be permitted provided it does not have an
adverse effect on the natural and built environment, surrounding uses and amenity
of the area.  A private system is required in this instance.  This site is also within the
Loch Leven Catchment where policies 46A and 46B of the LDP2 applies.  These
policies require the implementation of mitigation measures capable of removing
125% of phosphorus likely to be generated by the development from the catchment.
All applicants are required to submit details of the proposed method of drainage,
and details of phosphorus mitigation.   
54 An initial drainage strategy and mitigation proposal, had not been agreed by all
necessary parties, as such a revised solution required to be tabled.  SEPA has
been re-consulted on the proposal and has no objection subject to conditions to
ensure that the drainage arrangements are installed and retained to remove
phosphorus from the Loch Leven Catchment Area.  Conditions to ensure
compliance with policy 46A and B will be applied (Conditions 3 and 4). 
Waste Collection 
55 Space for waste collection and recycling are included in the development.  An
informative note will be added to highlight the importance of liaising with PKC Waste

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Management regarding arrangements for waste and recycling arrangements in the
area (Informative 7). 
Conservation Considerations 
56 The site is within the Wester Balgedie Conservation Area.  Policy 28 of LDP2
requires proposals involving the demolition and replacement of buildings within a
conservation area to enhance or preserve the character of the area.  In this case it
is concluded that the scale and siting of the proposed residential development
protects the character of the conservation area. The reasoning for this relates to the
scale and form of the development, in comparison to that which existed previously,
together with the quality of the design and materials being proposed.  A condition
(Condition 5) will be added to confirm details of hard and soft landscaping.  As the
site is within the Conservation Area any additional sheds, boundary features or
domestic garden features will require planning permission.  This will ensure that
domestic development within the curtilage of the site is controlled and the rural
character of the setting will be preserved. 
57 Policy 27 Listed Buildings of the LDP2 requires that the design of any development
that affects a listed building or its setting should be appropriate to the listed
building’s character, appearance and setting.  The proposal to re-develop the site
will improve the appearance of the site and not impact on the setting of the C listed
farmhouse building to the east. 
Natural Heritage and Biodiversity 
58 There are two mature trees indicated on the plans to the south east of the site.
These are identified as being retained.  A condition will be attached to ensure that
these trees are protected during construction (Condition 7).  As the site is within the
Wester Balgedie Conservation Area the Council would need to be notified if any
work was proposed to the existing trees. 
59 The existing derelict site has limited biodiversity value.  A small green roof area has
been provided as an enhancement to biodiversity.  The landscaping plan (Condition
5) will provide an opportunity to detail enhancement of biodiversity.  An informative
note highlighting the Planning for Nature guidance will be added (Informative 8). 
Embedding Low and Zero Carbon Generating Technology   
60 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. A statement will be required to be submitted demonstrating
compliance with this requirement (Condition 9).

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Developer Contributions 
Primary Education/Affordable Housing 
61 The Council Developer Contributions Supplementary Guidance requires a financial
contribution towards increased primary school capacity in areas where a primary
school capacity constraint has been identified. A capacity constraint is defined as
where a primary school is operating at over 80% and is likely to be operating
following completion of the proposed development, extant planning permissions and
Local Development Plan allocations, at or above 100% of total capacity. 
62 This proposal is within the catchment of Portmoak Primary School. Education &
Children’s Services have no capacity concerns in this catchment area at this time. 
No developer contributions are required. 
63 There is no requirement for the provision of affordable housing on this site due to
the small scale of the proposal being less than 5 units. 
Contaminated Land 
64 Potentially there are a range of contaminants that could be present in agricultural
land.  This is particularly true of areas used as farmyards which may have contained
a variety of buildings that have been put to a number of uses.  Aside from the likely
presence of made ground any number of chemicals could have been used and
potentially leaked or been spilled. The risks associated with this remain difficult to
quantify until there has been some form of sampling and chemical analysis of the
soils contained within the development area. This will help determine the suitability
of the site for the proposed development and whether any measures are needed to
mitigate against any risks that have been identified. 
65 A condition is recommended to ensure that any contamination on the site is
identified and appropriately mitigated (Condition 8).  
Economic Impact 
66 Any economic impact will be focused at the construction phase of development.   
Supporting Information 
67 Letters of representations have raised concerns that some of the supporting
information submitted with the application is misleading.  The supporting information
is open to interpretation and does understandably give a positive slant to the
proposal.  The Planning Authority’s assessment is based on current Development
Plan policies and has not been unduly influenced by everything presented in the
supporting documents.

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VARIATION OF APPLICATION UNDER SECTION 32A 
68 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 proposed drainage strategy and
proposed site plan to include vehicular access to the septic tank.   
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
69  None required. 
DIRECTION BY SCOTTISH MINISTERS 
70 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 
71 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. 
72 Accordingly the proposal is recommended for approval subject to the following
conditions. 
A RECOMMENDATION   
Approve the application. 
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.

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Reason - To ensure the development is carried out in accordance with the approved
drawings and documents. 
3. The foul drainage infrastructure capable of achieving not less than 125%
phosphorus mitigation associated with this development shall be undertaken in a
phased manner: 
(a) No development shall commence on the approved development site until the
mitigating foul drainage infrastructure at the remote properties at ‘Kinshiell’,
Main Street, Kinnesswood, has been installed, 
(b) Following the installation of the foul drainage infrastructure at the remote
property/properties, the development site shall only be occupied once the
foul drainage infrastructure for the development site has been installed. For
the avoidance of doubt the installed drainage infrastructure at the
development site as approved shall be retained.   
Reason - To ensure appropriate drainage arrangements are installed and retained
to remove phosphorus from the Loch Leven Catchment Area thereby ensuring
compliance with Policy 46 A & B: Loch Leven Catchment Area of the Perth and
Kinross Local Development Plan 2 (2019) and Enterprise and Infrastructure
Committee Resolution of 28 August 2013. 
4. Development shall not commence until the applicant has submitted approved CAR
licence(s) under the Water Environment (Controlled Activities)(Scotland)
Regulations 2011 for the drainage infrastructure associated with this project to the
Council as Planning Authority and the Planning Authority has confirmed receipt of
the documentation in writing. 
Reason - To ensure appropriate drainage arrangements are installed and retained
to remove phosphorus from the Loch Leven Catchment Area thereby ensuring
compliance with Policy 46 A & B: Loch Leven Catchment Area of the Perth and
Kinross Local Development Plan 2 (2019) and Enterprise and Infrastructure
Committee Resolution of 28 August 2013. 
5. Prior to the commencement of the development hereby approved, a detailed
landscaping and planting scheme for the site shall be submitted for the written
agreement of the Council as Planning Authority.  The scheme shall include details
of the height and slopes of any mounding or recontouring of the site, full details of
all hard landscaping proposals including materials and installation methods and,
species, height, size and density of trees and shrubs to be planted.  The scheme as
subsequently approved shall be carried out and completed within the first available
planting season (October to March) after the completion or bringing into use of the
development, whichever is the earlier, and the date of Practical Completion of the
landscaping scheme shall be supplied in writing to the Council as Planning Authority
within 7 days of that date.  The scheme as agreed and implemented shall thereafter
be maintained to the satisfaction of the Council as Planning Authority.

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Reason - To ensure a satisfactory standard of development and environmental
quality and to reserve the rights of the Planning Authority. 
6. 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. 
7. 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. 
8. Development shall not commence on site until an evaluation for the potential of the
site to be affected by contamination by a previous use has been undertaken and, as
a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been
submitted for consideration and accepted by the Council as Planning Authority.  If
the preliminary risk assessment identifies the need for further assessment, an
intrusive investigation shall be undertaken to identify; 
I.  the nature, extent and type(s) of contamination on the site 
II.  measures to treat/remove contamination to ensure the site is fit for the use
proposed 
III.  measures to deal with contamination during construction works 
IV.  condition of the site on completion of decontamination measures. 
9. Prior to the completion or bringing into use of any part of the development the
measures to decontaminate the site shall be fully implemented in accordance with
the scheme subsequently agreed by the Council as Planning Authority.  Verification
that the scheme has been fully implemented must also be submitted to the Council
as Planning Authority. 
Reason - In order to deal with any potential contamination of the site as a result of
its former use. 
10. Prior to the commencement of the development hereby approved, a statement
which demonstrates 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 shall be submitted to and approved in
writing by the Council as Planning Authority.  The approved statement shall
thereafter be implemented in full.

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Reason - In order to comply with Policy 32 of the adopted Perth and Kinross Local
Development Plan 2 (2019). 
11. 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. 
B JUSTIFICATION 
The proposal is in accordance with the Development Plan and there are no material
reasons which justify departing from the Development Plan.  
C 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. No work shall be commenced until an application for building warrant has been
submitted and approved. 
4. 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 proposed drainage strategy and
proposed site plan to include vehicular access to the septic tank. 
5. The applicant should ensure that any existing wayleaves for maintenance or repair
to existing private water supply or septic drainage infrastructure in the development
area are honoured throughout and after completion of the development. 
6. The asserted right of way no. 47/11 that runs from Balgedie Toll to Dryside Road
must not be obstructed during building works or on completion of the development.   
7. 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.

Page 17

8. The applicant should take account of Planning for Nature Guidance available on the
Council's website at https://www.pkc.gov.uk/ldp2biodiversity when finalising
landscaping proposals for the site 
9. The presence of protected species, and the extent to which they could be affected
by the proposed development, should be established before works commence. 
Should protected species be identified within the site the developer should ensure
that all appropriate measures required to comply with the relevant legislation are
carried out. 
10. 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. 
11. 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. 
Background Papers: 25 letters of representation
Date: 30 June 2023 
DAVID LITTLEJOHN
HEAD OF PLANNING & DEVELOPMENT