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23/00276/Fll

Perth and Kinross Council · 15 November 2023
Back to Planning and Placemaking Committee — 15 November 2023 and its agenda

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Perth and Kinross Council
Planning and Placemaking Committee – 15 November 2023
Report of Handling by Strategic Lead – Economy, Development and Planning
(Report No. 23/308) 
PROPOSAL: Erection of dwellinghouse, formation of parking and associated
works 
LOCATION: Land 40 Metres North East Of Birchwood Cottage, St Mary's
Road, Birnam 
Ref. No: 23/00276/FLL
Ward No: P5- Strathtay 
Summary 
This report recommends approval of the application as the development is considered
to comply with the relevant provisions of the Development Plan and there are no
material considerations apparent which outweigh the Development Plan. 
BACKGROUND AND DESCRIPTION OF PROPOSAL 
1 The application site is located on the north-west side of St. Mary’s Road within
Birnam Conservation Area. It currently contains three disused holiday lodges
which are in a poor state of repair, and the site is also overgrown. The site is
flanked by several residences to the south and south-west, with a listed
dwellinghouse located further uphill to the north. Erigmore Leisure Park is located
opposite the public road to the east. 
2 The site is within the River Tay National Scenic Area, the Tay SAC Catchment,
and a small part of the site along its north-east boundary is designated as
Ancient Woodland.  
3 The proposal seeks to introduce a contemporary style five-bedroom
dwellinghouse over two levels at the base of the hill. Although the proposal would
involve the removal of three trees, all development would be outwith the Ancient
Woodland designation. 
4 The proposal has attracted more than six objections from members of the public
and is therefore required to be considered at Planning and Placemaking
Committee.

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Pre-Application Consultation 
5 No pre-application advice was sought.  
6 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 
7 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 
8 The National Planning Framework 4 (NPF4) is the Scottish Government’s long-
term spatial strategy with a comprehensive set of national planning policies. This
strategy sets out how to improve peoples lives by making sustainable, liveable
and productive spaces.   
9 NPF4 was adopted on 13 February 2023. NPF4 has an increased status over
previous NPFs and comprises part of the statutory development plan. 
10  The Council’s assessment of this application has considered the following
policies of NPF4: 
• Policy 2: Climate mitigation and adaptation
• Policy 3: Biodiversity 
• Policy 4: Natural places
• Policy 6: Forestry, woodland and trees
• Policy 9: Brownfield, vacant and derelict land and empty buildings
• Policy 13: Sustainable transport
• Policy 14: Design, quality and place
• Policy 16: Quality homes
• Policy 30: Tourism 
Perth and Kinross Local Development Plan 2019 
11 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the
area and states that, “Our vision is of a Perth and Kinross which is dynamic,
attractive and effective which protects its assets whilst welcoming population and
economic growth.” It is the most recent statement of Council policy and is
augmented by Supplementary Guidance. 
12 The principal relevant policies are, in summary:

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• Policy 1A: Placemaking  
• Policy 1B: Placemaking  
• Policy 5: Infrastructure Contributions  
• Policy 17: Residential Areas
• Policy 27A: Listed Buildings
• Policy 28A: Conservation Areas: New Development
• Policy 32: Embedding Low & Zero Carbon Generating Technologies in New
Development
• Policy 38B: Environment and Conservation: National Designations
• Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development
• Policy 41: Biodiversity
• 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 56: Noise Pollution
• Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
Statutory Supplementary Guidance 
• Supplementary Guidance - Developer Contributions & Affordable Housing
(adopted in 2020)
• Supplementary Guidance - Placemaking (adopted in 2020)  
OTHER POLICIES 
Non Statutory Guidance 
• Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC
and the River Tay SAC
• Planning Guidance - Planning & Biodiversity 
• Supplementary Guidance - Renewable & Low Carbon Energy (draft) 
NATIONAL GUIDANCE 
13 The Scottish Government expresses its planning policies and guidance through
The National Planning Framework 4, Planning Advice Notes (PAN), Creating
Places, Designing Streets, National Roads Development Guide and a series of
Circulars.   
Planning Advice Notes 
14 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

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• PAN 61 Planning and Sustainable Urban Drainage Systems
• PAN 68 Design Statements
• PAN 69 Planning and Building standards Advice on Flooding
• PAN 75 Planning for Transport
• PAN 77 Designing Safer Places 
Creating Places 2013 
15 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 
16 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 
17 This document supports Designing Streets and expands on its principles and is
the technical advice that should be followed in designing and approving of all
streets including parking provision. 
Site History 
18 13/02230/FLL Full Planning Permission application was Withdrawn On
11 February 2014 for Erection of dwellinghouse. 
CONSULTATIONS 
19 As part of the planning application process the following bodies were consulted: 
External 
Scottish Water 
20 No objection subject to standard advice. Pre-development enquiry required from
applicant in the event of approval. 
Internal 
Transportation And Development

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21 No objection, subject to a condition and informatives regarding access
construction.
Environmental Health (Noise Odour) 
22 No objection subject to a noise limit condition relating to the proposed air source
heat pump and informative regarding the operation of the proposed stove. 
Biodiversity/Tree Officer 
23 The Biodiversity Officer has requested three planning conditions relating to:
complying the conclusions and recommendations of the biodiversity survey, the
provision of three bird nesting boxes on site, and an updated invasive non-native
species control plan. An informative has been recommended in respect of works
avoiding the bird nesting season. 
24 Verbal discussions have taken place between the planning case officer and the
Trees Enforcement Officer, and a suspensive condition has been requested in
respect of tree protection measures. 
Conservation Team 
25 Advise that the proposal would not have harmful impacts on the Category B
Listed Dunaird House or the Birnam Conservation Area. 
Development Contributions Officer 
26 This proposal is within the catchment of Royal School of Dunkeld Primary
School. Education & Children's Services confirm there are no capacity concerns.  
Representations 
27 9 representations were received. The main issues raised are: 
• Contrary to Development Plan policy
• Disputed Land Ownership
• Inaccurately described as brownfield land
• Impact on nature, trees and biodiversity
• Tree Survey is not detailed enough
• Impact on heritage, including risk of landslips and damage to old road from
Torwood House to St Mary’s Road by virtue of excavation into the
hillside/embankment
• Inappropriate size, scale and design for a conservation area
• Increased risk of flooding due to limited sewage and drainage capacity locally
• Tourism use has not been sufficiently marketed
• Neighbouring amenity concerns, including overlooking of neighbouring
windows and gardens
• Overdevelopment of site

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• Light pollution
• Loss of open space
• Increased congestion and risk to pedestrians along access route  
28 These issues are addressed in the Appraisal section of the report. It should be
noted, however, that disputed land ownership is a civil matter, and in any case
the referenced area is outwith that to be developed. 
ADDITIONAL STATEMENTS
29
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment under Habitats
Regulations
Habitats Regulations
AA Not Required
Design Statement or Design and Access
Statement
Submitted
Report on Impact or Potential Impact e.g.
Flood Risk Assessment
Tree Survey, Bat Survey,
Extended Phase 1 Habitat
Survey, Invasive Species
Management Plan, and
Drainage Solutions Report
submitted. 
APPRAISAL 
30 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 and the Perth and
Kinross Local Development Plan 2019.  The relevant policy considerations are
outlined in the policy section above and are considered in more detail below.  In
terms of other material considerations, this involves considerations of the
Council’s other approved policies and supplementary guidance, as identified
elsewhere in this report. 
31 In this instance, section 14(2) of the Planning (Listed Buildings and Conservation
Areas) (Scotland) Act 1997 places a duty on planning authorities in determining
such an application as this to have special regard to the desirability of preserving
the building or its setting or any features of special architectural or historic
interest which it possesses.  Section 64(1) of the Planning (Listed Buildings and
Conservation Areas) (Scotland) Act 1997 is relevant and requires planning
authorities to pay special attention to the desirability of preserving or enhancing
the character or appearance of the designated conservation area.

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Principle 
32 NPF4 Policy 16: Quality Homes supports the principle of residential development
within settlements where the proposal is otherwise consistent with the plan
spatial strategy and other relevant policies. In this case the site is a short walk
from the centre of Birnam, its amenities and public transport options. 
33 The location is also within the settlement boundary of Birnam and is therefore
subject to assessment under LDP2 Policy 17: Residential Areas. This policy
supports infill residential development and seeks to protect existing residential
areas from inappropriate uses. 
34 NPF4 Policy 9: Brownfield, vacant and derelict land and empty buildings supports
the sustainable reuse of brownfield land including vacant and derelict land and
buildings. The biodiversity value of brownfield land which has naturalised should
however be considered. In this instance, three existing vacant and derelict
holiday lodges sit within the site and the proposed dwellinghouse is proposed in
a similar location. Biodiversity matters are considered below. 
35 Whilst the application site contains a number of trees, it is not designated as
Open Space in LDP2. Notwithstanding this, any development should be
assessed against the relevant trees and biodiversity policies. 
36 NPF4 Policy 30: Tourism has relevance as the proposal, which seeks to replace
three disused holiday lodges. Part (c) requires that the change of use of a
tourism-facility will only be supported where it is demonstrated that the existing
use is no longer viable and that there is no requirement for alternative tourism-
related facilities in the area. In this instance, the holiday lodges have lain idle for
several years and are in a poor condition and sit amidst overgrown vegetation.
Whilst no marketing evidence has been provided, it is clear that the type and age
of the properties would limit their desirability.  The Erigmore Leisure Park is also
located to the east, offering tourist accommodation and facilities. As such, the
proposed removal of the three disused holiday lodges is unlikely to significantly
impact tourism-related facilities locally and is therefore considered acceptable
under NPF4 Policy 30. 
37 Therefore, the principle of constructing a house on this plot within an existing
settlement is accepted against these policies, although subject to detailed
consideration of other relevant Development Plan policies, and matters including
but not limited to design, residential amenity, parking and access, trees and
biodiversity. 
Design and Layout, Visual Amenity 
38 The appearance, orientation, and modern design of the proposed dwellinghouse
is considered acceptable and well-integrated into the site and its setting, by virtue
of its modest height and position at the base of the hill, away from most public
views. This creates an opportunity for a more contemporary design, and the

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proposed use of proposed finishes such as black-painted timber cladding of
various textures, black brick, and sedum green roofs, would enhance this
sensitive response to context, with only three trees proposed to be removed. 
The agreement of the specific external finishing materials can be agreed via
condition (Condition 3). 
39 An existing leylandii hedge along the south-west boundary is proposed to be
replaced with a native hedgerow, in addition to several new trees which will
provide higher quality screening along that boundary. The proposed Landscaping
Plan is also considered to be acceptable and controllable via condition (condition
9). 
40 The proposed layout of the site is also considered acceptable, and whilst the
house would occupy a larger footprint than its closest neighbours, it represents
an appropriate response to the topography and linear nature of the plot without
constituting overdevelopment. 
41 In respect of sustainability, a recommended condition (Condition 6) requires the
provision of information relating to the reduction in carbon emissions and the use
of low and zero carbon technologies as required through NPF4 Policy 2: Climate
mitigation and adaptation and LDP2 Policy 32.   
42 As such, this element of the proposal accords with NPF4 Policies 2: Climate
mitigation and adaptation, 14: Design, quality and place, 16: Quality homes, and
LDP Policies 1A and 1B: Placemaking and 32 Embedding Low & Zero Carbon
Generating Technologies in New Development. 
Residential Amenity 
43 The single storey elements vary between 4.5 and 6.2 metres from the south-west
boundary of the site, thus below the 9 metre distance from built form to boundary.
However, the window placement on these elevations has been carefully
considered to ensure that there would be no harmful overlooking of 4 and 5
Robertson Court. This is achieved through the use of a combination of high and
low level windows facing southwards. In addition the rear (north facing) windows
of Birchwood Cottage do not serve habitable rooms and are obscured by a
variety of outbuilding structures. 
44 The first-floor areas are set back at least 13 metres from the south-west
boundary and more than the guidance required 18 metres from any neighbouring
building. As such, there would be no harmful overlooking of neighbouring
properties from this part of the proposal. 
45 There is no concern regarding overshadowing due to the orientation of the
proposal relative to its nearest neighbours, and whilst there would be a greater
amount of light emitted from the site than at present, this is not to a level which
would adversely impact residential amenity.

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46 A stove and flue is proposed, and the flue shall terminate above the eaves of the
proposed dwellinghouse, aiding dispersal of smoke. Environmental Health have
not objected, subject to an informative which recommends adherence to stove
specifications. 
47 An Air Source Heat Pump is proposed, and for this reason Environmental Health
have recommended a noise condition (Condition 8). Subject to adherence to this,
the impact on residential amenity of noise would be acceptable. 
48 The amount of private garden ground associated with this proposal would also be
acceptable. 
49 As such, this element of the proposal accords with NPF4 Policies 14: Design,
quality and place, and LDP2 Policy 17: Residential Areas. 
Roads and Access 
50 The proposal seeks to use an existing vehicle access from St. Mary’s Road,
which previously served the existing three holiday lodges. The vehicle access
shall be upgraded to Perth & Kinross Council's current standards, and this can be
secured by planning condition (Condition 7). 
51 The applicant has advised that parking for three vehicles is proposed on site,
which is in line with the standards within the National Roads Development Guide.
A bin store is proposed between the proposed dwellinghouse and the public
road, and this is considered acceptable. 
52 It is acknowledged that objections raise matters of congestion and pedestrian
safety along St. Mary’s Road, which does not have a dedicated footway close to
the site. However, the plot previously accommodated three holiday lodges, and
whilst not used in recent years they remain the established baseline and their
replacement with a single dwellinghouse is not considered to increase potential
traffic or pedestrian safety risks. 
53 The Council’s Transport Planning Team have raised no objections, subject to
conditions and informatives relating to the access. As such, the proposal accords
with NPF4 Policy 13: Sustainable transport and LDP Policy 60B: Transport
Standards and Accessibility Requirements: New Development Proposals. 
Conservation Considerations 
54 The proposal is within Birnam Conservation Area and the setting of B-listed
Dunaird House, and its associated Coach House. On this the proposed house
and its contemporary design is well shielded from wider views by other
dwellinghouses, and the significant tree cover to be predominantly retained. In
addition, its effect on the setting of the nearby listed building is minimised by its
scale and positioning at the base of a steep hill atop which the listed building sits,
as demonstrated in sectional drawings submitted. As such, the proposal is not

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considered to adversely affect the setting of the listed building nor adversely
impact the appearance of the conservation area. 
55 It has been mentioned in the public representations that the proposal would
conflict with a former road approach to Torwood House. It is considered, having
examined 19th century Ordnance Survey mapping, that the route of that former
road would have been further uphill towards Dunaird (formerly named
Torwoodbank) than the site of the proposed dwellinghouse, where the hill levels
off briefly near the north-east edge of the application site. As such, there is no
heritage concern in this respect. 
56 The proposal therefore is considered to accord with NPF4 Policy 7: Historic
Assets and Places and LDP2 Policies 27A: Listed Buildings and 28A:
Conservation Areas: New Development. 
Natural Heritage and Biodiversity 
57 The concern outlined in representations is acknowledged; the site contains
extensive tree cover, and a Tree Survey, Phase 1 Habitat Survey, Bat Survey
and Invasive Species Management Plan have been submitted. 
58 It is considered that the Habitat Survey is sound, subject to a condition (Condition
10) requiring adherence to its conclusions and recommendations. The Bat
Survey has not identified bat roosts in the development area, although in the
interests of biodiversity enhancement a condition (Condition 11) requires the
provision of three bat boxes. 
59 The extent of tree and hedge removal and replacement planting is also
considered acceptable (Condition 9), and a further condition (Condition 4) shall
secure the protection of retained trees including an on-site inspection of such
measures by the Council’s Trees Enforcement officer. 
60 It is unclear if measures outlined within the Invasive Species Management Plan
in respect of rhododendron have been undertaken since 2021 as they appear to
have been for giant hogweed, and as such a planning condition (Condition 5)
shall require an updated Non-Native Species Control Plan to be submitted prior
to the commencement of development, and the implementation of any approved
measures which result from that Plan. 
61 In respect of the National Scenic Area designation, the proposal would not
adversely affect the integrity of the area or the qualities for which it has been
designated given its sensitive and contemporary design within a mature
landscaped setting. 
62 It is considered that, subject to the recommended conditions and informatives,
the proposal accords with the intent of NPF4 Policies 3: Biodiversity, Policy 4:
Natural Places, and 6: Forestry, Woodland and Trees, and LDP Policies Policy

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38B: Environment and Conservation: National Designations, 40B: Forestry,
Woodland and Trees: Trees, Woodland and Development and 41: Biodiversity. 
Other Matters 
63 In response to concerns raised in representations regarding the structural
implications of building into the base of the hillside, the applicant’s Structural
Engineer has analysed the position and provided written assurance that the
extent of excavation of the hillside would be limited, and that a low retaining wall
(c.1 metre) would form part of the proposals. Such matters would also be
covered by the Building Warrant process. 
64 The public representations regarding drainage and flooding are also
acknowledged. However, Scottish Water have not objected and have suggested
there is sufficient water and wastewater capacity locally. In the event of planning
permission being granted the applicant should engage with them directly, and an
informative draw attention to Scottish Water’s advice note. 
65 The site is not identified by SEPA as being vulnerable to surface water or river
flooding. Furthermore, the plot size is such that drainage can be satisfactorily
accommodated in accordance with Policy 53 of LDP2. 
Developer Contributions 
66 The Developer Contributions Guidance is applicable to this application, but no
contributions towards primary education are required as there are no identified
capacity constraints in this school catchment.  The proposal is therefore in
accordance with LDP2 Policy 5 Infrastructure contributions. 
Economic Impact 
67 The economic impact of the proposal is likely to be minimal and limited to the
construction phase of the development, although bringing into use to a previously
developed site which has not contributed to the local economy for some time. 
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 supporting documents to
provide clarity regarding trees, biodiversity and heritage. 
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
69 None required.

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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. 
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. 
Reason:  To ensure the development is carried out in accordance with the
approved drawings and documents. 
3. Prior to the commencement of the development hereby approved, details of the
specification and colour of the proposed external finishing materials to be used
shall be submitted to and agreed in writing by the Council as Planning Authority. 
The scheme as agreed shall be implemented prior to the completion or bringing
into use of the development, whichever is the earlier. 
Reason:  In the interests of visual amenity; to ensure a satisfactory standard of
local environmental quality.

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4. Prior to the commencement of any works on site, an independent and fully
qualified Arboricultural Clerk of Works (ArbCoW) 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 of the construction and shall have the
responsibility of ensuring tree protection measures are implemented in
accordance with BS 5837 2012: Trees in Relation to Design, Demolition and
Construction, and tree protection measures are maintained secure at all times,
and until completion of the development. In addition the following is required: 
(a)  The developer's appointed ArbCoW to contact the local Planning Authority
tree officer to arrange a prestart meeting for inspection of all tree & ground
protection measures before commencement of development. 
Reason:  To ensure a satisfactory standard of development and environmental
quality and to reserve the rights of the Planning Authority. 
5 Prior to the commencement of the development hereby approved, an updated
Invasive Non-Native Species Control Plan shall be submitted to and approved by
the Council as Planning Authority. The plan shall contain measures to eradicate
and control invasive non-native species. Thereafter, the agreed scheme shall be
implemented in full accordance during the construction phase. 
Reason:  In the interests of protecting environmental quality and of biodiversity. 
6 Prior to the commencement of development hereby approved, a scheme shall be
submitted to, and approved in writing by, the Council as Planning Authority that
demonstrates how at least 10% of the current carbon emissions reduction set by
the Scottish Buildings Standards will be met through the installation and
operation of low and zero-carbon technologies. This scheme shall detail the
following: 
a) the technology types;
b) illustrate, through technical calculations, that these will meet at least the 10%
reduction;
c) their siting and location; and
d) ongoing operation and maintenance. 
Once approved, the development shall be completed in accordance with the
approved scheme. 
Reason:  To ensure the proposal complies with LDP2 Policy 32: Embedding
Low & Zero Carbon Generating Technologies in New Development. 
7    Prior to the development hereby approved being completed or brought into use,
the vehicular access shall be formed in accordance with Perth & Kinross
Council's Road Development Guide Type B Figure 5.6 access detail with 3 metre

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radii kerbing of Type A Road construction detail. The Type A Road construction
detail shall continue to the entrance for a minimum distance of 3 metres. 
Reason:  In the interests of road safety; to ensure an acceptable standard of
construction within the public road boundary. 
8 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. 
9 The detailed landscaping and planting scheme which is hereby approved shall be
completed within the first available planting season (October to March) after the
completion or bringing into use of the development, whichever is the earlier. 
The approved scheme shall thereafter be maintained to the satisfaction of the
Council as Planning Authority, with any planting which fails to become
established within five years being replaced in the following planting season with
others of a size and species as previously approved. 
Reason:  To ensure a satisfactory standard of development and environmental
quality and to reserve the rights of the Planning Authority. 
10 The conclusions and recommended action points within the supporting
biodiversity survey submitted and hereby approved (document(s) 29 relates)
shall be fully adhered to, respected and undertaken as part of the construction
phase of development, to the satisfaction of the Council as Planning Authority. 
Reason:  In the interests of employing best practice ecology and to ensure there
is no adverse impact on any protected species as identified under the Wildlife
and Countryside Act (1981). 
11 Prior to the completion or occupation of the building(s) hereby approved,
whichever is the earlier, three bird nesting boxes shall be provided on the
completed building or nearby trees. Thereafter, the agreed scheme shall be
maintained in a reasonable condition for the life of the development, to the
satisfaction of the Council as Planning Authority. 
Reason - In the interests of employing best practice ecology and to ensure there
is no adverse impact on any protected species as identified under the Wildlife
and Countryside Act (1981). 
B JUSTIFICATION 
The proposal is in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan.

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C  PROCEDURAL NOTES 
None 
D 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. No work shall be commenced until an application for building warrant has been
submitted and approved. 
4. The applicant should take note of the information and advice contained within the
consultation response from Scottish Water. 
5.   The approved stove system shall be installed and thereafter operated and
maintained in accordance with the manufacturer's recommendations, such that
smoke odours are not exhausted into or escape into any neighbouring dwellings.
Failure to do so may result in an investigation and possible action by
Environmental Health under the Environmental Protection Act 1990. 
6. The applicant is advised that, in terms of Sections 109 of the New Roads and
Street Works Act 1991, he/she/they must obtain from the Council, to place,
maintain or adjust apparatus in, or under a Road or remove apparatus from a
road.  Application forms are available at
https://www.pkc.gov.uk/article/14916/Road-and-footway-permits. 
7. The applicant is advised that, in terms of Sections 56 of the Roads (Scotland) Act
1984, he/she/they must obtain from the Council, as Roads Authority, consent to
open an existing road or footway prior to the commencement of works. 
Information on junction types, requirements for Vehicular Access consents (VA1)
and application forms are available at www.pkc.gov.uk/vehicleaccess.  Advice
on the disposal of surface water should be sought at the initial stages of design
from Scottish Water and the Scottish Environmental Protection Agency. 
8. 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

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reminded that, under the Wildlife and Countryside Act 1981, as amended
(section 1), it is an offence to remove, damage or destroy the nest of any wild
bird while that nest is in use or being built. Planning permission for a
development does not provide a defence against prosecution under this Act. 
9. 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 trees, biodiversity and heritage
information. 
10. 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: 9 letters of representation 
Contact Officer:  John Cooney
Date:  3 November 2023 
DAVID LITTLEJOHN
STRATEGIC LEAD – ECONOMY, DEVELOPMENT & PLANNING