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Minute of meeting of 6 September 2023

Perth and Kinross Council · 11 October 2023
Back to Planning and Placemaking Committee — 11 October 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 6 September 2023 at
9:30am. 
Present: Councillors I Massie and G Stewart, Bailie C McLaren and Councillors
H Anderson, B Brawn, K Harvey, D Illingworth, I James, B Leishman, I MacPherson
(Substituting for Bailie M Williamson), C Reid and R Watters. 
In Attendance: A Deans, S Panton, L Reid, K Smith and P Williamson (all
Communities); C Elliott, J Guild, R Ramsay and M Pasternak (all Corporate and
Democratic Services). 
Apologies: Bailie M Williamson and Councillor D Cuthbert. 
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 
No Declarations of Interest were made in terms of the Councillors Code of
Conduct. 
3. MINUTES 
The minute of meeting of the Planning and Placemaking Committee of
9 August 2023, be approved. 
4.  DEPUTATIONS 
Convener advised of no deputations in relation to the items of business on the
agenda, however, the applicant for Item 5(2)(i) was available to answer Members’
questions. 
In terms of Standing Order 19.9, Councillor Liz Barrett requested to address
the Committee in relation to Item 5(1)(i) as it affects her ward area.  Convener gave
his consent to this request. 
5. APPLICATIONS FOR DETERMINATION 
(1) Major Application 
(i) 20/00667/IPM – Mixed use development comprising
residential, business (class 4), general industry (class 5),
storage and distribution (class 6), shops (class 1), financial,

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professional and other services (class 2), food and drink
(class 3), hotels (class 7), non-residential institutions (class
10), bus depot, car parking, Perth Innovation Highway,
hydrogen fuelling/charging centre, formation of road
junction, underpass and road network, road alterations,
footways, cycleways, greenspace, landscaping, and
associated works (in principle), Perth West (MU70), Old
Gallows Road, Perth – Report No. 23/239 – The John Dewar
Lamberkin Trust 
Councillor L Barrett addressed the Committee and answered
Member’s questions. 
Resolved:
Grant, subject to the following terms, conditions and
informatives: 
General AMSC
1. The Permission hereby approved shall be limited to:
(a) residential development of a maximum of 1,500
dwellings;
(b) commercial development of 26 hectares comprising:
business (class 4); general industry (class 5);
storage and distribution (class 6); shops (class 1);
financial; professional and other services (class 2);
food and drink (class 3); hotels (class 7); and non-
residential institutions (class 10); and
(c) Infrastructure development comprising: bus depot;
car parking; Perth Innovation Highway; hydrogen
fuelling/charging centre; formation of road junction;
underpass and road network; road alterations;
footways; cycleways; greenspace; landscaping; and
associated works. 
No works in connection with the development hereby
approved shall take place until full details of the siting,
design, external appearance and landscaping of the
development and the means of access serving the
development (hereinafter referred to as the ‘matters
specified by condition’) have been submitted to and
approved in writing by the Planning Authority. The
specified matters are:
(i) a detailed updated phasing and delivery plan
(incorporating commercial, residential, transport
infrastructure, drainage infrastructure and open
space) which shall specify that commercial uses
are delivered in the first zones within Phase 1 and
for the delivery of Phases 1-3 to accord with the
Transport Assessment (Ref: 20/00667/15);
(ii) a detailed levels survey (existing and proposed)
and cross sections showing proposed finished

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ground and floor levels of all buildings forming part
of each development phase, relative to existing
ground levels and a fixed datum point. 
(iii) the siting, design, height, and external materials of
all buildings or structures;
(iv) the details of all access, car parking, public
transport facilities, footpaths/cycleways, the road
layout, design, and specification (including the
disposal of surface water) and related structures
throughout the development;
(v) details of any screen walls/fencing including any
retaining walls to be provided.
(vi) for each building, specifying measures to
maximise environmental sustainability through
design, orientation and planting or any other
means. These measures shall include a scheme
that demonstrates how current carbon emissions
reduction set by the Scottish Buildings Standards
will be met through the installation and operation of
low and zero-carbon technologies, specifying what
these technology types are, their location and
ongoing operation and maintenance; 
(vii) details of any landscaping, structure planting,
boundary treatments and screening associated
with the development;
(viii) full details of the proposed means of disposal of
foul and surface water from the development;
(ix) noise impact assessment
(x) lighting details;
(xi) bin storage, collection location, recycling facilities
provision and access;
(xii) biodiversity action plan 
(xiii) a green travel plan including provision of electric
vehicle (EV) charging points;
(xiv) archaeological working scheme of investigation;
(xv) updated Transport Assessment;
(xvi) updated Flood Risk Assessment
(xvii) updated Drainage Impact Assessment including
SUDs Design Principles
(xviii) updated Battlefield Conservation Plan.
(xix) updated landscape and visual impact assessment. 
Reason: This is a Planning Permission in Principle under
Section 59 of the Town and Country Planning (Scotland)
Act 1997 (as amended).
2. The submitted Masterplan (Ref: 20/00667/15) and
Development Parameters Plan and Schedule of Uses
and Floorspace (Ref: 20/00667/5) are purely indicative
only and are not approved.
Reason: The application is for planning permission in
principle only at this stage.

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Roads
3. As part of any application for the Approval of Matters
Specified by Condition (AMSC) under Condition 1(iv), all
matters shall be in accordance with the standards
required by the Council as Roads Authority (as detailed in
the National Roads Development Guide) and to the
satisfaction of the Planning Authority.
Reason: In the interests of road safety.
4. The development of the application site shall be reviewed
by 2035 or when there have been 1,001 housing units or
20 hectares of employment land developed, whichever
comes first, to reassess the impact on the road network
and the amount of modal shift.  The applicant shall refer
to LDP2 Main Issue Report or page 52/189 of the Perth
West: Transport Assessment Ref: 
GB01T20A18.2PROJ.10964013 (SYSTRA, 22/05/20) for
details of the “Pause and Review”.  No development shall
take place until the review has been undertaken,
submitted, and agreed in writing by the Council as
Planning Authority.
Reason: In the interests of road safety.
5. As part of the first Approval of Matters Specified by
Condition (AMSC) application, details of the proposed
multi-storey car park shall be submitted for the approval
of the Council as Planning Authority. 
For the avoidance of doubt the multi-storey car park must
occur before the implementation of any parking
restrictions on Lamberkine Drive or Tweed Place and
continue to be available for the vehicles displaced as
result of the restrictions.  The number of parking spaces
to be made available for displaced vehicles shall be
agreed with the Council as Planning Authority before the
first AMSC application.
Reason: In the interests of road safety.
6. As part of any Approval of Matters Specified by Condition
(AMSC) application, all external lighting and streetlighting
details submitted under Conditions 1 (iv) and/or (x) shall
be designed to 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 the interests of minimising light pollution,
protecting amenity and road safety.
7. As part of the first Approval of Matters Specified by
Condition (AMSC) application, a detailed design for the
signalisation identified for the A93/Lamberkine Drive shall
be provided and including the upgrade of the zebra
crossing on Lamberkine Drive to a controlled crossing, to

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reduce the impact of queueing from the development.  A
detailed design shall be undertaken, along with a date for
their implementation by the developer, and shall be
agreed in writing by the Council as Planning Authority.
Thereafter the development shall be fully undertaken in
accordance with the approved scheme.
Reason: In the interests of road safety.
8. As part of the first Approval of Matters Specified by
Condition (AMSC) application, a scheme for mitigation
measures for the core path CTYS/112; Cycleway,
Lamberkine Drive & Cedar Drive to Fairhill View &
Glasgow Road at Woodlands, where it crosses
Lamberkine Drive, shall be submitted to and approved in
writing by the Council as Planning Authority. This scheme
shall include a detailed design that facilitates the safe
crossing of pedestrians and cyclists and must also
specify a date for its implementation by the developer.
The scheme as approved shall be implemented prior to
the occupation of the 100th dwellinghouse. 
Reason: In the interests of road safety.
9. As part of any application for the Approval of Matters
Specified by Condition (AMSC), the phasing of the project
as part of any approval under Condition 1(i) of this
permission, will be such that the upgraded A9(T)
Tibbermore grade-separated junction shall be operational
by the completion of the 1,001st housing unit on the site.
Reason: In the interests of road safety.
10. No development shall commence until appropriate
mitigation measures have been agreed to address the
impact of the development at the Broxden Roundabout
on the A9 trunk road. The nature of the mitigation shall
either be physical improvements to this junction in the
form of traffic signals and widening of approaches, or a
financial contribution in lieu of the said physical works.
The details of the physical works or the level of financial
contribution required shall be agreed in writing with the
Planning Authority, in consultation with Transport
Scotland.
Reason: To mitigate the adverse impact of the
development on the safe and efficient operation of the
trunk road network.
11. Prior to the commencement of any works on site, a
scheme for the delivery of the proposed Broxden
Underpass shall be submitted to and approved in writing
by the Planning Authority, in conjunction with Transport
Scotland. Thereafter, the approved details shall be
implemented in accordance with the approved
timescales.
Reason: To mitigate the impact of the development on
the safe and efficient operation of the trunk road.

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12. Prior to the commencement of any works on site, a
scheme for the delivery of a signal controlled A93 /
Lamberkine Drive junction shall be submitted to and
approved in writing by the Planning Authority in
conjunction with Transport Scotland. Thereafter, the
approved details shall be implemented in accordance
with the approved timescales.
Reason: To mitigate the impact of the development on the
safe and efficient operation of the trunk road.
13. Prior to the commencement of any works on Phase 3 of
the development, a scheme for the delivery of the
proposed Tibbermore grade-separated junction shall be
submitted to and approved in writing by the Planning
Authority in conjunction with Transport Scotland.
Thereafter, the approved details shall be implemented in
accordance with the approved timescales.
Reason: To mitigate the impact of the development on
the safe and efficient operation of the trunk road.
14. Prior to the commencement of any works on Phase 3 of
the development, a scheme for the delivery of the
proposed Tibbermore Link Road shall be submitted to
and approved in writing by the Planning Authority in
conjunction with Transport Scotland. Thereafter, the
approved details shall be implemented in accordance
with the approved timescales.
Reason: To mitigate the impact of the development on
the safe and efficient operation of the trunk road.
15. Prior to the commencement of any works on site, a
scheme for the delivery of the proposed temporary
emergency access from the A9 at East Lamberkine Farm
shall be submitted to and approved in writing by the
Planning Authority in conjunction with Transport Scotland.
Thereafter, the approved details shall be implemented in
accordance with the approved timescales. The temporary
access shall be closed once the A9 Tibbermore grade-
separated junction becomes operational.
Reason: To mitigate the impact of the development on
the safe and efficient operation of the trunk road.
16. Prior to the commencement of any works on site, a
Construction Traffic Management Plan (CTMP) for each
phase of the development, covering the construction of
that phase, shall be submitted for prior approval of the
Planning Authority, after consultation with Transport
Scotland as the Trunk Road Authority.
Reason: To minimise interference with the safety and free
flow of the traffic on the trunk road; to ensure the safety of
pedestrians and cyclists using the trunk road and
adjacent facilities; and to be consistent with current
guidance and best practice.

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17. 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 (CTMS) 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;
(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) the provision and installation of traffic counters at
the applicant's expense locations to be agreed
prior to the commencement of construction;
(n) monitoring, reporting and implementation
arrangements;
(o) arrangements for dealing with non-compliance;
and
(p) details of HGV movements to and from the site.
The CTMS as approved shall be strictly adhered to during
the entire site construction programme.
Reason: In the interests of road safety.

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18. All vehicles transporting construction material to and from
the proposed development shall be sheeted. 
Reason: To ensure that material from the site is not
deposited on the trunk road to the detriment of road
safety.
19. Prior to the commencement of any works on site, vehicle
wheel cleaning facilities shall be installed and brought
into operation on the site, the design and siting of which
shall be subject to the prior approval of the Planning
Authority, after consultation with Transport Scotland as
the Trunk Road Authority. 
Reason: To ensure that material from the site is not
deposited on the trunk road to the detriment of road
safety.
20. Prior to the occupation of any part of the phased
development, a comprehensive Residential Travel Plan
that sets out proposals for reducing dependency on the
private car shall be submitted and approved in writing by
the Planning Authority, after consultation with Transport
Scotland as the Trunk Road Authority. The Travel Plan
shall identify measures to be implemented, the system of
management, monitoring, review, reporting and the
duration of the plan. 
Reason: To be consistent with the requirements of PAN
75 Planning for Transport.
21. Prior to the occupation of any part of the phased
development, a comprehensive Commercial Travel Plan
that sets out proposals for reducing dependency on the
private car shall be submitted to and approved in writing
by the Planning Authority, after consultation with
Transport Scotland as the Trunk Roads Authority. The
Travel Plan shall identify measures to be implemented,
the system of management, monitoring, review, reporting
and the duration of the plan.
Reason: To be consistent with the requirements of PAN
75 Planning for Transport.
22. Development shall not commence until a detailed Green
Travel Plan (GTP), aimed at encouraging more
sustainable means of travel, as required under Condition
1 (xiii), has been submitted to and agreed in writing by
the Council as Planning Authority. A strategy shall be
included in the GTP for monitoring, reporting, and
updating the plan as necessary. The GTP will have
particular regard to provision for:
(a) walking and cycling; 
(b) public transport access to and within the site; 
(c) provision of electric vehicle (EV) charging points
within all residential, commercial and community use
development parcels;

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(d) identify measures to be provided (including the
provision of new and/or enhanced public transport
services);
(e) any phasing, the system of management,
monitoring, review, reporting and the duration of the
Plan. 
The GTP as agreed shall be fully implemented by the
applicant. 
Reason: In the interests of sustainable transport.
23. Prior to the commencement of any phased development,
a Development Phasing Strategy shall be submitted to
and agreed in writing with the Planning Authority, after
consultation with Transport Scotland as the Trunk Road
Authority, that establishes what level of development
mitigation interventions will be required.
Reason: To minimise any interference with the safety and
free flow of traffic on the trunk road network.
24. Prior to the commencement of any phased development,
a Public Transport Strategy shall be submitted to and
agreed in writing with the Planning Authority, after
consultation with Transport Scotland as the Trunk Road
Authority, that considers the various public transport
improvements cited in the Transport Assessment.
Reason: To ensure that the development is adequately
served by public transport services; and to minimise any
interference with the safety and free flow of traffic on the
trunk road network.
25. A barrier of a type approved by the Planning Authority,
after consultation with Transport Scotland as the Trunk
Road Authority, shall be provided and maintained by the
developer or subsequent owner of the land along the
boundary of the site with the trunk road.
Reason: To minimise interference with the safety and free
flow of the traffic on the trunk road; and to minimise the
risk of pedestrians and animals gaining uncontrolled
access to the trunk road with the consequential risk of
accidents.
26. Prior to the commencement of any works on site, details
of the lighting within the site shall be submitted for the
approval of the Planning Authority, after consultation with
Transport Scotland as the Trunk Road Authority.
Reason: To ensure that there will be no distraction or
dazzle to drivers on the trunk road and that the safety of
the traffic on the trunk road will not be diminished.
27. There shall be no drainage connections to the trunk road
drainage system.
Reason: To ensure that the efficiency of the existing
drainage network is not aaffected.

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28. The proposed development shall be limited to the scale
assessed within the Transport Assessment (Ref:
20/00667/15).
Reason: To ensure that the scale of development does
not exceed that assessed by the supporting Transport
Assessment and to ensure that the scale of development
is commensurate with the infrastructure required to
support the development.
Residential Amenity
29. 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
the Scottish Government).
Reason: To ensure a satisfactory standard of local
environmental quality.
30. As part of any Approval of Matters Specified by Condition
(AMSC) application, a detailed Construction
Environmental Management Plan (CEMP) detailing
environmental mitigation measures and construction
method statements, including specific measures for
environmental monitoring during construction, shall be
submitted for the written agreement of the Council as
Planning Authority in consultation with NatureScot,
Scottish Environment Protection Agency (SEPA) and
Environmental Health.  Such details shall be submitted
not less than two months prior to the agreed scheduled
commencement date and shall incorporate detailed
pollution avoidance and mitigation measures for all
construction elements.  The CEMP shall include noise &
vibration and dust assessments; to assess the impacts
from construction operations. The CEMP shall also
include procedures, limit values and mitigation measures
to control noise and vibration and a detailed quantitative
dust assessment shall be undertaken. Thereafter the
development shall be fully undertaken in accordance with
the agreed CEMP. 
Reason: In the interest of proper site management and to
protect the amenity of the area.
31. Prior to the commencement of the development hereby
approved, an independent and suitably qualified
Ecological Clerk of Works (ECoW) shall be appointed at
the developers' expense. Details of this appointment shall
be subject to the prior written agreement of the Council
as Planning Authority. The appointed person will remain
in post for the duration and subsequent restoration of the
proposed development. The ECoW shall have
responsibility for the following:

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• Implementation of the Construction Environmental
Management Plan (CEMP) approved by this
permission. 
• Implementation of the Aftercare Monitoring Plan
(AMP) required by this permission.
• Authority to stop operations or to alter construction
methods should there be any works occurring which
are having an adverse impact on the natural heritage. 
• Prior to the commencement of development, they
shall provide an environmental / ecological toolbox
talk for construction staff. 
• They will have authority to amend working practices in
the interests of natural heritage. Any amendments
shall be submitted to the Council as Planning
Authority as an addendum to the approved CEMP. 
• They shall make weekly visits to the development site
at a time of their choosing. No notification of this visit
is required to be given to the developer or contractor. 
• Within 10 working days of the end of each calendar
month, they are required to submit a detailed monthly
report for the review of the Planning Authority in
consultation with Scottish Environment Protection
Agency (SEPA) for the duration of development. 
• They shall notify the Council as Planning Authority in
writing of any requirement to halt development in
relation to this condition as soon as reasonably
practicable. 
The above shall be implemented throughout the
construction, re-instatement and de-commissioning of the
development hereby approved unless otherwise agreed
in writing with the Council as Planning Authority.  The
CEMP shall contain a site-specific Construction Method
Statement (CMS) which will provide concise details for
the implementation of the CEMP for site operatives.
Reason: In the interest of proper site management and to
protect the amenity of the area.
32. As part of any Approval of Matters Specified by Condition
(AMSC) application, a detailed Air Quality Assessment
(AQA) must be prepared by a suitable qualified party and
shall be submitted for the approval of the Council as
Planning Authority. Thereafter the agreed plan will be
undertaken in full to the satisfaction of the Council as
Planning Authority.
Reason: To ensure a satisfactory standard of local
environmental quality.
33. As part of any Approval of Matters Specified by Condition
(AMSC) application, a detailed Noise Impact Assessment
(NIA) must be prepared by a suitable qualified party and
shall be submitted for the approval of the Council as
Planning Authority. Thereafter the agreed plan will be

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undertaken in full to the satisfaction of the Council as
Planning Authority.
Reason: To ensure a satisfactory standard of local
environmental quality.
34. As part of any Approval of Matters Specified by Condition
(AMSC) application, 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: 
(a) the nature, extent, and type(s) of contamination on
the site 
(b) measures to treat/remove contamination to ensure
the site is fit for the use proposed 
(c) measures to deal with contamination during
construction works 
(d) condition of the site on completion of
decontamination measures. 
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.
Cultural Heritage
35. As part of any Approval of Matters Specified by Condition
(AMSC) application sought under Condition 1 a detailed
report setting out protection of key heritage assets and
their settings shall be submitted to and approved by the
Planning Authority in consultation with Perth and Kinross
Heritage Trust (PKHT). Thereafter the agreed actions will
be undertaken in full, to the satisfaction of the Council as
Planning Authority. 
Reason: the protection of key heritage assets. 
36. No development shall take place within the development
site until the developer has secured the implementation of
a programme of archaeological works in accordance with
a Written Scheme of Investigation which has been
submitted by the applicant, agreed by Perth and Kinross
Heritage Trust, and approved by the Planning Authority. 
Thereafter the developer shall ensure that the
programme of archaeological works is fully implemented
and that all recording and recovery of archaeological
resources within the development site is undertaken to

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the satisfaction of the Planning Authority in agreement
with Perth and Kinross Heritage Trust
Reason: To safeguard archaeology in the area.
37. As part of any Approval of Matters Specified by Condition
(AMSC) application, a scheme detailing the provision and
timing of protective fencing shall be submitted to the
Council for approval as Planning Authority, in consultation
with Perth and Kinross Heritage Trust. Once approved,
the fencing shall be erected around the historic battlefield
area in a manner as approved and retained in
accordance with the approved scheme.  No works shall
take place within the area inside that fencing without prior
written agreement of the Council as Planning Authority in
consultation with Perth and Kinross Heritage Trust.
Reason: To ensure the preservation of the historic
environment.
38. As part of any Approval of Matters Specified by Condition
(AMSC) application sought under Condition 1 an Updated
Battlefield Conservation Plan (BCP) shall be submitted
for the approval of the Council as Planning
Authority. Thereafter the agreed plan will be undertaken
in full to the satisfaction of the Council as Planning
Authority.
Reason: To ensure the preservation and enhancement of
the historic environment.
Landscape
39. As part of any application for the Approval of Matters
Specified by Condition (AMSC) sought under Condition 1,
a detailed landscaping and planting scheme for each
phase shall be submitted for the approval 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. 
Reason: To ensure a satisfactory standard of local
environmental quality.
40. Prior to the occupation of the development or any phase
of the development, whichever is the sooner, a landscape
management plan, including long term design objectives,

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management responsibilities and maintenance schedules
for all landscape areas (other than small privately-owned
domestic gardens) shall be submitted to and agreed in
writing by the Council as Planning Authority, for its
approved use. The landscape management plan as
agreed shall, where appropriate, include phased
implementation concurrent with the development and
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.
41. As part of any Approval of Matters Specified by Condition
(AMSC) application, a 1:200 site plan, which identifies the
Construction Exclusion Zone (CEZ), shall be submitted
for the written agreement of the Council as Planning
Authority.  This plan shall ensure all fencing adheres to
BS 5837 2012: Trees in Relation to Design, Demolition
and Construction are provided to demarcate the CEZ and
protect trees.  The CEZ as subsequently agreed shall be
strictly adhered to during construction of the
development. 
Reason: To ensure a satisfactory standard of
development and environmental quality and to reserve
the rights of the Planning Authority.
42. As part of any Approval of Matters Specified by Condition
(AMSC) application, a Tree Protection Plan for all trees
on site (other than those marked for felling) and those
which have Root Protection Areas which fall within the
site shall be submitted for the written agreement of the
Council as Planning Authority shall be retained and
protected. Protection methods shall be strictly in
accordance with BS 5837 2012: Trees in Relation to
Design, Demolition and Construction.  The Tree
Protection Plan as subsequently agreed shall be strictly
adhered to during construction of the development. 
Reason: To ensure a satisfactory standard of
development and environmental quality and to reserve
the rights of the Planning Authority.
43. As part of any Approval of Matters Specified by Condition
(AMSC) application, details of the proposed boundary
treatments for the site shall be submitted for the written
agreement of 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: To ensure a satisfactory standard of
development and environmental quality and to reserve
the rights of the Planning Authority.

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44. The asserted right of way/core paths METH/121,
METH/13, METH/131 and CTYS/112 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.
45. As part of any Approval of Matters Specified by Condition
(AMSC) application, a management plan indicating any
temporary diversions and signage needed to facilitate the
development and/or any works proposed to the right of
way/core path as part of the development shall be
submitted for the agreement of the Council as Planning
Authority.  The plan as agreed shall be implemented in
accordance with the timings identified in the plan. 
Reason: To ensure that public access is maintained at all
reasonable times, to the local path network.
Biodiversity
46. As part of any Approval of Matters Specified by Condition
(AMSC) application, a Biodiversity Action Plan shall be
submitted to and approved in writing by the Council as
Planning Authority. Any action or mitigation incorporated
within the approved Biodiversity Action Plan shall be
implemented in accordance with the approved plan. 
Reason: To ensure a satisfactory standard of local
environmental quality; to safeguard the welfare of any
protected wildlife.
47. As part of any Approval of Matters Specified by Condition
(AMSC) application, an updated Ecological Assessment
including breeding birds, protected species and deer shall
be submitted to and approved in writing by the Councils
as Planning Authority. The conclusions and
recommended action points shall be fully adhered to,
respected, and undertaken as part of the construction
phase of development.
Reason: To ensure a satisfactory standard of local
environmental quality; to safeguard the welfare of any
protected wildlife.
48. Measures to protect animals from being trapped in open
excavations and/or pipe and culverts shall be
implemented for the duration of the construction works of
the development hereby approved. The measures may
include creation of sloping escape ramps for animals,
which may be achieved by edge profiling of
trenches/excavations or by using planks placed into them
at the end of each working day and open pipework
greater than 150 mm outside diameter being blanked off
at the end of each working day.

Page 16

Reason: To ensure a satisfactory standard of local
environmental quality; to safeguard the welfare of any
protected wildlife.
49. As part of any Approval of Matters Specified by Condition
(AMSC) application, details of the location and
specification of the swift brick(s) or swift nest box(s) shall
be submitted for the written agreement of the Council as
Planning Authority. Thereafter, the swift brick(s) or swift
nest box(s) shall be installed in accordance with the
agreed details prior to the occupation of the relevant
residential unit.
Reason: In the interests of protecting environmental
quality and of biodiversity.
50. As part of any Approval of Matters Specified by Condition
(AMSC) application, details of the location and
specification of the bat brick(s) or bat nest box(s) shall be
submitted and approved in writing by the Council as
Planning Authority. Thereafter, the bat brick(s) or bat nest
box(s) shall be installed in accordance with the agreed
details prior to the occupation of the relevant residential
unit.
Reason: In the interests of protecting environmental
quality and of biodiversity.
Flood Risk and Drainage
51. As part of any Approval of Matters Specified by Condition
(AMSC) application, an Updated Flood Risk Assessment,
shall be submitted for approval of the Council as Planning
Authority, in consultation with SEPA where necessary. 
Thereafter the development shall be fully undertaken in
accordance with the agreed Flood Risk Assessment. 
Reason: To reduce flood risk.
52. As part of any Approval of Matters Specified by Condition
(AMSC) application, an updated Drainage Strategy
including detailed sustainable urban drainage system
(SUDS) shall been submitted for approval of the Council
as Planning Authority, in consultation with SEPA where
necessary.  The strategy and 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
operational prior to the bringing into use of the
development. 
Reason: To ensure the provision of provide effective
drainage for the site.
53. Concurrent with the initiation of the development hereby
approved and for the duration of construction, a
temporary surface water treatment facility shall be
implemented on site and maintained for the duration of

Page 17

the approved development works.  The temporary
surface water treatment facility shall remain in place until
the permanent surface water drainage scheme is
implemented unless otherwise agreed in writing by the
Council as Planning Authority. 
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.
54. As part of any Approval of Matters Specified by Condition
(AMSC) application, following consultation with SEPA
and NatureScot a detailed Blue/Green Infrastructure
Scheme, shall be submitted for approval of the Council as
Planning Authority.  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 provide effective
drainage for the site in line with Councils policies on good
placemaking.
Heat and Energy
55. As part of any application for the Approval of Matters
Specified by Condition (AMSC), an updated, detailed
Energy Statement supporting a zero-carbon development
shall be submitted for the written agreement of the
Council as Planning Authority. The statement must
include timescales for the provision of zero carbon
developments within the site. The agreed energy
measures and zero-carbon initiatives shall thereafter be
implemented in accordance with the agreed details and
timescales. 
Reason: To reduce reliance on fossil fuels and to deliver
a zero-carbon development at Perth West.
Waste
56. Prior to the commencement of works on site, detailed
drawings showing waste and recycling facility enclosures
or waste and recycling facility storage areas and
associated locations for bin presentation shall be
submitted for the written agreement of the Council as
Planning Authority.  None of the commercial or residential
units shall be occupied until the agreed scheme has been
provided in full. 
Reason: In order to ensure adequate servicing facilities
are provided.
General
57. The development to which this permission in principle
relates shall be begun no later than the expiration of ten
years beginning with the date of grant of this permission.

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Reason: This is an application in principle for which, in view
of the scale of the proposed development, this extended
period is appropriate. 
Justification
The proposal is considered to comply with National Planning
Framework 4 and there are material considerations that result in
departure from the approved Perth & Kinross Local
Development Plan 2 (2019). 
Planning Obligations and Legal Agreements
Following the recommendation of approval at the Planning &
Development Management Committee on 1 June 2021, a
Section 75 Legal Agreement has been in preparation, and is
now nearing completion. The Section 75 will need to be
completed and registered before the decision notice can be
issued. 
Informatives
1. 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.  Please send the
required information to us at
developmentmanagement@pkc.gov.uk.  Please be
aware that the Council has two months to consider the
information (or four months in the case of a Major
planning permission).  You should therefore submit the
required information more than two months (or four
months) before your permission expires.  We cannot
guarantee that submissions made within two months (or
four months) of the expiry date of your permission will be
able to be dealt with before your permission lapses.
2. The developer is advised to contact Sophie Nicol, Historic
Environment Manager (Tel: 01738 477027) Perth and
Kinross Heritage Trust, to discuss terms of reference for
work required.
3. 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.
4. The applicant should be advised that in terms of Section
21 of the Roads (Scotland) Act 1984 they must obtain
from the Council as Roads Authority consent to construct

Page 19

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. 
5. The applicant should be advised that in terms of Section
56 of the Roads (Scotland) Act 1984 he must obtain from
the Council as Roads Authority consent to open an
existing road or footway prior to the commencement of
works. 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.
6. The applicant is advised to refer to Perth & Kinross
Council’s Supplementary guidance on Flood Risk and
Flood Risk Assessments 2014 as it contains advice
relevant to your development.
7. For information, foul flows only will be allowed to
discharge to the public system.  The Developer should
arrange to dispose of surface water privately, to the
satisfaction of the statutory Drainage Authority.
8. The applicant should take note of the information and
advice contained within the consultation response from
Scottish Water.
9. The applicant is advised that the granting of planning
permission does not guarantee a connection to Scottish
Water’s assets. The applicant must make a separate
application to Scottish Water Planning & Development
Services team for consent to connect to the public
wastewater system and/or water network and all their
requirements must be fully adhered to.
10. The granting of planning permission does not stop the
continued right of public access along the existing core
paths METH/121, METH/13, METH/131 and CTYS/112.
An order under the Town and Country Planning
(Scotland) Act 1997, Section 208 or an amendment of the
Core Path Plan under the Land Reform (Scotland) Act
2003 should be sought in advance of any works
authorised by this planning permission being
commenced. All relevant approvals should be in place
prior to any stopping up and diversion of the core path
taking place.
11. There is a Section 75 legal obligation associated with this
planning permission, which relates to affordable housing
provision (25%); primary education (provision of a new
primary school); and transport infrastructure including
public transport, open space, play areas, sports pitch
provision, health care provision, maintenance and core
path connections, and establishment of Project Design
Team for any detailed applications.  A copy is available to
view on the Council’s Public Access portal.

Page 20

Environmental Impact Assessment (EIA) Decision
1. The proposed development was determined by Perth &
Kinross Council under the provisions of the Town and
Country Planning (Environmental Impact Assessment)
(Scotland) Regulations 2017 to be EIA development. In
accordance with Regulation 29, notice of this decision is
hereby given in respect of the following:
2. The application submitted an EIA Report dated May
2020. The public had opportunity to participate in the
decision-making process through notification of the EIA
Report was undertaken for premises on neighbouring
land and it was publicised on the Planning Authority’s
website, in the Edinburgh Gazette and the Perthshire
Advertiser. The EIA Report was also available for public
inspection online. 
3. The EIA Report provides a summary of the baseline, the
information gathered to consider the likely significant
effects on the environment and details of environmental
mitigation and monitoring that are to be incorporated into
the proposal. The significant effects on the environment
were identified to be:
• Air Quality 
• Noise Pollution
• Ecology
• Traffic and Transport
• Flood Risk and Drainage
• Tippermuir Historic Battlefield Site
• Archaeology
• Blue/Green Infrastructure 
• Landscape and Visual Impact
4. The Planning Authority is satisfied that the EIA Report is
up-to-date and complies with Regulation 5 and is
therefore suitable for determination of the planning
application. 
5. The Planning Authority has considered the EIA Report,
other environmental information, and recommendation
from the consultation’s bodies. It is concluded that the
development will not give rise to any unacceptable
significant environmental effects. In reaching this
conclusion, regard has been given to environmental
design and mitigation measures incorporated into the
proposal, as well as a regime for the ongoing monitoring
measures for the construction and operation of the
development. These mitigation and monitoring measures
include the provision of the following: 
• Woodland Planting and Landscaping 
• Assessment of visual impact on wider are

Page 21

• Construction and Environment Management Plan
(CEMP)
• Ecological Clerk of Works (ECoW)
• Construction Traffic Management Scheme (CTMS)
• Green Travel Plan
• Blue/Green Infrastructure
• Air Quality Assessment
• Noise Impact Assessment
• Habitat Assessment including Breeding Birds and
Protected Species 
• Landscape and Visual Impact Assessment
6. In the absence of unacceptable and significant
environmental impacts, and subject to the mitigation and
monitoring measures secured through planning
conditions 1, 4, 6, 8, 9, 16, 17, 20, 21, 22, 26, 29, 30, 31,
32, 33, 34, 35, 36, 38, 39, 40, 46, 47, 51, 52, 54 and 55
as set out herein, the proposal is acceptable and can be
approved. 
(2) Local Application 
(i) Extension to warehouse/offices to form additional office
space (class 2), product development/food preparation
areas with associated storage and distribution (class 6),
House of Bruar, Pitagowan, Blair Atholl, Pitlochry, PH18
5TW – Report No. 23/240 – House of Bruar 
Mr Patrick Birkbeck, applicant, attended the Committee and
answered Members’ questions. 
Resolved: 
Grant, subject to the following terms, conditions and
informatives: 
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. 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

Page 22

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. 
4. 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.
Reason – In order to protect existing residential amenity.
5. 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 protect existing residential amenity.
6. Prior to the commencement of the development hereby
approved, precise details of the means of surface water
disposal shall be submitted to and approved in writing by
the Council as Planning Authority. The approved details
shall thereafter be implemented in full.
Reason – In order to ensure the site is adequately
drained.
7. The footpath path leading from Pitagowan to the Falls of
Bruar must not be obstructed during the construction
phase, or on completion of the development.
Reason – In the interest of proper site management and
to ensure existing public access continues. 
8. The Construction Exclusion Zone (CEZ) as shown on
approved Plan 11 shall be adhered too in full, and all
fencing shall be BS 5837 2012: Trees in Relation to
Design, Demolition and Construction.  The CEZ shall be
strictly adhered to during the entire duration of the
construction phase of the development.
Reason – In order to ensure that existing trees are
suitability protected during the construction phase. 
9. Prior to the commencement of the development hereby
approved, 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 entire duration of the construction phase of the
development.

Page 23

Reason – In order to ensure that existing trees are
suitability protected during the construction phase.
10. Within 6 months of the completion of the development
hereby approved, the replanting and landscaping scheme
approved as Plan No 12, shall be implemented in full. 
Any planting failing within 5 years shall be replaced within
the next available planting season. 
11. The conclusions and recommended action points within
the supporting ecology survey submitted and hereby
approved as Plan 10 shall be fully adhered to, respected
and undertaken during the entire duration of the
construction phase of the development, and that all
mitigations measures are thereafter implemented. 
Reason – In order to ensure that biodiversity interested
are fully accommodated. 
12. Prior to the commencement of the development hereby
approved precise details of the area for, the means of
enclosures and the capacity for the provision of general
waste, recycling and food waste shall be submitted to and
approved in writing by the Council as Planning Authority.
The approved details shall thereafter be implemented and
be able for use prior to the extension being used. 
Reason – In order to ensure that suitable facilities for
waste and recycling are provided in a suitable location. 
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.
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.

Page 24

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/.