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Agenda Document Pack - Planning and Placemaking Committee - 15/11/2023

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

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Securing the future… • Improving services 
• Enhancing quality of life • Making the best use of public
resources 
Council Building
2 High Street
Perth
PH1 5PH 
06/11/2023 
A hybrid meeting of the Planning and Placemaking Committee will be held in the
Council Chamber on Wednesday, 15 November 2023 at 09:30. 
If you have any queries please contact Committee Services on (01738) 475000 or
email Committee@pkc.gov.uk. 
THOMAS GLEN
Chief Executive 
Those attending the meeting are requested to ensure that all notifications are
silent on their device and other devices are in silent mode. 
Please note that the meeting will be broadcast online and recorded.  The
recording will be publicly available on the Council’s website following the
meeting. 
Members:
Councillor Ian Massie  (Convener)
Councillor Grant Stewart  (Vice-Convener)
Councillor Keith Allan
Councillor Bob Brawn
Councillor Dave Cuthbert
Councillor Ken Harvey
Councillor David Illingworth
Councillor Ian James
Councillor Brian Leishman
Bailie Claire McLaren
Councillor Crawford Reid
Councillor Richard Watters
Bailie Mike Williamson
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Planning and Placemaking Committee 
Wednesday, 15 November 2023 
AGENDA 
MEMBERS ARE REMINDED OF THEIR OBLIGATION TO DECLARE ANY
FINANCIAL OR NON-FINANCIAL INTEREST WHICH THEY MAY HAVE IN ANY
ITEM ON THIS AGENDA IN ACCORDANCE WITH THE COUNCILLORS’ CODE
OF CONDUCT. 
1 WELCOME AND APOLOGIES/SUBSTITUTES   
2 DECLARATIONS OF INTEREST   
3 MINUTE OF MEETING OF THE PLANNING AND
PLACEMAKING COMMITTEE OF 11 OCTOBER 2023 FOR
APPROVAL
(copy herewith) 
5 - 38 
4 DEPUTATIONS   
5 APPLICATIONS FOR DETERMINATION   
5(1)  MAJOR APPLICATION   
5(1)(i)  22/01359/FLM - ERECTION OF REPLACEMENT
POLYTUNNELS (IN PART RETROSPECT), COLBEGGIE
FARM, KETTINS, BLAIRGOWRIE
Report of Handling by Strategic Lead - Economy, Planning and
Development (copy herewith 23/307) 
39 - 54 
5(2)  LOCAL APPLICATIONS   
5(2)(i)  23/00276/FLL - ERECTION OF DWELLINGHOUSE,
FORMATION OF PARKING AND ASSOCIATED WORKS,
LAND 40 METRES NORTH EAST OF BIRCHWOOD COTTAGE,
ST MARY'S ROAD, BIRNAM
Report of Handling by Strategic Lead - Economy, Development
and Planning (copy herewith 23/308) 
55 - 74
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5(2)(ii)  22/01191/FLL - ERECTION OF 16 DWELLINGHOUSES (3
WITH DETACHED GARAGES, ONE WITH DETACHED
GARAGE/ANCILLARY ACCOMMODATION), FORMATION OF
6 PLOTS FOR AFFORDABLE DWELLINGHOUSES,
FORMATION OF SUDS POND, LANDSCAPING AND
ASSOCIATED WORKS, LAND 100 METRES SOUTH EAST OF
CRAGTON VILLA, ROST GARDENS, SCOTLANDWELL
Report of Handling by Strategic Lead - Economy, Development
and Planning (copy herewith 23/309) 
75 - 100 
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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 11 October 2023 at 9:30am. 
Present: Councillors I Massie and G Stewart, Bailie C McLaren (Up to Item 5(1)(ii)),
Councillors K Allan, B Brawn, D Cuthbert, A Forbes (Substituting for I James),
K Harvey, D Illingworth, B Leishman, T McEwan (Substituting for Bailie
M Williamson), I MacPherson (Substituting for R Watters) and C Reid. 
In Attendance: S Panton, L Reid, K Smith and P Williamson (all Communities);
A Brown, G Fogg, J Guild and R Ramsay (all Corporate and Democratic Services). 
Apologies: Bailie M Williamson, Councillors I James and R Watters. 
Councillor I Massie, Convener, Presiding. 
1. WELCOME AND APOLOGIES 
The Convener welcomed everyone present to the meeting.  Apologies were
noted as above. 
2. DECLARATIONS OF INTEREST 
In terms of the Councillors Code of Conduct, Councillor D Illingworth declared
a non-financial interest in Item 5(1)(i).   
3. MINUTES 
The minute of meeting of the Planning and Placemaking Committee of
6 September 2023, be approved. 
4.  DEPUTATIONS 
In terms of Standing Order 13, the Committee agreed to hear deputations in
relation to the following planning applications: 
Planning Application No.    Item No. 
22/00817/FLM     5(1)(i) 
22/01501/FLM     5(1)(ii) 
23/01262/IPL      5(2)(ii) 
HAVING DECLARED AN INTEREST IN THE FOLLOWING ITEM, COUNCILLOR D
ILLINGWORTH LEFT THE MEETING AT THIS POINT. 
5. APPLICATIONS FOR DETERMINATION 
(1) Major Applications 
(i) 22/00817/FLM – Erection of 110 dwellinghouses, associated
infrastructure, access, SUDS and landscaping, land 150
3
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metres south west of Kintillo Cemetery (H14), Bridge of
Earn, Perth 
Mr J Bruce, Chair of Earn Community Council and Dr G Lindsay,
both objectors to the application, addressed the Committee and
answered Members’ questions.  Mr R Laird, Planning and
Strategic Land Manager, Scotia Homes, addressed the
Committee and answered Members’ questions. 
Resolved:
Grant, subject to the following terms, conditions and
informatives: 
General
1. This planning permission will last only for three years
from the date of this decision notice, unless the
development has been 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. No development shall commence until a detailed phasing
strategy (supported by appropriate plans) shall be
submitted to and approved in writing by the Council as
Planning Authority. The phasing strategy shall include the
following details:
(i) The timing and number of dwellings to be
developed in each phase;
(ii) The timing and delivery of infrastructure, open
space and landscaping;
(iii) The timing and location of any temporary
construction compound;
(iv) The timing and delivery of the affordable housing
units.
Once approved, the development shall proceed in
accordance with the approved delivery phasing strategy
to the satisfaction of the Council as Planning Authority.
Reason – In order to ensure the satisfactory
implementation and completion of the development.
Drainage and Flooding
4. The drainage outfall as agreed as part of planning
permission 22/02020/FLL or any other agreed in writing
scheme by the Council, shall be implemented as part of
the SUDs basin delivery to the satisfaction of the Council
as Planning Authority.
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Reason – To ensure the provision of effective drainage
for the site.
5. Prior to the commencement and completion of works, the
watercourse to the northeast of the site, which the SUDs
basin outfalls into, shall be cleared of vegetation and
debris to the satisfaction of the Council as Planning
Authority.
Reason – To ensure the provision of effective drainage
for the site.
6. Development shall not commence on site until a detailed
sustainable urban drainage system (SUDS) has been
submitted for the written agreement of the Council as
Planning Authority, in consultation with SEPA where
necessary.  The scheme shall be developed in
accordance with the technical guidance contained in The
SUDS Manual (C753) and the Council's Flood Risk and
Flood Risk Assessments Developer Guidance, and shall
incorporate source control. All works shall be carried out
in accordance with the agreed scheme and be
operational prior to the bringing into use of the
development.
Reason – To ensure the provision of effective drainage
for the site.
7. Concurrent with the initiation of the development hereby
approved and for the duration of construction, a
temporary surface water treatment facility which accords
with Sustainable Urban Drainage System principles shall
be implemented for the site and maintained for the
duration of the approved development works.  The
temporary surface water treatment facility shall remain in
place until the permanent surface water drainage scheme
is implemented.
Reason – To ensure the appropriate management of
construction surface water run-off to minimise flooding
and avoid discharge of sediment/pollution to the local
water environment or neighbouring property, in the
interests of residential and environmental amenity.
8. Storm water drainage from all paved surfaces, including
the access, shall be disposed of by means of suitable a
Sustainable Urban Drainage System to meet the
requirements of best management practices.
Reason – To ensure the provision of effective drainage
for the site.
Residential Amenity
9. Prior to the commencement of the development a Dust
Management Plan shall be submitted to and agreed in
writing by the Council as the Planning Authority and
Environmental Health. The plan shall include measures
for the control of dust, monitoring, and complaints
procedures, at the construction stages of the
development. 
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Reason – In the interests of residential amenity.
10. Construction work shall be limited to Monday to Friday
0700 hours to 1900 hours and Saturday 0800 hours to
1300 hours with no noisy works out with these times or at
any time on Sundays or bank holidays (as identified by
Scottish Government).
Reason – In the interests of residential amenity.
Roads and Transport
11. Prior to the occupation of any residential plot, all matters
regarding access, car parking, road layout, design and
specification, including the disposal of surface water,
shall be in accordance with the standards required by the
Council as Roads Authority and to the satisfaction of the
Planning Authority.
Reason – In the interests of vehicle and pedestrian safety
and in accordance with the policies of the adopted
development plan.
12. Prior to commencement of works on site, the width of
Wicks O’Baiglie Road shall be widened to a minimum
width of 6 metres from south of 52 Wicks O’Baiglie Road
to a distance of 6 metres south of the vehicle access
bellmouth into the development, where the width of the
road will taper back to the original width over a distance
of at least 25 metres.  The road widening shall be
constructed to the standard and specification required by
the Council as Roads Authority to the satisfaction of the
Planning Authority.
Reason – In the interests of road safety; to ensure an
acceptable standard of construction within the public road
boundary.
13. Prior to commencement of works, a street lighting design
must be submitted for the further written agreement of the
Council as Planning Authority, in consultation with Perth
& Kinross Council’s Street Lighting Partnership.  The
scheme shall include details of light spill, brightness of
the lighting and the proposed hours of operation.  The
agreed lighting scheme shall be implemented and
maintained in full accordance with the agreed scheme.
Reason – In the interests of road safety.
14. Prior to the commencement of the development hereby
approved, the applicant shall submit for the further written
agreement of the Council as Planning Authority, in
consultation with the Roads Authority (Structures), a
Construction Traffic Management Scheme (TMS) which
shall include the following:
a. restriction of construction traffic to approved routes
and the measures to be put in place to avoid other
routes being used;
b. timing of construction traffic to minimise impact on
local communities particularly at school start and
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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. monitoring, reporting and implementation
arrangements; 
n. arrangements for dealing with non-compliance;
and
o. details of HGV movements to and from the site.  
The TMS as approved shall be strictly adhered to during
the entire site construction programme.
Reason – In the interest of proper site management.
15. Prior to the occupation of the tenth dwellinghouse, the
developer shall install a bus shelter at Old Edinburgh
Road (NaPTAN ID 73729586) with a 3 bay bus shelter
supplied and installed with passenger information board,
LED spotlights (one per bay), a 28in Ultra-Wide Display
Screen for Real Time Passenger Information installed on
the approach side of the shelter and a 24/7 electrical
power supply to a Haldo pillar adjacent to the shelter to
provide power for the LED lighting and Real Time
Passenger Information display.  The design and
specification shall be to the satisfaction of the Council as
Planning Authority, in consultation with Perth & Kinross
Council’s Public Transport Unit.  In the event that it is not
possible to install at this location, an alternative shall be
agreed in writing with the planning authority.
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Reason – In the interest of sustainable travel.
16. No part of the development shall be occupied until a
Residential Travel Plan (RTP), aimed to encourage more
sustainable means of travel, has been submitted to and
agreed in writing by the Council in consultation with
Transport Planning. The RTP will have particular regard
to provision for walking, cycling and public transport
access to and within the site and will identify the
measures to be provided, the system of management,
monitoring, review, reporting and the duration of the plan.
Reason – To promote sustainable transport options and
to meet advice within Scottish Planning Policy on
transport.
17. Prior to the commencement of the development hereby
approved, full visibility splays for the vehicle access onto
Wicks O’Baiglie Road of 120 metres along the channel
line shall be provided to the left and right of the access, at
a set-back of 2.4 metres from the edge of the
carriageway, measured 1.05m above the road level to the
standard and specification required by the Council as
Roads Authority to the satisfaction of the Planning
Authority.  The visibility splays shall be physically formed
on the ground and any existing fences, walls, hedges or
other means of enclosure or obstructions within the
splays shall be removed and relocated outwith the splays. 
Once formed, the visibility splays shall be permanently
retained thereafter, and no visual obstruction of any kind
shall be permitted within the visibility splays so formed.
Reason – In the interests of road safety; to ensure an
acceptable standard of construction within the public road
boundary.
18. Prior to the occupation of any residential plot, details of
the specification including materials of all footpaths shall
be submitted to the Planning Authority for further
approval. The agreed detail shall thereafter be
implemented prior to the completion of the development.
Reason – In the interests of pedestrian and cycle safety.
19. The occupation of the tenth dwellinghouse hereby
approved shall not occur until the proposed footpath
connection surrounding the SUDS at the northern side of
the site and linking to both Dunbarney Avenue and Wicks
O' Baiglie Road, as shown on drawing number
22/00817/182, has been implemented in line with the
specification agreed as part of condition 18, and is
operational to the satisfaction of the Planning Authority.
Reason - In the interest of sustainable transport.
20. The occupation of the fifty-fifth dwellinghouse hereby
approved shall not occur until the proposed footpath
connection at the southern side of the site, linking this site
to both Wicks O' Baiglie Road and The Meadows and the
footpath connection to the west of the site linking to The
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Meadows, opposite Ptak Way, as shown on drawing
number 22/00817/182, has been implemented in line with
the specification agreed as part of condition 18, and is
operational to the satisfaction of the Planning Authority.
Reason – In the interest of sustainable transport.
21. The Meadows shall not be used at any time by
construction traffic associated with the development,
unless otherwise agreed by the Council as Planning
Authority.
Reason – In the interests of pedestrian and traffic safety,
residential amenity.
Biodiversity
22. Prior to the commencement of development a
Construction Environmental Management Plan (CEMP),
incorporating a Construction Method Statement (CMS), a
Construction Traffic Management Plan (CTMP), a Site
Waste Management Plan (SWMP), a Site Access
Management Plan, a Drainage Management Plan (DMP)
shall be submitted for the approval of the Planning
Authority. Thereafter the development shall be fully
undertaken in accordance with the CEMP unless
otherwise agreed in writing by the Planning Authority. 
Reason – In the interests of protecting environmental
quality and of biodiversity.
23. The conclusions and recommended action points within
the supporting Ecological Survey and Biodiversity Action
Plan submitted and hereby approved (document number
90 relates) shall be fully adhered to, respected and
undertaken as part of the construction phase of
development, to the satisfaction of the Council as
Planning Authority.
Reason – In the interests of protecting environmental
quality and of biodiversity.
24. An updated ecological survey will be required prior to the
commencement of works, if works have not commenced
within 24 months of the date of the survey approved as
part of this permission.  The updated survey shall be
submitted to the Council as Planning Authority for written
agreement and works shall not commence until after such
written agreement has been issued by the Council.
Reason – In the interests of protecting environmental
quality and of biodiversity.
25. Prior to the completion or occupation of the development
hereby approved, whichever is the earlier, wildlife kerbs
shall be installed adjacent to all road gullies within
500metres of a SUDS pond or watercourse. Thereafter,
the kerbs shall be retained in a reasonable condition for
the life of the development, to the satisfaction of the
Council as Planning Authority.
Reason - In the interests of protecting environmental
quality and of biodiversity.
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26. Prior to the completion or occupation of the development
hereby approved, whichever is the earlier, hedgehog
highways shall be created by providing access gaps in
wooden fences on each plot at least 13cm x 13cm at
ground level, to allow for the free movement of
hedgehogs. Thereafter, the hedgehog highways shall be
retained in a reasonable condition for the life of the
development, to the satisfaction of the Council as
Planning Authority.
Reason – In the interests of protecting environmental
quality and of biodiversity.
27. 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.
Reason – In the interests of protecting environmental
quality and of biodiversity.
Trees and Landscape
28. 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.
29. 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 – In the interests of visual amenity and to ensure
the satisfactory implementation of the proposed planting
scheme.
30. The areas of public open space indicated in the approved
landscape and planting drawings shall be planted in
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accordance with the open space standards of the
Planning Authority and completed to phase with the
adjacent dwellinghouses in accordance with a
programme to be submitted and agreed in writing by the
Planning Authority, prior to the commencement of
development. The scheme shall thereafter be maintained
to the satisfaction of the Council as Planning Authority.
Reason – In the interests of visual amenity; to ensure a
satisfactory standard of local environmental quality and to
reserve the rights of the Planning Authority.
31. All landscaped areas outwith the curtilages of the
dwellings and shown on the approved drawings shall be
permanently retained as such and shall at no time be
used as private garden ground nor incorporated within
the curtilage of any of the dwellings hereby approved
without the express grant of planning permission by the
Planning Authority.
Reason – In the interests of the character and
appearance of the development.
32. 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,
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. The
landscape management plan as agreed shall, where
appropriate, include phased implementation concurrent
with the development and shall be fully implemented and
adhered to.
Reason – To ensure satisfactory management of the
scheme.
Sustainability
33. 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 for each building:
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 and no individual
unit shall be occupied until the scheme has been installed
and operating.
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Reason – To embed low and zero-carbon technologies
within the development in the interest of environmental
sustainability.
Waste
34. Prior to the commencement of development a site
specific plan detailing bin storage areas, kerbside
collection locations and recycling  facilities shall be
submitted to and approved in writing by the Planning
Authority and thereafter undertaken in accordance with
the approved details.
Reason – In the interest of the sustainable disposal of
waste.
Contamination
35. 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. 
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.
Archaeology
36. Development shall not commence until the developer has
secured the implementation of a programme of
archaeological work in accordance with a Written
Scheme of Archaeological Investigation (WSI) which has
been submitted by the developer and agreed in writing by
the Council as Planning Authority, in consultation with
Perth and Kinross Heritage Trust (PKHT). Thereafter, the
developer shall ensure that the programme of
archaeological works is fully implemented including that
all excavation, preservation, recording, recovery,
analysis, publication and archiving of archaeological
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resources within the development site is undertaken. 
Should the archaeological works, as required by the WSI,
identify a requirement for post-excavation analysis, the
development as approved shall not be occupied or
brought into use until a Post-Excavation Research Design
(PERD) has been submitted to and agreed in writing by
the Council as Planning Authority, in consultation with
PKHT. The PERD shall be carried out in complete
accordance with the approved details. Furthermore, the
developer shall afford access at all reasonable times to
PKHT or a nominated representative and shall allow them
to observe work in progress.
Reason – To ensure a programme of archaeological
works is carried out to safeguard and record any
archaeological remains within the development area.
Materials
37. 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. 
Justification
The proposal is considered as a minor departure to the
Development Plan as there are material circumstances that
would justify a departure from the relevant Policy 6 of the LDP2. 
Procedural Notes
Permission shall not to be issued until the Section 75 Agreement
has been signed and registered to take account of this
application. The legal agreement should be concluded and
completed within 4 months of the date of any Committee
approval. Failure to conclude a legal agreement within 4 months
will result in the planning application being re-assessed through
failing to comply with the associated developer contributions
policy and may be ultimately recommended for refusal under
delegated powers. 
Informatives
1. Under section 27A of the Town and Country Planning
(Scotland) Act 1997 (as amended) the person
undertaking the development is required to give the
planning authority prior written notification of the date on
which it is intended to commence the development. A
failure to comply with this statutory requirement would
constitute a breach of planning control under section
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123(1) of that Act, which may result in enforcement
action being taken. 
2. As soon as practicable after the development is
complete, the person who completes the development is
obliged by section 27B of the Town and Country Planning
(Scotland) Act 1997 (as amended) to give the planning
authority written notice of that position.
3. This development will require the 'Display of notice while
development is carried out', under Section 27C(1) of the
Town and Country Planning Act 1997, as amended, and
Regulation 41 of the Development Management
Procedure (Scotland) Regulations 2013. The form of the
notice is set out in Schedule 7 of the Regulations and a
draft notice is included for your guidance. In accordance
with Regulation 41 the notice must be:
• Displayed in a prominent place at or in the vicinity of
the site of the   development 
• Readily visible to the public 
• Printed on durable material.
4. The applicant is advised that any proposed signage will
require a further application to be submitted for
advertisement consent unless it benefits from express
consent as per the Town and Country Planning (Control
of Advertisements) (Scotland) Regulations 1984.
5. 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.
6. The applicant is advised that in terms of Sections 56 of
the Roads (Scotland) Act 1984 he/she/they must obtain
from the Council, as Roads Authority, consent to open an
existing road or footway prior to the commencement of
works.  Information on junction types, requirements for
Vehicular Access consents (VA1) and application forms
are available at www.pkc.gov.uk/vehicleaccess.  Advice
on the disposal of surface water should be sought at the
initial stages of design from Scottish Water and the
Scottish Environment Protection Agency.
7. 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
a new road prior to the commencement of roadworks.
Advice on the disposal of surface water must be sought
at the initial stages of design from Scottish Water and the
Scottish Environment Protection Agency. Please note
that a fee is chargeable for the processing of RCC
applications.
8. Prior to the commencement of works a maintenance
agreement under Section 96 of the Roads (Scotland) Act
1984 shall be entered in to in respect of the C416 Wicks
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O’Baiglie Road between the A912 and the M90
overbridge, a distance of approximately 1 km, whereby
the road shall be inspected on a regular basis and repairs
carried out to the timescale and standards specified by
the Council as Roads Authority to the satisfaction of Perth
& Kinross Council.
9. No work shall be commenced until an application for
building warrant has been submitted and approved.
10. 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 permission to connect to the public
wastewater system and/or water network and all their
requirements must be fully adhered to.
11. 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 revise layout,
materials and garages.
12. Application for a new postal address should be made via
the Street Naming and Numbering page on the Perth &
Kinross Council website at www.pkc.gov.uk/snn.  Please
note there is a charge for this service and submission
cannot be made until the relevant Building Warrant has
been approved.
13. The applicant is advised to refer to Perth & Kinross
Council's Supplementary Guidance on Flood Risk and
Flood Risk Assessments 2021 as it contains advice
relevant to your development.
https://www.pkc.gov.uk/ldp2floodrisk
14. 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.
15. The planning permission decision notice shall not be
issued until such time as the required Developer
Contributions have been secured or paid in full. 
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Page 18

16. In the event the applicant does not either make the
required payment within 28 days from the date the
agent/applicant is advised of the need for the
contributions, or complete a legal agreement for delayed
payment within a 4 month period from the date the
agent/applicant is advised of the need for the
contributions the application may be refused under
delegated powers without any further discussion with the
applicant.
17. The applicant is reminded that, should any protected
species be present a licence may be required from
NatureScot. Failure to obtain a licence may constitute a
criminal act under the Habitats Regulations and penalties
are sever for non-compliance.
18. The applicant is reminded to discuss with the Council’s
Transport Unit the supply of a bus service and public
transport infrastructure to ensure an adequate public
transport provision for the site.
19. The applicant is advised that the granting of planning
permission does not guarantee right of access to the site.
This should be agreed with the relevant landowner(s)
prior to the commencement of the development.
20. 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. 
THERE FOLLOWED A 5 MINUTE RECESS AND THE MEETING RECONVENED
AT 11:15AM. 
COUNCILLOR D ILLINGWORTH RETURNED TO THE MEETING AT THIS POINT. 
COUNCILLOR K HARVEY JOINED THE MEETING AT THIS POINT. 
(ii) 22/01501/FLM – Erection of 90 dwellinghouses, 2 residential
blocks comprising 10 flats, associated infrastructure,
access, SUDS and landscaping (in part allocated site H69),
land 150 metres south of Station House, Forfar Road,
Meigle 
Mr B Starck of Meigle and Ardler Community Council, 
Ms M Kaufmann, Mr E West and Mr P Menzies, all objectors to
the application, addressed the Committee and answered
Members’ questions.  Mr B Robb, Senior Partner, Oliver and
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Page 19

Robb Architects LLP, on behalf of the agent, addressed the
Committee and answered Members’ questions. 
Motion (Councillors B Brawn and D Cuthbert) 
Refuse, as the proposal is contrary to Policies 1A, 1B(c) and 17
of Perth and Kinross Local Development Plan 2 (2019) and
Policy 14 of National Planning Framework 4, due to the
significant historical heritage within the village of Meigle, the
design of the proposed dwellings and the number of proposed
dwellings. 
Amendment (Bailie C McLaren and Councillor T McEwan) 
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. 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.
Reason – In the interests of visual amenity and to ensure
the satisfactory implementation of the proposed planting
scheme.
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4. All plant or equipment shall be so enclosed, attenuated
and/or maintained such that any noise therefrom shall not
exceed Noise Rating 35 between 0700 and 2300 hours
daily, or Noise Rating 25 between 2300 and 0700 hours
daily, within any neighbouring residential property, with all
windows slightly open, when measured and/ or calculated
and plotted on a rating curve chart.
Reason – In order to safeguard the neighbouring
residential amenity in the area.
5. Construction work shall be limited to Monday to Friday
0700 hours to 1900 hours and Saturday 0800 hours to
1300 hours with no noisy works out with these times or at
any time on Sundays or bank holidays (as identified by
Scottish Government).
Reason – In order to safeguard the residential amenity of
the area.
6. Prior to the occupation of any dwellinghouse approved as
part of this permission, a Real Time Passenger
Information Display Screen will be supplied and installed
at the bus stop at Meigle Post Office, or another location
as agreed with the Public Transport Unit.
Reason – To encourage the use of sustainable transport
to and from the development site.
7. No part of the development shall be occupied until a
Residential Travel Plan (RTP), aimed to encourage more
sustainable means of travel, has been submitted to and
agreed in writing by the Council as Planning Authority.
The RTP will have particular regard to provision for
walking, cycling and public transport access to and within
the site and will identify the measures to be provided, the
system of management, monitoring, review, reporting and
the duration of the plan.
Reason – To promote sustainable transport options and
to meet advice within Scottish Planning Policy on
transport.
8. Prior to the commencement of the development hereby
approved, the developer shall submit for the further
written agreement of the Council as Planning Authority, in
consultation with the Roads Authority (Structures), a
Construction Traffic Management Scheme (TMS) which
shall include the following:
(a) restriction of construction traffic to approved routes
and the measures to be put in place to avoid other
routes being used;
(b) timing of construction traffic to minimise impact on
local communities particularly at school start and
finishing times, on days when refuse collection is
undertaken, on Sundays and during local events;
(c)  a code of conduct for HGV drivers to allow for
queuing traffic to pass;
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Page 21

(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 at 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 TMS as approved shall be strictly adhered to during
the entire site construction programme.
Reason – In the interests of road safety.
9. Development shall not commence until the developer has
secured the implementation of a programme of
archaeological work in accordance with a Written
Scheme of Archaeological Investigation (WSI) which has
been submitted by the developer and agreed in writing by
the Council as Planning Authority, in consultation with
Perth and Kinross Heritage Trust (PKHT). Thereafter, the
developer shall ensure that the programme of
archaeological works is fully implemented including that
all excavation, preservation, recording, recovery,
analysis, publication and archiving of archaeological
resources within the development site is undertaken.
Should the archaeological works, as required by the WSI,
identify a requirement for post-excavation analysis, the
development as approved shall not be occupied or
brought into use until a Post-Excavation Research Design
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(PERD) has been submitted to and agreed in writing by
the Council as Planning Authority, in consultation with
PKHT. The PERD shall be carried out in complete
accordance with the approved details. Furthermore, the
developer shall afford access at all reasonable times to
PKHT or a nominated representative and shall allow them
to observe work in progress.
Reason – To ensure a programme of archaeological
works is carried out to safeguard and record any
archaeological remains within the development area.
10. Prior to the commencement of the development hereby
approved, a Biodiversity Enhancement Plan for the site
shall be submitted for the written agreement of the
Council as Planning Authority. Thereafter, the agreed
scheme shall be implemented to the satisfaction of the
Council as Planning Authority.
Reason – In the interests of protecting environmental
quality and of biodiversity. 
Justification
The proposal is in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
Procedural Notes
Permission shall not to be issued until the Section 75 Agreement
has been signed and registered to take account of this
application. The legal agreement should be concluded and
completed within 4 months of the date of any Committee
approval. Failure to conclude a legal agreement within 4 months
will result in the planning application being re-assessed through
failing to comply with the associated developer contributions
policy and may be ultimately recommended for refusal under
delegated powers. 
Informatives
1. Under section 27A of the Town and Country Planning
(Scotland) Act 1997 (as amended) the person
undertaking the development is required to give the
Planning Authority prior written notification of the date on
which it is intended to commence the development. A
failure to comply with this statutory requirement would
constitute a breach of planning control under section
123(1) of that Act, which may result in enforcement action
being taken. Please use the form attached herewith.
2. As soon as practicable after the development is
complete, the person who completes the development is
obliged by section 27B of the Town and Country Planning
(Scotland) Act 1997 (as amended) to give the Planning
Authority written notice of that position. Please use the
form attached herewith.
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3. 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.
4. 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.
5. 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.
6. The applicant is advised to refer to Perth & Kinross
Council's Supplementary Guidance on Flood Risk and
Flood Risk Assessments 2021 as it contains advice
relevant to your development.
https://www.pkc.gov.uk/ldp2floodrisk
7. Application for a new postal address should be made via
the Street Naming and Numbering page on the Perth &
Kinross Council website at www.pkc.gov.uk/snn. Please
note there is a charge for this service and submission
cannot be made until the relevant Building Warrant has
been approved.
8. This development will require the 'Display of notice while
development is carried out', under Section 27C(1) of the
Town and Country Planning Act 1997, as amended, and
Regulation 41 of the Development Management
Procedure (Scotland) Regulations 2013. The form of the
notice is set out in Schedule 7 of the Regulations and a
draft notice is included for your guidance. In accordance
with Regulation 41 the notice must be:
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Page 24

• Displayed in a prominent place at or in the vicinity of
the site of the
• development 
• Readily visible to the public
• Printed on durable material
9. No work shall be commenced until an application for
building warrant has been submitted and approved.
10. 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 layout and
connections through the site.
11. The applicant is advised that any proposed signage will
require a further application to be submitted for
advertisement consent unless it benefits from express
consent as per the Town and Country Planning (Control
of Advertisements) (Scotland) Regulations 1984. 
In terms of Standing Order 21.5, a roll call vote was taken. 
5 Members voted for the Motion as follows:
Councillors K Allan, B Brawn, D Cuthbert, A Forbes and C Reid. 
8 Members voted for the Amendment as follows:
Councillors K Harvey, D Illingworth, B Leishman, I Massie, Bailie
C McLaren, Councillors T McEwan, I MacPherson and G
Stewart. 
Resolved:
In accordance with the Amendment. 
THERE FOLLOWED A 45 MINUTE RECESS AND THE MEETING RECONVENED
AT 2:30PM. 
BAILIE C MCLAREN SUBMITTED APOLOGIES FOR THE REMAINDER OF THE
MEETING. 
(iii) 22/02231/FLM – Formation of a 49.99MW battery energy
storage compound comprising battery storage units,
ancillary buildings and equipment, bogland restoration,
landscaping and associated works, Shindour, Feddal Hill
Wood, Braco 
Resolved:
Grant, subject to the following terms, conditions and
informatives: 
General
1. This planning permission will last only for three years
from the date of this decision notice, unless the
development has been lawfully started within that period.
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Reason – This is a Planning Permission in terms of
Section 58 of the Town and Country Planning (Scotland)
Act 1997, as amended by Section 32 of the Planning
(Scotland) Act 2019.
2.  The development hereby approved must be carried out in
accordance with the approved drawings and documents,
unless otherwise provided for by conditions imposed by
this decision notice.
Reason – To ensure the development is carried out in
accordance with the approved drawings and documents.
3. The battery energy storage units and ancillary
infrastructure shall be removed from the site no later than
50 years after the date when the operation is first brought
into use unless otherwise approved by the Planning
Authority through the grant of a further planning
permission following submission of an application. Written
confirmation of the commencement date of first operation
shall be provided to the Planning Authority within one
month of that date.
Reason – In order to limit the permission to the expected
operational lifetime of the battery storage units and to
allow for restoration of the site in the event that the use is
not continued by a further grant of planning permission
for a similar form of development.
Roads and Access
4. Prior to the commencement of the development hereby
approved, the developer shall submit for the further
written agreement of the Council as Planning Authority, in
consultation with the Roads Authority, 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;
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(g) arrangements for cleaning of roads affected by
material deposited from construction sites
associated with the development;
(h) arrangements for signage at site accesses and
crossovers and on roads to be used by
construction traffic in order to provide safe access
for pedestrians, cyclists and equestrians;
(i) details of information signs to inform other road
users of construction traffic;
(j) arrangements to ensure that access for
emergency service vehicles are not impeded;
(k) co-ordination with other significant developments
known to use roads affected by construction traffic;
(l) traffic arrangements in the immediate vicinity of
temporary construction compounds;
(m) monitoring, reporting and implementation
arrangements;
(n) arrangements for dealing with non-compliance;
and
(o) details of HGV movements to and from the site.
The TMS as approved shall be strictly adhered to during
the entire site construction programme to the satisfaction
of the Council as Planning Authority.
Reason – To minimise interference with the safety and
free flow of the traffic on the access road off the B8033
road.
5. Prior to the commencement of development, a
comprehensive Construction Traffic Management Plan
shall be submitted for the approval of the Planning
Authority, after consultation with Transport Scotland
Reason – To minimise interference with the safety and
free flow of the traffic on the trunk road.
Health and Safety
6. Not less than two months from the date of this planning
permission, a detailed scheme for the management of
vehicles crossing of the National Grid pipeline at Easting
282178; Northing 709479 and any necessary
reinforcement works of that road and or crossing shall be
submitted to, and approved in writing by, the Planning
Authority in consultation with National Grid. The scheme
shall include the frequency of vehicle movements during
both the construction and operational phases of
development, specify vehicle weights and set out the
technical specification of the reinforcement works to the
road or crossing point and their delivery. Thereafter, the
scheme shall be implemented in complete accordance
with the approved scheme and all reinforcement works
complete prior to the commencement of development
hereby approved.
Reason – In order to ensure that suitable vehicle crossing
arrangements are provided.
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Amenity
7. 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 20 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 the interests of residential amenity; to ensure
a satisfactory standard of local environmental quality.
8. Construction work shall be limited to Monday to Friday
0700 hours to 1900 hours and Saturday 0800 hours to
1300 hours with no noisy works out with these times or at
any time on Sundays or bank holidays (as identified by
Scottish Government).
Reason – In the interests of residential amenity; to ensure
a satisfactory standard of local environmental quality.
Landscape
9. Prior to the commencement of the development hereby
approved, a detailed boundary landscaping and planting
scheme 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 by the site
operator.
Reason – To ensure a satisfactory standard of
development and environmental quality and to reserve
the rights of the Planning Authority.
10. 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 long-term implementation of the proposed
planting scheme.
Ecology
11. A minimum of two months prior to the commencement of
development, a site-specific Construction Environmental
Management Plan (CEMP) which shall include a
Construction Method Statement (CMS) shall be submitted
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to and approved by the Council as Planning Authority in
consultation with key stakeholders as deemed
appropriate. The CEMP must also include a Pollution
Prevention Plan (PPP), Invasive Management Plan
(IMP), Site Waste Management Plan (SWMP), Site
Access Management Plan (SAMP), Construction
Exclusion Zone (CEZ), Construction Traffic Management
Plan (CTMP), Environmental Management Plan (EMP).
Proposed measures for bog restoration methods,
monitoring and ongoing long-term aftercare and
maintenance shall be included. Measures to ensure the
public road network is kept free from mud or debris shall
also be required. The CEMP will remain a live document,
any working practices deemed to be having an adverse
impact on ecology or the environment will be the subject
of revision. All revisions must be submitted to the
Planning Authority as soon as reasonably practicable.
Thereafter the development shall be fully undertaken in
accordance with the agreed CEMP.
Reason - In the interest of protecting environmental
quality and of biodiversity. To minimise any associated
adverse landscape and visual impact of the above ground
elements and protect the character and visual amenity of
the immediate and surrounding countryside and
associated nature and cultural heritage conservation
interests.
12. 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:
(a) Overseeing the implementation of the Construction
Environmental Management Plan (CEMP) and
habitat restoration approved by this permission.
(b) 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.
(c) Prior to the commencement of development, they
shall provide an environmental / ecological toolbox
talk for construction staff.
(d) 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.
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(e) 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.
(f) 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.
(g) 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, (including re-instatement and de-
commissioning of the construction compounds) 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 – To avoid habitat damage and safeguard
natural heritage interests.
13. 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.
Reason – In order to prevent animals from being trapped
within any open excavations.
14. A minimum of two months prior to the commencement of
development, a Detailed Peat Management Plan shall be
submitted for the written approval of the Council as
Planning Authority, in consultation with SEPA and the
Council's Biodiversity/Tree Officer, and all work shall be
carried out in accordance with the agreed plan.
Reason – In the interests of protection of existing
peatland.
15. A minimum of two months prior to the commencement of
development, an updated Habitat Management Plan shall
be submitted for the written approval of the Council as
Planning Authority, in consultation the Council's
Biodiversity/Tree Officer, and all work shall be carried out
in accordance with the agreed plan.
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Reason – In the interests of protecting environmental
quality and of biodiversity.
16. The conclusions and recommended action points within
the supporting Ecological Appraisal (October 2022)
(drawing number 14) and Habitat Survey (October 2022)
(drawing number 15) submitted and hereby approved
shall be fully adhered to, respected, and undertaken as
part of the construction phase of development.
Reason – In the interests of protecting environmental
quality and of biodiversity.
17. Prior to the commencement of the development hereby
approved, final details of the proposed boundary fencing
for the site shall be submitted for the written agreement of
the Council as Planning Authority. For the avoidance of
doubt the fencing will be required to be deer proofed. The
scheme as subsequently agreed shall be implemented
prior to the completion or bringing into use of the
development, whichever is the earlier.
Reason – In the interests of protecting environmental
quality and of biodiversity.
18. Prior to the commencement of development, the
developer shall provide full written details of a scheme for
mitigating any potential effects on reptiles on the site
during the construction and operation of the energy
storage project. This shall include:
• The deployment and searching of artificial reptile
refugia to allow the capture and relocation to a
suitable and safe area of reptiles within the site. Such
measures to be undertaken during the reptile active
period of May to October (inclusive).
• After an agreed period with no reptile captures, the
site shall be cleared outward to an agreed
methodology from the site centre to allow any
remaining/undetected reptiles to disperse into
adjacent habitats.
• The site shall then be maintained with no vegetation
cover until construction works commence.
• Habitat clearance works shall be undertaken during
the reptile's active phase i.e., April - October
(inclusive).
• Details of proposals for the creation of reptile
hibernacula within the site.
Reason – In the interests of protecting environmental
quality and of biodiversity.
Drainage
19. Development shall not commence on site until a detailed
sustainable urban drainage system (SUDS) has been
submitted for the further written agreement of the Council
as Planning Authority, in consultation with SEPA where
necessary. The scheme shall be developed in
accordance with the technical guidance contained in The
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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 appropriate and
effective drainage for the site.
Finishes
20. 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.
Project Lifespan and Site Aftercare
21. In the event the hereby approved development fails to
store electricity on a commercial basis for a continuous
period of 12 months, then it shall be deemed to have
permanently ceased to be required. In such an event, the
development shall be decommissioned, and the relevant
parts of the site brought into an agreed condition within
such timescale as agreed in writing by the Council as
Planning Authority.
Reason – To ensure the facility is removed from the site
at the end of its operational life, to ensure no adverse
impact on the visual amenity of the area and a satisfactory
standard of local environmental quality.
Restoration
22. The restoration of the site shall be completed in full within
12 months of its decommissioning and shall be
undertaken in full accordance with the submitted
restoration scheme to be approved under conditions 23
and 24 of this permission and shall thereafter be
maintained to the satisfaction of the Council as Planning
Authority.
Reason – In the interests of visual and residential
amenity.
23. Within 6 months of the date of this decision notice, a
detailed decommissioning and restoration scheme for the
application site shall be submitted to and approved in
writing by the Planning Authority. The scheme shall set
out the means for restoring the site to blanket bog
following the removal of the components of the
development. The applicants shall obtain written
confirmation from the Planning Authority that all
decommissioning has been completed in accordance with
the approved scheme and (unless otherwise dictated
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through the grant of a new planning permission for a
similar form of development) the restoration of the site
shall be implemented in accordance with the approved
details and in accordance with the timescales outlined in
condition 22 of this permission and in any case before the
expiry of the time period set by condition 3 of this
planning permission.
Reason – In the interests of visual and residential
amenity.
24. Prior to the commencement of the final restoration and
re-instatement of the application site as required by
conditions 22 and 23 of this permission a detailed
scheme with final contours and an aftercare management
plan for the site shall be submitted to and approved in
writing by the Planning Authority. Thereafter the approved
scheme shall be implemented in full.
Reason – To ensure that final contours and an updated
restoration plan and aftercare plan are submitted prior to
the site ceasing operation thereby ensuring appropriate
restoration in the interests of visual amenity and to
minimise impacts on the landscape.
25. The approved bond or financial instrument shall be
maintained throughout the duration of the operation of the
development hereby approved. At five-yearly intervals (as
a minimum) from the commencement of the
development, an independent review of the approved
bond or financial instrument shall be carried out and
submitted to the Council as Planning Authority. The
Council as Planning Authority may direct that the
approved bond or financial instrument be amended if this
is necessary to ensure that funds remain sufficient to
cover the removal of all development granted by this
permission and the site's restoration.
Reason – To ensure that at all times there are sufficient
funds available to ensure that the removal of all
development and site restoration can occur. 
Justification
The proposal is in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
Procedural Notes
Permission shall not be issued until a Section 75 legal
agreement has been signed and registered to take account of
the bond associated with this application. The legal agreement
should be concluded and completed within 4 months of the date
of any Committee approval.  Failure to conclude a legal
agreement within 4 months will result in the planning application
being re-assessed through failing to comply with the relevant
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policies and may ultimately be recommended for refusal under
delegated powers. 
Informatives
1. Under section 27A of the Town and Country Planning
(Scotland) Act 1997 (as amended) the person
undertaking the development is required to give the
Planning Authority prior written notification of the date on
which it is intended to commence the development. A
failure to comply with this statutory requirement would
constitute a breach of planning control under section
123(1) of that Act, which may result in enforcement action
being taken. Please use the form attached herewith.
2. As soon as practicable after the development is
complete, the person who completes the development is
obliged by section 27B of the Town and Country Planning
(Scotland) Act 1997 (as amended) to give the Planning
Authority written notice of that position.  Please use the
form attached herewith.
3. This development will require the 'Display of notice while
development is carried out', under Section 27C(1) of the
Town and Country Planning Act 1997, as amended, and
Regulation 41 of the Development Management
Procedure (Scotland) Regulations 2013. The form of the
notice is set out in Schedule 7 of the Regulations and a
draft notice is included for your guidance. In accordance
with Regulation 41 the notice must be:
• Displayed in a prominent place at or in the vicinity of
the site of the development 
• Readily visible to the public 
• Printed on durable material.
4. 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.
5. An application for Building Warrant may be required.
6. The applicant is reminded that, under the Wildlife and
Countryside Act 1981, as amended (section 1), it is an
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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.
7. The applicant is reminded that, should any protected
species be present a licence may be required from
NatureScot to disturb a protected species. Failure to
obtain a licence may constitute a criminal act under the
Habitats Regulations and penalties are severe for non-
compliance.
8. 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.
9. The applicant should take note of the information and
advice contained within the consultation response from
Scottish Water.
10. The applicant should take note of the information and
advice contained within the consultation response from
Natural Gas. 
(2) Local Applications 
(i) 23/01044/FLL – Change of use of storage shed to form a
shop, siting of a workshop unit for furniture
recycling/restoration, formation of parking area and
associated works, land north east of Causeway Cottage,
Scotlandwell, Kinross 
Resolved:
Grant, subject to the following terms, conditions and
informatives: 
1. The development hereby approved must be carried out in
accordance with the approved drawings and documents,
unless otherwise provided for by conditions imposed by
this decision notice.
Reason – To ensure the development is carried out in
accordance with the approved drawings and documents.
2. 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
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windows slightly open, when measured and/ or calculated
and plotted on a rating curve chart.
3. Reason – In order to safeguard the neighbouring
residential amenity in the area.
The hours of operations shall be restricted to 0700 hours
to 1900 hours daily.
Reason – In order to safeguard the neighbouring
residential amenity in the area.
4. The retail floor space shall be restricted to the sale of
furniture and associated home furnishing/décor goods in
the area as annotated as retail on plan ref 07.
Reason – In order to control and limit the retail element of
the proposal. 
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. 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.
2. An application for Building Warrant may be required. 
(ii) 23/01262/IPL – Erection of a dwellinghouse (in principle),
land 75 metres north west of Mullmac, Saucher, Kinrossie,
Perth 
Mr S Geddes, objector to the application, addressed the
Committee via telephone and answered Members’ questions. 
Motion (Councillors B Brawn and C Reid) 
Refuse, as the proposal is contrary to Policy 50 of Perth and
Kinross Local Development Plan 2 (2019) due to the proposed
use of prime agricultural land. 
Amendment (Councillors T McEwan and I Massie) 
Grant, subject to the following terms, conditions and
informatives: 
1. The development shall not commence until the following
specified matters have been the subject of a formal
planning application for the approval of the Council as
Planning Authority: the siting, design and external
appearance of the development which should accord with
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the indicative layout as indicated on approved drawing
09, the hard and soft landscaping of the site, all means of
enclosure, means of access to the site, road layout,
vehicle parking and turning facilities, levels, drainage
including the disposal of surface water and waste
management provision.
Reason – This is a Planning Permission in Principle
under Section 59 of the Town and Country Planning
(Scotland) Act 1997 as amended by Section 21 of the
Planning etc. (Scotland) Act 2006.
2. This planning permission in principle will last only for five
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 Principle in
terms of Section 59 of the Town and Country Planning
(Scotland) Act 1997, as amended by Section 32 of the
Planning (Scotland) Act 2019.
3. Further to Condition 1 above, a detailed protected
species survey covering the site shall be submitted as
part of the specified matters requiring to be the subject of
a further formal planning application for the approval of
the Council as Planning Authority.  The report shall
include appropriate mitigations to protect any identified
species.
Reason – In the interests of protecting environmental
quality and of biodiversity.
4. All existing trees and hedging on the site shall be retained
and their retention or proposed lopping, topping or felling
shall be shown in the submission of the matters specified
in Condition 1 above.
Reason – To ensure a satisfactory standard of
development and environmental quality and to reserve
the rights of the Planning Authority.
5. The development shall be in accordance with the
requirements of Perth & Kinross Council's Developer
Contributions and Affordable Housing Supplementary
Guidance 2020 in line with Policy 5: Infrastructure
Contributions of the Perth & Kinross Local Development
Plan 2 (2019) with particular regard to primary education
infrastructure, or such subsequent Guidance and Policy
which may replace these.
Reason – To ensure the development is in accordance
with the terms of the Perth and Kinross Local
Development Plan 2 (2019) and to comply with the
Council's policy on Developer Contributions and
Affordable Housing Supplementary Guidance 2020. 
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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Informatives 
1. No work shall be commenced until an application for
building warrant has been submitted and approved.
2. 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. 
In terms of Standing Order 21.5, a roll call vote was taken. 
3 Members voted for the Motion as follows:
Councillors K Allan, B Brawn and C Reid. 
8 Members voted for the Amendment as follows:
Councillors D Cuthbert, K Harvey, D Illingworth, B Leishman,
I Massie, T McEwan, I MacPherson and G Stewart. 
In terms of Standing Order 24.1, Councillor A Forbes advised he
lost internet connection and therefore was not present during
consideration of the whole item, and subsequently unable to
participate in the decision. 
Resolved:
In accordance with the Amendment. 
6. PROPOSAL OF APPLICATION NOTICES (PAN) 
(i) 23/00011/PAN – Formation of 49.9MW battery energy storage
facility, formation of access and associated works, land 400
metres south east of Endrigg, Jamesfield, Newburgh, Cupar 
Councillor Cuthbert requested due consideration be given to the
cumulative impact of similar sites nearby and the associated fire risk. 
The contents of the Head of Planning & Development’s Report were
noted. 
(ii) 23/00012/PAN – Formation of a 49.9MW solar farm comprising
ground mounted solar arrays, inverters, transformers, a
substation, a DNO substation, battery storage facility, security
fencing, CCTV cameras, cabling, access tracks and associated
works, Kinnon Park Farm, Methven, Perth 
Councillor Illingworth requested due consideration be given to
employment impacts, particularly with regard to arable land in
comparison to a solar farm, loss of prime agricultural land and food
producing land, visual impacts, use of chemicals for cleaning, the core
path network, impact on local housing and impacts on flooding. 
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Councillor Cuthbert requested due consideration be given to elevation
of solar panels to allow land beneath to be utilised and minimise loss of
arable land. 
Councillor McEwan requested due consideration be given to glare from
solar panels onto the nearby roads. 
The contents of the Head of Planning & Development’s Report were
noted. 
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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. 23/307) 
PROPOSAL: Erection of replacement polytunnels (in part retrospect) 
LOCATION: Colbeggie Farm, Kettins, Blairgowrie, PH13 9HA 
Ref. No: 22/01359/FLM
Ward No: P2- Strathmore 
Summary 
This application is for a major development for the erection of replacement
polytunnels at Colbeggie Farm, Kettins (in part retrospect). 
The proposal is to replace the existing temporary polytunnels with more permanent
insulated polytunnel structures, covering a similar footprint as those before. The
intention of the proposal is to modernise the current operations at the site and
enhance growing abilities across the site. 
BACKGROUND AND DESCRIPTION OF PROPOSAL 
1.  Colbeggie Farm is situated due east of Coupar Angus and is located on a branch
road linking the hamlet of Markethill and the village of Ardler. The application site
is situated to the north of a public road which passes through the farm. The
topography of the site is generally flat and extends to approximately 14.5
hectares. The application site is not allocated for any particular use within the
adopted Perth and Kinross Local Development Plan and is on an area of open
farmland. 
2.  The existing farm buildings include storage and packing facilities, biomass boiler
house and fuel storage, water tanks, and an honesty shop. Caravan
accommodation for temporary workers is located to the north of the access road.
Existing mature trees run along the access road, and there are some groupings
of trees and hedges along the farm boundaries. The vegetation along the north-
west boundary is denser and provides visual screening from the road. The north-
west boundary is defined by a ditch which lies adjacent to the hedgerows.
Furthermore, the farm is surrounded on all sides by agricultural fields. 
3.  Existing polytunnels are arranged in terraced rows in six blocks with access
tracks in between. It is proposed to replace the existing temporary polytunnels
5(1)(i)
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with more permanent, insulated polytunnel structures. Some of the works have
already been undertaken. Furthermore, it is proposed to reuse the existing site
layout as much as possible and preserve the existing links within and beyond the
site. There are no proposed changes to the access to the site. 
Pre-Application Consultation 
4. 15/00167/PREAPP – Relocation of polytunnels – Enquiry received to query
whether planning permission was required or not. 
5. 19/00112/PREAPP – Replacement of polytunnels – Enquiry received to query
whether planning permission was required or not.  
NATIONAL POLICY AND GUIDANCE 
6. 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.   
National Planning Framework 4 
7.  The National Planning Framework 4 (NPF4) was approved by the Scottish
Parliament on 11 January 2023. NPF4 has an increased status over previous
NPFs and comprises part of the statutory development plan. 
8.  The Council’s assessment of this application has considered the policies of NPF4
and it is considered that the development proposal accords with the intentions of
this document. In this instance, the relevant polices are as follows: 
• Policy 1: Tackling the Climate and Nature Crisis
• Policy 2: Climate Mitigation and Adaptation
• Policy 3: Biodiversity
• Policy 5: Soils
• Policy 22: Flood Risk and Water Management
• Policy 29: Rural Development 
Planning Advice Notes 
9.  The following Scottish Government Planning Advice Notes (PANs) and Guidance
Documents are of relevance to the proposal: 
• PAN 40 Development Management
• PAN 61 Planning and Sustainable Urban Drainage Systems
• PAN 69 Planning and Building standards Advice on Flooding  
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Creating Places 2013 
10.  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. 
National Roads Development Guide 2014 
11.  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. 
DEVELOPMENT PLAN 
12.  The Development Plan for the area comprises NPF4 (as mentioned above), and
the Perth and Kinross Local Development Plan 2 (2019). 
Perth and Kinross Local Development Plan 2 
13.  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. 
14. The principal relevant policies are, in summary: 
• Policy 1A: Placemaking
• Policy 1B: Placemaking
• Policy 8: Rural Business and Diversification
• Policy 39: Landscape
• Policy 41: Biodiversity
• Policy 53A: Water Environment and Drainage: Water Environment
• Policy 55: Nuisance from Artificial Light and Light Pollution
• Policy 60A: Transport Standards and Accessibility Requirements: Existing
Infrastructure 
15. Site History 
16. 04/02543/FUL Full planning permission was approved on 27 January 2005 for
alterations and extension to dwellinghouse 
17. 13/02253/PN On 3 January 2014 for installation of a biomass boiler 
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18. 13/02294/FLL Full planning permission was approved on 7 March 2014 for
installation of biomass boiler unit 
19. 14/01596/PN was approved on 28 November 2014 for erection of biomass boiler
shed 
20. 16/01080/FLL Full planning permission was approved on 15 August 2016 for
erection of biomass boiler house/fuel store and installation of flues 
21. 19/00006/PAN On 27 September 2019 for erection of replacement polytunnels 
22. 21/01613/FLL Full planning permission was approved on 17 December 2021 for
part change of use of agricultural building to form gin distillery including storage,
distribution, and associated works 
23. 22/00473/FLL Full planning permission was approved on 26 May 2022 for
erection of ancillary honesty shop 
CONSULTATIONS 
24. As part of the planning application process the following bodies were consulted: 
External 
Coupar Angus And Bendochy Community Council 
25. No response received. 
Kettins Parish Community Council 
26.  No response received. 
Meigle and Ardler Community Council 
27. No response received. 
Asset Protection Team (formerly National Grid) 
28.  Given the close proximity of the proposed polytunnels to a National Grid owned
high pressure gas pipeline, an initial objection to the proposed development was
submitted. However, an amended plan was submitted which shows the new
polytunnels positioned away from the Easement. The existing polytunnels can
remain in the pipeline Easement and can be maintained and repaired like for like,
but not upgrade. Therefore, the objection has been removed. 
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Scotland Gas Networks Plc (SGN) 
29.  Given the lack of SGN owned high pressure pipelines or gas mains at this
location, SGN have no objections to the proposed development 
Scottish Environment Protection Agency 
30.  SEPA has noted that this relates to the replacement of polytunnels which it is
understood from the Planning, Design and Access Statement to have been on
site since 1997. Therefore, SEPA have no site-specific comments and instead
recommends that the applicant refers to the standing advice in Table 2 of the
SEPA triage framework: guidance for planning authorities and SEPA in the first
instance. The applicant should also refer to SEPA’s Flood Risk Standing Advice
which includes a section covering open sided agricultural buildings and
structures (including poly-tunnels). 
Internal 
Biodiversity 
31.  The Biodiversity Officer requested the following measures are implemented: 
• Planting native trees and expand the existing hedgerows. 
• Providing nesting boxes for swallow, house martin and tree sparrows on the
storage sheds. 
• Planting native trees or shrubs around the irrigation pond. 
Environmental Health 
32. Given that the application site is surrounded by an existing working fruit farm and
there have been existing polytunnels on site for in excess of 20 years it is highly
unlikely that this development affecting the residential amenity of neighbouring
properties. As such, Environmental Health have no objections to the application
and no adverse comments to make. 
Transport Planning 
33.  The polytunnel replacement programme will involve all but one polytunnel to the
north of the public road network. In terms of matters relating to roads and roads
safety, there are no objections to the proposed development. 
Floods 
34.  The proposed development site is out with the floods extant, and, therefore, there
are no objections to the application. The applicant is advised to refer to Perth &
Kinross Council’s Supplementary guidance on Flood Risk and Flood
RiskAssessments2021 as it contains advice relevant to your development.
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Representations 
35.  No letters of representation have been submitted as a result of this application.
The application is only before the Planning & Placemaking Committee as it
constitutes a major development. 
ADDITIONAL STATEMENTS
36.  
Screening Opinion  No EIA required
Environmental Impact Assessment (EIA):
Environmental Report
Not Required
Appropriate Assessment under Habitats
Regulations
AA Not Required
Design Statement or Design and Access
Statement
Submitted
Report on Impact or Potential Impact e.g.,
Flood Risk Assessment
Not Required            
APPRAISAL 
37. Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as
amended) require the determination of the proposal to be made in accordance
with the provisions of the Development Plan unless material considerations
indicate otherwise.  The Development Plan comprises NPF4 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. 
Principle 
38. Given that there have been polytunnels on site and in use since 1997, the
principle of development has been established. Attention now turns towards the
design and detailing of the scheme. 
Design and Layout 
39.  It is proposed to use multi span polytunnels that are suitable for intense
cultivation.  Each polytunnel is 9.6m wide and 6.7m in height and is of a steel
construction with polycarbonate covers. The polytunnels have a solid structure,
advanced ventilation and indoor temperature control systems that make growing
flexible and easily adaptable to any weather conditions. The total length of the
proposed polytunnels will range from approximately 110 to 190m. The
polytunnels will be arranged in terraced rows and will have an overall floor area
of 101, 500 square metres, across the whole application site. The polytunnel swill
be orientated north- west to south – east across the site.
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Landscape and Soils 
40.  Perth and Kinross Council LDP 2, Policy 39: Landscape states that any
Development should not erode local distinctiveness, diversity, and quality of
Perth and Kinross’s landscape character. The proposed polytunnels would
replace existing structures of a similar design and scale. The polytunnels have
been an established feature at this location for a considerable period of time, and
the replacement with similar structures, would not cause any additional negative
visual impact on the landscape of the site and surrounding area. 
41. The introduction of polytunnels where crops are grown in raised beds, results in a
longer term growing solution, and one which is not soil dependant. This being the
case, the use of polytunnels greatly reduces any impacts on the landscape, and
will not have an adverse effect on soil quality. 
42. Given the scale and siting of the proposed works, there are no concerns about
impacts on the landscape of the area. As such, the proposal is in accordance
with Policy 4(d) of NPF4 and Policy 39 of LDP2. 
Residential Amenity 
43. Given the remote location of the application site, and the distances from
neighbouring, residential properties, there are no concerns about impacts on the
amenity of other residential properties. Furthermore, no additional artificial light is
required for the proposed development. It is also noted that no letters of
representation were received. As such, the proposal will not result in any loss of
residential amenity for neighbouring properties and is, therefore, in accordance
with Policy 16(g)(ii) of NPF4. 
Roads and Access      
44.  Perth and Kinross Council LDP2 Policy 60: Transport Standards and
Accessibility Standards states that encouragement will be given to the retention
of existing transport infrastructure. The site is not served by public transport;
however, it is easily accessible by car, and there is sufficient parking provision
available on site.  The existing access and parking arrangements are maintained
and are not affected by the proposal. Caravan accommodation for temporary
workers is provided in close proximity to the application site, so they do not need
to travel.  Other workers who live out with the farm, as well as visitors, can
access the site by walking or cycling. The proposal will not involve any additional
travel generation so it will not have any effect on the safe and efficient operation
of the existing road network. The proposal requires no amendments to the
access to the site. Furthermore, cycling parking facilities are currently available at
the farm. It is also noted that colleagues in Transportation and Development
have no objection to the proposed development. The proposed development is,
therefore, in accordance with LDP2 Policy 60. 
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Drainage and Flooding 
45. Perth and Kinross Council LDP2 Policy 53a: Water Environment and Drainage
states that all new development will be required to employ Sustainable Urban
Drainage. Systems. This requirement is addressed by the proposed surface
water drainage strategy. Given that the application site is out with the floods
extant, the application site is not at risk from flooding. 
46. The design of the proposed polytunnels includes purpose built gutters, which
carry the water via conventional downpipes to the irrigation pond, and therefore,
eliminating any surface water run- off. Furthermore, as the proposal replaces
existing polytunnels of a similar size and scale, and that there are no proposed
changes to the existing drainage provision and water supply, there will be no
increase in run – off. It is also noted that neither SEPA or the Council’s
Structures and Flooding Team have any objection to the proposal. The proposed
development is, therefore, in accordance with LDP2 Policy 53a. 
Natural Heritage and Biodiversity 
47. Local Development Plan Policy 41: Biodiversity applies. It is stated that no trees
or hedgerows will be felled as a result of the proposed development, and there is
no history of any protected species living on the application site. Condition 2 has
been recommended to ensure no trees are felled. In addition to retaining the
existing trees, the proposed development does afford the opportunity for
biodiversity enhancement. This being the case, it is recommended the that native
trees should be planted throughout the site and the existing hedgerows should
be expanded. In addition, nesting boxes for swallow, house martin and tree
sparrow, should be erected on the storage sheds. Furthermore, native trees and
shrubs should be planted around the irrigation pond. Conditions 3 and 4 are
recommended to secure the recommended biodiversity enhancements. The
proposed development is, therefore, in accordance with LDP2 Policy 41:
Biodiversity and NPF4 Policy 3: Biodiversity. 
Economic Impact 
48.   The farm currently employs 220 people. Of these, 20 are full time with the
remainder seasonal workers. However, as the new insulated polytunnels extend
the growing season, it is anticipated that full time employees will increase to 80
and seasonal employees reducing to around 120. In light of this, the proposal will
contribute to the local economy through the provision of more permanent
employment as required by LDP2 Policy 58: Rural Business and Diversification. 
Developer Contributions     
49.   The Developer Contributions Guidance is not applicable to this application and
therefore, no contributions are required in this instance. 
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PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
50. None required. 
DIRECTION BY SCOTTISH MINISTERS 
51. 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 
52. 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. 
RECOMMENDATION 
53.  It is recommended that planning permission for the proposed development is
approved, subject to the following conditions.   
Conditions and Reasons for Recommendation 
1.  The proposed development must be carried out in accordance with the approved
drawings and documents, unless otherwise provided for by conditions imposed
on the planning consent. 
Reason: To ensure that the development is carried out in accordance with the
plans approved. 
2.  All trees on site, other than those marked for felling on the approved plans, 
shall be retained. 
Reason: Reason:  In the interests of protecting environmental quality and of
biodiversity. 
3. Within 2 months of the date of this decision notice, a plan shall be submitted to,
and for the written approval of, the Planning Authority showing the locations and
details of bird boxes for swallow, house martin and tree sparrow. Thereafter, the
agreed scheme shall be installed within 1 month of the date of the acceptance of
the scheme, and maintained for the life of the development, to the satisfaction of
the Council as Planning Authority. 
Reason: In the interests of protecting environmental quality and of biodiversity.
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4.  Within 2 months of the date of this decision notice, a landscaping plan shall be
submitted to, and for the written approval of, the Planning Authority, showing
areas of proposed planting of native trees, and the expansion of existing
hedgerows, and including planting around the irrigation pond. Thereafter, the
agreed scheme shall be implemented to the satisfaction of the Council as
Planning Authority in the first available planting season. 
Reason: In the interests of protecting environmental quality and of biodiversity. 
5. Should the polytunnels become redundant or unused, within 6 months of them
becoming redundant or unused, the polytunnels shall be removed and the site re-
instated to its pre-development condition, all to the satisfaction of the Council as
Planning Authority. 
Reason:  In the interests of visual amenity; to ensure a satisfactory standard of
local environmental quality. 
B JUSTIFICATION 
58. The proposal is in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan. 
C PROCEDURAL NOTES 
None applicable. 
D INFORMATIVES 
1. 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. 
2.  An application for Building Warrant may be required. 
3.  The applicant is advised to refer to Perth & Kinross Council's Supplementary
Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice
relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 
4.  The applicant is advised that any proposed signage will require a further
application to be submitted for advertisement consent unless it benefits from
express consent as per the Town and Country Planning (Control of
Advertisements) (Scotland) Regulations 1984. 
5. This development will require the 'Display of notice while development is carried
out', under Section 27C(1) of the Town and Country Planning Act 1997, as
amended, and Regulation 41 of the Development Management Procedure
(Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of
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the Regulations and a draft notice is included for your guidance. In accordance
with Regulation 41 the notice must be: 
• Displayed in a prominent place at or in the vicinity of the site of the
development 
• Readily visible to the public 
• Printed on durable material 
6. This application was varied prior to determination, in accordance with the terms
of section 32A of the Town and Country Planning (Scotland) Act 1997, as
amended. The variations incorporate changes to the layout to account for the
existing pipeline.  
7. The applicant should be aware of the gas pipeline which passes through the site
and should consult with the National Grid prior to any further works being
undertaken. 
8. 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.   
Contact Officer:  Alan Atkins
Background Papers:  None
Date:     3 November 2023 
DAVID LITTLEJOHN
STRATEGIC LEAD – ECONOMY, DEVELOPMENT & PLANNING 
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23/01359/FLM
Erection of replacement polytunnels (in part retrospect) at Colbeggie Farm, Kettins,
Blairgowrie, PH13 9HA
Planning and Placemaking
Committee - 15 November 2023
Created by Kirsty Strong on 28 September 2023
© Crown copyright and database rights 2023 Ordnance Survey
100016971. You are permitted to use this data solely to enable you to
respond to, or interact with, the organisation that provided you with
the data. You are not permitted to copy, sub-licence, distribute or sell
any of this data to third parties in any form. Scale 1:10000
5(1)(i)
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Page 52

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Page 53

23/01359/FLM
Erection of replacement polytunnels (in part retrospect) at Colbeggie Farm, Kettins,
Blairgowrie, PH13 9HA
Planning and Placemaking
Committee - 15 November 2023
Created by Kirsty Strong on 28 September 2023
© Crown copyright and database rights 2023 Ordnance Survey
100016971. You are permitted to use this data solely to enable you to
respond to, or interact with, the organisation that provided you with
the data. You are not permitted to copy, sub-licence, distribute or sell
any of this data to third parties in any form. Scale 1:5000
5(1)(i)
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Page 54

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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. 
5(2)(i)
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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 
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22/01191/FLL
Erection of 16 dwellinghouses (3 with detached garages, one with detached garage/ancillary accommodation), formation
of 6 plots for affordable dwellinghouses, formation of SUDS pond, landscaping and associated works Land 100 Metres
South East of Cragton Villa Rost Gardens Scotlandwell
Planning and Placemaking
Committee 15 November 2023
Created by Kirsty Strong on 26 October 2023
© Crown copyright and database rights 2023 Ordnance Survey
100016971. You are permitted to use this data solely to enable you to
respond to, or interact with, the organisation that provided you with
the data. You are not permitted to copy, sub-licence, distribute or sell
any of this data to third parties in any form. Scale 1:6000
5(2)(i)
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23/00276/FLL
Erection of dwellinghouse, formation of parking and associated works at Land 40 Metres
North East Of Birchwood Cottage, St Mary’s Road, Birnam
Planning and Placemaking
Committee 15 November 2023
Created by Kirsty Strong on 26 October 2023
© Crown copyright and database rights 2023 Ordnance Survey
100016971. You are permitted to use this data solely to enable you to
respond to, or interact with, the organisation that provided you with
the data. You are not permitted to copy, sub-licence, distribute or sell
any of this data to third parties in any form. Scale 1:2500
5(2)(i)
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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. 23/309) 
PROPOSAL: Erection of 16 dwellinghouses (3 with detached garages, one with
detached garage/ancillary accommodation), formation of 6 plots
for affordable dwellinghouses, formation of SUDS pond,
landscaping and associated works 
LOCATION: Land 100 Metres South East of Cragton Villa, Rost Gardens,
Scotlandwell 
Ref. No: 22/01191/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.  Prior to the
release of planning permission, the applicant shall either require to enter into a
satisfactory agreement with the Planning Authority to secure: the necessary provision
of the serviced plots for affordable housing; and contributions for community open
space. 
BACKGROUND AND DESCRIPTION OF PROPOSAL 
1 Planning permission is sought for the erection of 16 dwellinghouses and the
formation of 6 serviced plots for affordable housing on a site on the southern
edge of Scotlandwell that is allocated for housing (Site H54) in the Perth and
Kinross Local Development plan (2019).  That allocation identifies the 1.7ha site
for between 21-32 homes.   
2 The area to be developed is currently an agricultural field bounded by existing
hedges to the east, west and south.  A field access transects the northern
boundary of the site.  The Causeway/B920 public road runs to the west, whilst
existing modern housing on Friar Place is to the north, with the Scotlandwell
Conservation Area beyond.   The proposal includes a SUDS basin in the south
east corner, which will be landscaped.  Two vehicle accesses are proposed onto
the B920, with one at the point of an existing field access and the other to the
south of six self-build/affordable plots. 
5(2)(ii)
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3 14 of the proposed houses are four bed detached properties with
accommodation over two levels, the other 2 two bed detached and single storey. 
All are to be finished in brick, render and timber with slate and pantile roofs on
the four bedded units and slate roofs on the bungalows.  Plots 1 – 3 in the south-
west area have detached garages with an internal width of around 4.5m.  Plot 4
has a larger garage (c.6.5m) with ancillary living accommodation above.  Plots 5
to 16 all have integrated garages around 3m in width.  The details of the 6
affordable plots will be subject to further planning applications and will be subject
to design criteria to be approved via condition and in consultation with the
Council’s Affordable Housing enablers. 
4 An earlier application (21/00997/FLL) for 22 dwellinghouses was withdrawn in
October 2022.  This current application is a re-thinking of that proposal, with 6 of
the plots for affordable housing – the self-build plots. 
Pre-Application Consultation 
5 Pre application Reference: 22/00197/PREAPP related to Erection of 16no
dwelling houses and proposed land for 6 no affordable custom build dwelling
houses and associated work  
6 Pre-application advice was given to the applicant, however due to the tight timing
of this being issued and the re-submission some issues raised in the pre-
application response were not included and have led to subsequent amendments
to the proposals whilst the application has been under consideration. 
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:
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• Policy 1: Tackling the Climate and Nature Crisis
• Policy 2: Climate Mitigation and Adaptation
• Policy 3: Biodiversity
• Policy 4: Natural Places
• Policy 5: Soils
• Policy 6: Forestry, Woodland and Trees
• Policy 7: Historic Assets and Places
• Policy 13: Sustainable Transport
• Policy 14: Design, Quality and Place
• Policy 15: Local Living and 20 Minute Neighbourhoods
• Policy 16: Quality Homes
• Policy 18: Infrastructure First
• Policy 22: Flood Risk and Water Management 
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 14B: Open Space Retention and Provision: Open Space within New
Developments
• Policy 17: Residential Areas
• Policy 25: Housing Mix
• Policy 26B: Scheduled Monuments and Archaeology: Archaeology
• Policy 28A: Conservation Areas: New Development
• Policy 32: Embedding Low & Zero Carbon Generating Technologies in New
Development
• Policy 39: Landscape
• Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and
Development
• Policy 41: Biodiversity
• Policy 51: Soils
• Policy 52: New Development and Flooding
• Policy 53: Water Environment and Drainage
• Policy 56: Noise Pollution
• Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
The following site specific development requirements for H54 are set out in the
LDP: 
• Houses to be a maximum of one and a half storeys in height.
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• Flood Risk Assessment.
• Enhanced traffic calming at village edge.
• Form access from B920, The Causeway.
• Landscape Framework.
• Feasibility study to assess the restoration of the existing culvert.
• Open watercourses retained and minimum 6m buffer strip.
• An appropriate peat survey and management plan to minimise impact and
implement suitable mitigation measures. 
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) 
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
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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. 
Site History 
19 17/0035/LDP2 A submission was made in 2017 to include the site as a LDP
proposal for a residential development of 21-32 units on a 1.7 ha site. At that
time, it was acknowledged that the site had previously been allocated for the
proposed use. 
20 21/00997/FLL A Full Planning Permission application was Withdrawn on 29
October 2021 for Erection of 22 dwellinghouses, 3 garages and a garage with
ancillary accommodation, formation of SUDS pond, landscaping and associated
works (LDP site H54). 
CONSULTATIONS 
21 As part of the planning application process the following bodies were consulted: 
External 
Scottish Environment Protection Agency 
22 No objection, following submission of information on flood risk and peat
management.  A ground investigation report including soil sampling confirmed
that the soils do not meet the criteria for being peat soil.  Furthermore, the
assessment of flood risk also demonstrated to SEPAs satisfaction that the site is
not in the flood risk area of the River Leven. 
Scottish Water 
23 No objection.  Confirm that there is sufficient capacity in the Glenfarg Water
Treatment Works to service the development.  Also confirm that there is sufficient
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capacity for a foul only connection to the Levenmouth WWTW.  They also
provide advice for the applicant on Scottish Water requirements. 
(Portmoak) Scottish Gliding Centre 
24 No comments. 
Perth And Kinross Heritage Trust 
25 No objection, subject to a condition to ensure archaeological recording of site is
undertaken prior to commencement of development. 
Portmoak Community Council 
26 Object.  Concerns raised about affordable housing provision, impact on peat,
placemaking and housing mix. 
Internal 
Transportation And Development 
27 No objection, subject to conditions and informatives. 
Structures And Flooding 
28 No objection, subject to condition relating to drainage.  Advise that Flood Team
require a detailed SUDS design (be approved) prior to commencement of
development. 
Development Contributions Officer 
Education 
29 No education contribution required. 
Affordable Housing 
30 The Council's Affordable Housing Policy requires that 25% of the total number of
houses, above a threshold of 5 units, is ‘affordable housing’. 
31 This sees a requirement for 5.5 affordable units. The plans include 6 custom
build plots, and this is permissible in relation to the Developer Contributions &
Affordable Housing Supplementary Guidance, which states that discounted
serviced plots for self-build can contribute to a site's affordable housing
requirement, particularly in rural areas (para 7.9). 
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Affordable Housing Enabler 
32 Supports the provision of 6 serviced affordable housing plots. 
Development Plan 
33 Advice given on compliance with Development Plan policies. 
Community Waste Advisor - Environment Service 
34 Information supplied with regard to provision for waste and recycling facilities.
Condition and informative note to be attached. 
Biodiversity/Tree Officer 
35 No objection, subject to conditions relating to tree protection, landscaping, works
being undertaken in accordance with the Ecological Assessment, and
biodiversity mitigation matters.   
Environmental Health (Noise Odour) 
36 No objection. Informative note with regard to woodburning stoves recommended. 
Community Greenspace 
37 No play area would be required as part of this development, however there is an
above ground SUDS area that would need to be adopted by PKC. 
38 A commuted sum of £18,577.90 (22 x £844.45) is required for adoption of any
Public Open Space (POS).  Although no additional play area is necessary, a
contribution towards the maintenance and future renewal of the nearest play area
in Scotlandwell is required. This is calculated at £16,137.75.  Total Commuted
Sum required is £34,715.65. 
Conservation Team 
39 No objection, following visualisations to demonstrate the development would not
have an adverse impact on the conservation area setting. 
Representations 
40 Fifteen objections were received. The main issues raised are: 
• Contrary to Development Plan
• Visual amenity
• Out of character
• Inappropriate land use
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• Road safety, traffic congestion and parking
• Lack of public transport
• Lack of off-road path link to school
• Lack of services
• School capacity
• Impact on peat
• Pollution from woodburning stoves
• Impact on natural heritage
• Lack of housing mix
• Affordable housing
• Foul drainage capacity
• Flood risk
• Lack of play area/recreational space
• Impact on conservation area and archaeology
• Residential amenity
• Wayleave issues along northern boundary
• Construction impact
• Contaminated Land
• Precedent for future development to northeast
• Standard of development in relation to carbon emissions 
41 These issues are addressed in the appraisal section of the report. 
42 One representation was received in support of the proposal. 
ADDITIONAL STATEMENTS
43
Screening Opinion  EIA 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
Information submitted including
Flood Risk Assessment, Peat
survey, ecological survey 
APPRAISAL 
44 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
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indicate otherwise.  The Development Plan comprises NPF4 and the Perth and
Kinross Local Development Plan 2019.   
45 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. 
Principle 
46 National Planning Framework Policy 16, Quality Homes, supports the delivery of
high quality, sustainable homes that meets the needs of people throughout their
lives.  Policy 14 supports development that is consistent with the six qualities of
successful places, including health and wellbeing, and safe and pleasant places
for people to meet.  Policy 9 b) does not support development on greenfield sites
unless the site has been allocated for development or the proposal is explicitly
supported by policies in the Local Development Plan.  Importantly the site is
allocated for residential development in the in the Perth and Kinross Local
Development Plan (2019).   
47 The principle of residential development on this site is acceptable, as a
consequence of its allocation within the LDP, and subject to meeting the terms of
the above requirements and a detailed consideration of Development Plan
policies and other matters including but not limited to design, residential amenity,
housing mix, parking and access, trees and biodiversity. 
Design and Layout 
48 Policies 1A and B Placemaking of LDP2 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. 
49 The proposal is for 16 detached dwellinghouses and 6 serviced plots for
affordable housing, 22 units in total.  The proposals were amended from the
original submission to create additional greenspace to the south of plot 13 linking
the green space to the south of plot 12 and the open area around the proposed
suds basin. 
50 The proposed dwellings use a range of external fishing materials including
pantiles, slate, timber and brick.  The majority are one and a half storey with two
single storey.  This reflects the more recent developments at the southern edge
of Scotlandwell, either side of the Causeway. Overall the site is relatively flat with
Scotlandwell village rising up behind and backdropped by Bishop Hill.  A
visualisation giving an impression of what the development would look like in the
context of its surroundings has been submitted.  The existing hedges and
vegetation around the site will be retained and strengthened to help to soften the
edges of the development, particularly where it adjoins undeveloped areas.
Whilst the proposed layout of the site is different from the more organically
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developed, well established historic development in other parts of Scotlandwell it
is considered acceptable and in accordance with Policies 1A and B and Policy 14
of NPF4. 
51 Policy 25 of LDP2 Housing Mix requires the provision of an appropriate mix of
house types and sizes. This includes (but is not limited to) providing at least 10%
of the homes as 1 or 2 bedrooms. This is in addition to affordable housing
requirements.  To achieve this the proposal has been amended to provide two 2
bed single storey properties, which is sufficient to meet the terms of policy 25 in
relation to the 16 units proposed in detail.   
52 Community Greenspace has assessed the proposal in terms of open space
requirements and advises there is no requirement to provide an additional play
area. However, a contribution towards the maintenance and future renewal of the
nearest play area in Scotlandwell is to be made. The means to secure this either
a financial contribution or  planning agreement. Securing this would meet the
requirements of Policy 14B Open Space within New Developments of LDP2.  
Landscape 
53 The site is an area of flat land to the south of Scotlandwell village with some
existing trees and hedges around it, including along the frontage with the
Causeway.  The main part of the village is set at the foot of Bishop Hill, with
development extending to the south, until immediately north.  The visual
representation demonstrates that the development can be constructed without
significant impact on the wider setting of the village and its Conservation Area,
thereby being in accordance with Policy 39 Landscape of LDP2. 
Residential and Visual Amenity 
54 The proposed dwellinghouses are all detached, with an adequate level of
amenity ground and sufficient space between so as not to cause issues of
overlooking or overshadowing.  There was an objection relating to possible
overlooking from Plot 9 to existing properties to the north on Friar Place. This plot
has been amended to see a single-storey and does not cause any concern with
overlooking/loss of privacy to neighbouring properties.  Particularly as there a
vehicular access between the houses proposed at the north end of this site and
residential properties in Friar Place. 
55 Many of the properties are proposed to be fitted with woodburning stoves.  As
these will be of a domestic scale the impact is unlikely to cause any significant
issues. It is noted that that each stove will exit via a chimney either above or
close to roof ridge height, which will aid in dispersion of emissions. An
informative note (Informative 5) will be added to advise that smoke/odour could
be further minimised through the use of fuel recommended by the stove
manufacturer. 
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56 The proposal will change the views of Scotlandwell, particularly from the
approach from the south on The Causeway.  The low lying nature of the site and
existing vegetation will ensure the impact on visual amenity is minimised,
particularly when coupled with the retention of existing boundary treatments and
tree/hedgerow cover, to be supplemented by additional planting, all thereby
aligning with Policy 39 Landscape of LDP2. 
Roads and Access 
57 Two junctions will be formed from the public road, creating a loop road within the
site.  Provision had originally been made for a footpath along the verge along the
western side of the site.  However, this would have resulted in the loss of the
hedge and it is now proposed to retain and strengthen this hedge and direct
pedestrians through the development rather than along the road.   
58 Transport Planning had previously asked for speed limit signs to be relocated. 
However, this has been superseded by the installation of a 20mph speed limit
that now extends past the southern junction.  A condition requiring a dropped
pedestrian crossing on the B920 to provide a suitable crossing from the existing
footway to the north west is recommended (Condition 12).  This also addresses
some of the concerns raised through representations. 
59 It is noted that public transport provision in the area is limited. However, a
condition will be attached requiring a residential travel plan to encourage more
sustainable means of travel (Condition 13).  Notwithstanding, access to bus
stops are located a short walking distance from the site, on Leslie Road, and the
A911.   
60 While the Community Council has requested that development is deferred until a
foot/cycle path is provided to link Scotlandwell to Kinnesswood, this is something
that is outwith the scope or control of this planning application and it would be
unreasonable to delay determination on this basis.  Upgrades to infrastructure
can only be sought where they are commensurate to the impact associated to
the level of development, and to mitigate the impacts of it.  In this instance, any
necessary improvements require to be restricted to the immediate environs of the
site as outlined through the site requirements relating to site H54. 
61 The proposal is considered acceptable in relation to roads and access matters
and accords with NPF4 Policy 13, Sustainable Transport and LDP2 Policy 60B
Transport Standards and Accessibility Requirements: New Development
Proposals.  The development is also adjoining and will be linked to an existing
settlement where there are opportunities to access existing path networks and
this would encourage active and sustainable travel.   
Drainage and Flooding 
62 Foul drainage is proposed to connect to existing Scottish Water infrastructure.
This will be subject to submitting a Drainage Impact Assessment (DIA) for
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confirmation that the foul water drainage infrastructure has capacity to service
the development.  It is noted in the drainage strategy that for plots 13-22 to
connect to the sewer this will require raising of existing ground levels.  Plots 1-12
will require foul water to be pumped via a new pumping station to the sewer. 
63 Surface water will be directed to existing ditches to the east and south with
attenuation of surface water run-off being proposed within a detention basin. 
PKC Flood Team has no objections but has requested full details of surface
water drainage be agreed by them prior to commencement of development. A
condition will be attached (Condition 14), which ensures the proposals are in
accordance with Policy 53 Water Environment and Drainage 
64  A Flood Risk Assessment was included but revised following an objection from
SEPA, this required more detailed survey work due to NPF4, which increased the
flood extents climate change uplift by 39%.   
65 This new information saw SEPA withdraw their objection, and the proposal is
therefore considered as being in accordance with NPF4 Policy 22: Flood Risk
and Water Management and LDP2 Policy 52 New Development and Flooding. 
Waste Collection 
66 The Council’s Community Waste Advisers have been consulted and have
provided information on what provision should be made for waste and recycling. 
In summary this is: sufficient space within property boundaries for waste and
recycling bins, and that developments of 10 or more houses may also be
considered for a glass collection point.  Such a facility has been added in the NW
corner of the site.  An informative note is recommended with regard to waste and
recycling provision will be attached to the permission (Informative 7). 
Conservation Considerations 
67 The proposed site is to the south of the Scotlandwell Conservation Area
boundary and the landscape setting of the conservation area is key to its
character and interest, with the relatively compact and linear village on sloping
ground with Bishop Hill forming a backdrop to the north. Distant views into and
from the conservation area are of particular significance. 
68 Information, in the form of visualisations of the proposed development have been
submitted to demonstrate that the proposed houses would generally be set at a
lower level than the existing historic development and will not cause an undue
intrusion into the landscape setting and the setting of the Scotlandwell
Conservation Area. 
69 Perth and Kinross Heritage Trust (PKHT) has been consulted and note that the
site lies within an area that is considered to have moderate archaeological
potential for currently unrecorded features that pre-date historic mapping.  It is
also located adjacent to a known important historic site: Scotlandwell Priory
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(MPK8536).   There have also been archaeological finds close to the site and
due to the proximity to areas of archaeological interest a suspensive condition
(Condition 3) is recommended.  Requiring that prior to commencement of
development there is an assessment of the character, condition and significance
of any archaeological deposits that may be present, the extent to which the
development will impact upon them and to inform a mitigation strategy if required.  
This would ensure the proposal is in compliance with NPF4 policy 7 Historic
Assets and Places and Policy 26B: Scheduled Monuments and Archaeology:
Archaeology. 
Natural Heritage and Biodiversity 
70 Policy 40, Forestry, Woodland and Trees, states that the Council will apply the
principles of the Scottish Government Policy on Control of Woodland Removal
and there will be a presumption in favour of protecting woodland resources.
Where the loss of woodland is unavoidable, mitigation measures in the form of
compensatory planting will be required. 
71 All trees are to be retained and the existing hedgerows will see limited removal
and areas infilled to retain habitat connectivity within the site, allowing wildlife to
move between gardens and other spaces and provide feeding and breeding
opportunities.  The planting of trees and shrubs linked to the existing soft
landscaping will encourage biological diversity. 
72  A detailed landscaping plan indicating species, location and density will be
secured by condition (Condition 5). Species should be native to Scotland and
include fruit-bearing trees to maximise the biodiversity value. 
73 Policy 41, Biodiversity, states that the Council will seek to protect and enhance
all wildlife and habitats, whether formally designated or not, considering natural
processes in the area. Planning permission will not be granted for development
likely to have an adverse effect on protected species unless clear evidence can
be provided that the ecological impacts can be satisfactorily mitigated. The
submitted Preliminary Ecological Appraisal Report (PEAR) was undertaken at the
correct time of year and does not recommend that any further survey is required
for the presence of protected species. 
Breeding Birds 
74 For all wild bird species in Great Britain, it is an offence to intentionally or
recklessly kill, injure or take a bird; take, damage, destroy or interfere with a nest
of any bird while it is in use or being built; or obstruct or prevent any bird from
using its nest. Clearance of vegetation should not take place during the bird
breeding season between 1st March and 31st August inclusive (Informative 8). 
75 If the development work takes place during the main nesting season it is
recommended that a pre-works nesting bird check be carried out immediately
beforehand, to identify and protect any active nests until the young fledge.
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Biodiversity Enhancement 
76 Enhancement of biodiversity should be demonstrated in all projects and needs to
be site specific based on surveys, location, development size, surrounding
habitats and landscape character, and follow ecologist recommendations. 
77 The submitted Design and Access Statement confirms that 5 Bat and 6 Swift
Boxes are to be added to plots around the proposed development, which
represents 25% of all houses and is in accordance with the PKC Planning for
Nature Guidance. An informative note will be added to request that the swift
boxes are moved closer together, reflecting the social nature of these birds. 
78 Hedgehogs are a key species in the Tayside Local Biodiversity Action Plan and
enhancing connectivity is an objective. There are records of hedgehogs in the
area and a condition will be attached to ensure that access for hedgehogs
commuting through the development is provided (Condition 11). Otherwise, to
avoid amphibians becoming trapped in gullies, a condition to require that wildlife
kerbs are installed adjacent to all road gullies constructed in association to the
development will be added (Condition 10). 
79 An informative note will be added to advise that development lighting should be
low lux-level, downward facing and directed away from hedgerows, treelines and
woodland to avoid fragmentation of foraging and commuting opportunities for
bats. 
80 The proposal provides opportunities to retain and strengthen existing landscape
features and to provide enhancement for biodiversity. As such it accords with
NPF Policy 3 and LDP2 Policy 40, Forestry, Woodland and Trees and Policy 41,
Biodiversity. 
Soils and Peat 
81 One of the site specific developer requirements was for “An appropriate peat
survey and management plan to minimise impact and implement suitable
mitigation measures” 
82 A peat survey report was submitted with the application and SEPA consulted,
who initially objected. Further information was submitted, including a Ground
Investigation Report which showed the results of additional soil sampling and lab
testing of organic matter at different depth horizons in the soil profile across the
site.  The results of this investigation demonstrated that the soil organic content
is less than 60% in all sampled depths and it was concluded that it does not meet
the criteria for being a peat soil. It is instead an ‘organo-mineral’ or ‘peaty’ soil. 
On this basis SEPA removed its objection and removed the requirement for a
peat management plan. 
83 The intention is that the excavated peaty/organi-mineral soil will be taken to
Turffit, the local turf company, which has a Waste Transfer Licence.  There is no
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requirement to condition this although it is noted that transferring this material to
a local company will minimise green house gas emissions in accordance with
NFP4, Policy 1.  It is also noted that the movement and use of soil is a regulatory
matter.  An informative note will be added with regard to this (Informative 6). 
This would therefore be compliant with the requirements of Policy 5 Soils of
NPF4 and Policy 51 Soils of LDP2. 
Embedding Low and Zero Carbon Generating Technology in New Development 
84 Policy 32 of the LDP requires that a proportion of the energy use of each building
is provided by low and zero-carbon generating technology. The applicant has
proposed that heat pumps and solar panels will be provided, although in some
cases wood burning stoves are included. A condition (Condition 15) will be
applied to require calculations to demonstrate compliance with policy 32 of LDP2,
and the wider principles of Policy 1: Tackling the Climate and Nature Crisis, and
Policy 2: Climate Mitigation and Adaptation of NPF4, with measures in place prior
to occupation of the properties. 
Developer Contributions 
Affordable Housing 
85 Policy 20 of the Local Development Plan requires developments of five or more
units to include provision of an affordable housing contribution amounting to an
equivalent of 25% of the total number of units proposed.  In this case the
proposal for 22 dwellinghouses, with 6 serviced plots for affordable housing. 
This exceeds the 5.5 unit requirement, which would meet the policy and
associated supplementary guidance on Developer Contributions & Affordable
Housing. 
86 The Council will acquire the serviced plots from the Developer and will market
them as affordable for sale, initially via PKC’s self-build register.  The means
through which this would be secured is likely to be via a s75 Planning obligation,
which would also cover the necessary contributions towards open
space/recreation. Planning permission will be required for each house, which will
be controlled by a Design Code and Plot Passport that will set out guidelines for
development of the plots.  (Condition 16) 
Education 
87 While concerns were raised through representations in respect of education
capacity, consultation with the Developer Obligations Officer has confirmed that
the proposal is within the catchment of Portmoak Primary School, and that
Education and Children’s Services (ECS) have no capacity concerns in this
catchment area.  The impact of the H54 allocation would also have been taken
into consideration and accounted for by ECS at the time the site was allocated
for housing development during the preparation of the LDP. 
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Other matters raised in representations 
88 The other matters raised and not already considered above relate to: concern
over the impacts of the proposal in respect of Scottish Water wayleaves. 
However, this is ultimately a civil matter which the developer would require to
address, and may already have undertaken some due diligence upon.  It is not a
consideration to be addressed through the planning application process. 
Economic Impact 
89 The site will provide economic benefit during the construction phase of the
development and see additional economic activity associated to Scotlandwell as
a result of an increased population. 
VARIATION OF APPLICATION UNDER SECTION 32A 
90 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 house design, revised
house types on plots 9 and 16, provision of additional information with regard to
flood risk and peat.   
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
91 A satisfactory agreement with the Planning Authority is required to secure: the
necessary provision of the serviced plots for affordable housing, and
contributions for community open space. 
DIRECTION BY SCOTTISH MINISTERS 
92 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 
93 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. 
94 Accordingly the proposal is recommended for approval subject to the conclusion
of a satisfactory agreement with the Planning Authority to secure: the necessary
provision of the serviced plots for affordable housing, and contributions for
community open space, together with the following conditions.
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RECOMMENDATION   
Approve the application. 
Conditions and Reasons 
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. Development shall not commence until the developer has secured the
implementation of a programme of archaeological work in accordance with a
written scheme of archaeological investigation which has been submitted by the
applicant, and agreed in writing by the Council as Planning Authority, in
consultation with Perth and Kinross Heritage Trust. Thereafter, the developer
shall ensure that the programme of archaeological works is fully implemented
including that all excavation, preservation, recording, recovery, analysis,
publication and archiving of archaeological resources within the development site
is undertaken.  In addition, the developer shall afford access at all reasonable
times to Perth and Kinross Heritage Trust or a nominated representative and
shall allow them to observe work in progress. 
Reason:  To ensure a programme of archaeological works is carried out to
safeguard and record any archaeological remains within the development area. 
4. Prior to the commencement of any works on site, all trees and hedgerows 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. 
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
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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. 
Reason:  In the interests of visual amenity and to ensure the satisfactory
implementation of the proposed planting scheme. 
6 Prior to commencement of development and in association with condition 5 a
detailed landscaping plan for open space illustrating accurate locations and
species for all planting, a maintenance schedule and areas of public open space
for adoption by the Council should be submitted for the written agreement of the
Council as Planning Authority in conjunction with Community Greenspace. 
7. The conclusions and recommended action points within the supporting
biodiversity survey submitted and hereby approved (Design and Access
Statement and Preliminary Ecological Assessment) shall be fully adhered to,
respected and undertaken as part of the construction phase of development, to
the satisfaction of the Council as Planning Authority. 
Reason - In the interests of protecting environmental quality and of biodiversity. 
8. 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. 
Reason:  In order to prevent animals from being trapped within any open
excavations. 
9. Prior to commencement of development an updated ecological survey shall be
undertaken and be submitted to the Council as Planning Authority for written
agreement.  Works shall not commence until after such written agreement has
been issued by the Council. 
Reason:  In the interests of employing best practice ecology and to ensure there
is no adverse impact on any protected species as identified under the Wildlife
and Countryside Act (1981).
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10. Prior to the completion of the development hereby approved, wildlife kerbs shall
be installed adjacent to road gullies associated to the sites development. 
Thereafter, these kerbs shall be retained in a reasonable condition for the life of
the development, to the satisfaction of the Council as Planning Authority. 
Reason:  In the interests of protecting environmental quality and of biodiversity. 
11. Prior to the completion or occupation of each dwellinghouse hereby approved,
whichever is the earlier, hedgehog highways shall be created by providing
access gaps in wooden fences on the related plot at least 13cm x 13cm at
ground level, to allow for the free movement of hedgehogs. 
Reason:  In the interests of protecting environmental quality and of biodiversity. 
12. Prior to the occupation of the first dwellinghouse hereby approved, provision of a
dropped pedestrian crossing shall be provided on the B920 to provide a suitable
perpendicular crossing from the existing footway to the proposed development
footway (to the north west of the site).  These details shall be submitted, and
approved in writing to satisfaction of the Council as Planning Authority in
consultation with the Roads Authority. 
Reason:  In the interests of pedestrian and traffic safety. 
13. Prior to the bringing into use of the first dwellinghouse hereby approved a
Residential Travel Plan (RTP), aimed to encourage more sustainable means of
travel, shall have been submitted to and approved in writing by the Council in
consultation with Transport Planning. The RTP will have particular regard to
provision for walking, cycling and public transport access to and within the site
and will identify the measures to be provided, the system of management,
monitoring, review, reporting and the duration of the plan. 
Reason:  To promote sustainable transport options and to meet advice within
Scottish Planning Policy on transport. 
14. The hereby approved development shall not commence until a detailed
sustainable urban drainage system (SUDS) has been submitted for the written
agreement of the Council as Planning Authority, in consultation with SEPA where
necessary.  The scheme shall be developed in accordance with the technical
guidance contained in The SUDS Manual (C753) and the Council’s Flood Risk
and Flood Risk Assessments Developer Guidance, and shall incorporate source
control. All works shall be carried out in accordance with the agreed scheme and
be operational prior to the bringing into use of the development.   
Reason:  To ensure the provision of effective drainage for the site. 
15. 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
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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. 
Reason:  In order to comply with Policy 32 of the adopted Perth and Kinross
Local Development Plan 2 (2019). 
16. Prior to the commencement of the development hereby approved a scheme,
including a design code (referring to the entire site) and plot passport (for
individual plots) outlining what can and cannot be built on each plot including
maximum size/footprint of dwellings, heights, recognised building lines, boundary
treatments and materials palette), shall be submitted for the written agreement of
the Council as Planning Authority.  The agreed scheme shall thereafter inform
and guide the delivery of the self build plots.   
Reason:  In order the interests of ensuring consistency throughout the overall
development, in the interests of visual and residential amenity, and to ensure a
satisfactory standard of local environmental quality. 
Justification 
The proposal is in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan. 
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 developer is advised to contact the Historic Environment Manager (tel 01738
477027) Perth and Kinross Heritage Trust, to discuss terms of reference for
archaeological work required. 
5. The approved stove system shall be installed and thereafter operated and
maintained in accordance with the manufacturer's recommendations, such that
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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 should note the contents of SEPA's letter dated 6th September.   
Details of SEPA's regulatory requirements and good practice advice, for example
in relation to private drainage and soil removal can be found on the regulations
section of SEPA's website. If you are unable to find the advice you need for a
specific regulatory matter, please contact a member of the local compliance team
at: FASP@sepa.org.uk   
7. The developer should please note the following: 
Refuse collection vehicles will only enter the site during development where there
is clear access and suitable turning; this means that Waste Services may not be
able to provide a full kerbside recycling service to residents whilst the build is
ongoing, and bins may have to be emptied from a specified collection point until
full access is made available for refuse collection vehicles. The developer should
make contact with the Community Waste Team to discuss bin collections as the
site progresses. 
Perth & Kinross council aim to introduce twin stream recycling and therefore
additional space is required for a second recycling bin. Further information is
available by contacting the Community Waste Team
communitywasteadvisers@pkc.gov.uk   
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
reminded that, under the Wildlife and Countryside Act 1981, as amended
(section 1), it is an offence to remove, damage or destroy the nest of any wild
bird while that nest is in use or being built. Planning permission for a
development does not provide a defence against prosecution under this Act. 
9. The applicant is advised 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. 
10. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act
1984 he/she/they must obtain from the Council as Roads Authority Road
Construction Consent (RCC) to construct a new road prior to the commencement
of roadworks.  Advice on the disposal of surface water must be sought at the
initial stages of design from Scottish Water and the Scottish Environment
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Protection Agency.  Please note that a fee is chargeable for the processing of
RCC applications. 
11. The applicant is advised to contact Perth & Kinross Council Street Lighting
Department to obtain technical approval for all street lighting provision. 
12. The Road Maintenance Partnership wish make the applicant aware of the
existence of a surface water pipe along the verge of the B920 in the vicinity of the
proposals. 
13. Development lighting should be low lux-level, downward facing and directed
away from hedgerows, treelines and woodland to avoid fragmentation of foraging
and commuting opportunities for bats. Guidance is available: Planning Guidance
- Planning & Biodiversity - Perth & Kinross Council (pkc.gov.uk) 
Procedural Notes 
Not Applicable. 
PLANS AND DOCUMENTS RELATING TO THIS DECISION 
Background Papers:  15 letters of representation
Date:    3 November 2023 
DAVID LITTLEJOHN
STRATEGIC LEAD – ECONOMY, DEVELOPMENT & PLANNING 
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22/01191/FLL
Erection of 16 dwellinghouses (3 with detached garages, one with detached garage/ancillary accommodation), formation
of 6 plots for affordable dwellinghouses, formation of SUDS pond, landscaping and associated works Land 100 Metres
South East of Cragton Villa Rost Gardens Scotlandwell
Planning and Placemaking
Committee 15 November 2023
Created by Kirsty Strong on 26 October 2023
© Crown copyright and database rights 2023 Ordnance Survey
100016971. You are permitted to use this data solely to enable you to
respond to, or interact with, the organisation that provided you with
the data. You are not permitted to copy, sub-licence, distribute or sell
any of this data to third parties in any form. Scale 1:8000
5(2)(ii)
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22/01191/FLL
Erection of 16 dwellinghouses (3 with detached garages, one with detached garage/ancillary accommodation), formation
of 6 plots for affordable dwellinghouses, formation of SUDS pond, landscaping and associated works Land 100 Metres
South East of Cragton Villa Rost Gardens Scotlandwell
Planning and Placemaking
Committee 15 November 2023
Created by Kirsty Strong on 26 October 2023
© Crown copyright and database rights 2023 Ordnance Survey
100016971. You are permitted to use this data solely to enable you to
respond to, or interact with, the organisation that provided you with
the data. You are not permitted to copy, sub-licence, distribute or sell
any of this data to third parties in any form. Scale 1:2500
5(2)(ii)
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