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Minute of meeting of 7 February 2024

Perth and Kinross Council · 13 March 2024
Back to Planning and Placemaking Committee — 13 March 2024 and its agenda

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PLANNING AND PLACEMAKING COMMITTEE 
Minute of hybrid meeting of the Planning and Placemaking Committee held in the
Council Chambers, 2 High Street, Perth, on Wednesday 7 February 2024 at 9:30am. 
Present: Councillors I Massie, G Stewart, K Allan, B Brawn, D Cuthbert, K Harvey,
D Illingworth, I James, Bailie C McLaren, B Leishman, C Reid, R Watters and Bailie
M Williamson. 
In Attendance: L MacLean, S Panton, L Reid, K Smith and P Williamson (all
Economy, Place and Learning); A Brown, G Fogg, J Guild and M Pasternak (all
Strategy, People and Resources). 
Councillor I Massie, Convener, Presiding. 
1. WELCOME AND APOLOGIES 
The Convener welcomed everyone present to the meeting.   
2. DECLARATIONS OF INTEREST 
There were no Declarations of Interest made in terms of the Councillors Code
of Conduct. 
3. MINUTES 
The minute of meeting of the Planning and Placemaking Committee of
13 December 2023 were approved. 
4.  DEPUTATIONS 
In terms of Standing Order 13, the Committee agreed to hear deputations in
relation to the following planning applications: 
Planning Application No.  Item No. 
23/01218/FLM 5(1)(i)
23/01038/FLL 5(2)(i)
23/01798/FLL 5(2)(ii) 
5. APPLICATIONS FOR DETERMINATION 
(1) Major Applications 
(i) 23/01218/FLM - Erection of 72 flats within 5 blocks,
formation of vehicular access, parking areas, landscaping
and associated works, former Hillside Hospital, Dundee
Road, Perth (Report No. 24/47) 
Ms R Letby and Ms A Laughland, both objectors to the
application, followed by Mr C Main, via telephone, agent on

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behalf of the applicant, addressed the Committee and answered
Members questions. 
Resolved:
Grant, subject to the following terms, conditions and
informatives: 
Conditions
General
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. 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.
Construction Hours
3.  Construction work shall be limited to Monday to Friday
0700 hours to 1900 hours and Saturday 0800 hours to
1300 hours with no noisy works out with these times or at
any time on Sundays.
Reason: In the interests of residential amenity; to ensure
a satisfactory standard of local environmental quality
during the construction period.
Drainage and Flooding
4.  Development shall not commence on site until the
detailed sustainable urban drainage system (SUDS)
design has been finalised as per the comments provided
by AECOM in ‘2301218FLM_Response_P03’ (plus any
future revisions) for submission to and 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 SUDS Manual (C753) and the
Council’s Flood Risk and Flood Risk Assessments
Developer Guidance and shall incorporate source control. 
Thereafter, 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.
Design / Materials
5. Prior to the commencement of the development hereby
approved, a sample of the external finishes shall be
submitted to and agreed in writing by the Council as
Planning Authority.  The materials, as agreed, shall be

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implemented prior to the completion or bringing into use
of the development, whichever is the earlier.
Reason: In the interests of visual and residential amenity;
to ensure a satisfactory standard of local environmental
quality; to reserve the rights of the Planning Authority.
Natural Heritage / Biodiversity
6.  Prior to the commencement of the development hereby
approved, a detailed plan indicating location, quantity,
specification, and maintenance requirements for
biodiversity enhancement measures including bat
boxes/bricks, swift boxes/bricks, provision of hedgehog
highways and wildlife kerbs and native tree and/or
hedgerow planting for the site shall be submitted for the
further written agreement of the Council as Planning
Authority.  The agreed scheme shall be implemented
prior to the bringing into use or completion of the
development, whichever is the earlier, and thereafter
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 protecting environmental
quality and of biodiversity.
7.  The conclusions and recommended action points within
the supporting PEAR (Doc 32) submitted and hereby
approved; 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.  No site clearance or removal of vegetation, including
trees and shrubs will take place between 1st March and
31st August inclusive unless a competent ecologist has
undertaken a careful and detailed check of vegetation for
active birds' nests immediately before the vegetation is to
be cleared and provided written confirmation that no birds
will be harmed and/or that there are appropriate
measures in place to protect nesting birds on site.  Any
such written confirmation must be submitted to the
planning authority prior to commencement of works.
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).
9.  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, for its
approved use.  The landscape management plan as

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agreed shall, where appropriate, include phased
implementation concurrent with the development and
shall be fully implemented to the satisfaction of the
Council as Planning Authority.
Reason: To ensure adequate protection for the trees on
the site during the construction, in the interests of the
visual amenity of the area.
10. 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.
11.  Prior to the commencement of development, an updated
Construction Environmental Management Plan (CEMP)
must be submitted for the approval of the Planning
Authority.  The measures outlined in the updated CEMP
shall be adhered to at all times during the construction
period.
Reason: In the interests of protecting environmental
quality and of biodiversity; to ensure no adverse impact
on River Tay and its Special Area of Conservation
designation.
12.  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.
13.  Prior to works commencing on site, an Arboricultural
Method Statement (AMS) shall be submitted to, and for

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the written approval of, the Planning Authority, and to
confirm the details of the Construction Exclusion Zone,
Tree Protection Plan and all measures proposed to avoid
damage to those trees that are to be retained.  The
subsequently approved AMS shall be implemented prior
to any works commencing on site.
Reason: To ensure adequate protection for the trees on
the site during the construction, in the interests of the
visual amenity of the area.
Roads and Access
14.  No part of the development shall be occupied until a
comprehensive Green Travel Plan (GTP) that sets out
proposals for reducing dependency on the private car has
been submitted and approved in writing by the Planning
Authority, after consultation with Transport Scotland.  The
GTP 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 (including
the provision of new and/or enhanced public transport
services), the system of management, monitoring, review,
reporting, and the duration of the plan. The subsequently
agreed GTP shall be implemented prior to the occupation
of the first unit with all future residents being made aware
of the document. 
Reason: To encourage sustainable transport methods.
15.  Prior to the commencement of development, the precise
location and detailed specification of the proposed
replacement bus stop and associated shelter shall be
submitted for the approval of the Council as Planning
Authority. The bus stop shelter shall be equipped with a
power supply to enable the installation of real-time bus
stop information, which must also be provided by the
Developer. The scheme as approved shall be undertaken
to the satisfaction of the Council as Planning Authority
prior to the occupation of the first residential unit. 
Reason: To encourage the use of public transportation.
16.  All rights of way or core paths within or adjacent to the
development shall at all times be protected and remain
operational during the construction phases.
Reason: In the interest of public access. 
17. Prior to the commencement of development, a detailed
scheme showing the priority junction onto the Dundee
Road shall be submitted to the Council as Planning
Authority for written agreement.  Thereafter, the agreed
scheme shall be implemented in full prior to any
construction works commencing.  For the avoidance of
doubt, the agreed scheme for the adjacent care home
development (22/00916/FLL) may be appropriate. 
Reason: In the interests of pedestrian and traffic safety
and in the interests of free traffic flow.
18.  Prior to the development hereby approved being
completed or brought into use, the first five metres of the

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proposed access, measured from the edge of the existing
adopted carriageway, shall see a gradient not to exceed
3%, with the remaining development internal carriageway
gradients not exceeding 8%.  The access shall be
designed and constructed so that no surface water is
discharged to the public road network.
Reason: In the interests of road safety; to ensure an
acceptable standard of construction within the public road
boundary, control of surface water & provision of an
adequate gradient of access.
19.  Prior to the commencement of development, precise
details shall be submitted to the Council as Planning
Authority of the stone boundary walls on Dundee Road
and associated features such as steps and pedestrian
access, both within the redline site and on land within the
applicant’s control.  The submission in relation to this
condition shall take full cognisance of the approved
development 22/00916/FLL and the plan therein duly
docqueted number 35 and prescribed Boundary Wall
Proposal.  All details to be submitted to and approved in
writing by the Council as Planning Authority.  The details
shall include the retention and re-use of existing feature
stonework, pedestrian access’s as well as specification of
any new stonework including samples as deemed
appropriate and details of the coursing and mortar
jointing.  The details subsequently approved under this
condition shall thereafter be implemented in full and prior
to the occupation of any flat associated with the 72 flats
approved by this permission.
Reason: In the interests of visual amenity; to ensure a
satisfactory standard of local environmental quality and to
deliver safe access and egress from the development site
for construction traffic and ongoing use as approved.
20.  Prior to the commencement of development, a detailed
design showing the path linkages for the following
schemes shall be submitted for the written agreement of
the Council as Planning Authority.  The path linkages that
should be shown on the plan are:
a. Path from development to core path between
Block 3 and Block 4;
b. Path from development to core path between
Block 4 and Block 5;
c. Path from development to core path south of Block
5;
d. Path to Dundee Road from the development; and,
e. The rest areas proposed.
The submission will confirm the location, specification,
gradient, detailed design and delivery timescales for the
paths and rest areas.  Thereafter, the subsequently
agreed scheme shall be delivered in full accordance with
the agreed delivery timescales.

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Reason: In the interests of pedestrian safety and
connectivity with the wider path network.
21.  Prior to commencement of the development hereby
approved, a detailed design for a further 4 residential
cycle parking spaces and 9 visitor cycle parking spaces
shall be submitted to the Council as Planning Authority
for written approval.  Thereafter, in addition to the 68
cycle parking spaces already proposed, the scheme shall
be implemented prior to the completion or bringing into
use of the development, whichever is the earlier. 
Reason: To encourage active travel.
22.  Prior to the development hereby approved being
completed or brought into use, the car parking facilities
shown on the approved drawings shall be implemented in
a phased manner and thereafter maintained in a
reasonable condition for the life of the development.  The
phasing of the parking arrangements shall be submitted
to the Council as Planning Authority for written agreement
prior to the commencement of works.
Reason: In the interests of road safety; to ensure the
provision of off- street car parking facilities.
23.  Prior to the commencement of works on site, detailed
drawings showing waste and recycling bin presentation
locations and strategy for presenting the bins at those
locations, shall be submitted for the written agreement of
the Council as Planning Authority.  None of the residential
units hereby approved shall be occupied until the agreed
scheme has been provided in full for all blocks.
Reason:  In the interests of road safety to prevent long
reversing manoeuvres.
24.  Prior to commencement of works, a street lighting design
must be submitted to the Council as Planning Authority
for written agreement.  The Street lighting shall be in
accordance with the standards required by the Council as
Roads Authority.  Thereafter, the agreed scheme shall be
implemented prior to the completion or bringing into use
of the development, whichever is the earlier.
Reason: In the interests of road safety.
25.  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
finishing times, on days when refuse collection is
undertaken, on Sundays and during local events.

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(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
arrangements in the immediate vicinity of
temporary construction compounds.
(l) the provision and installation of traffic counters at
the applicant's expense at locations to be agreed
prior to the commencement of construction.
(m) monitoring, reporting, and implementation
arrangements 
(n) arrangements for dealing with non-compliance;
and
(o) details of HGV movements to and from the site.
(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 interest of proper site management.
Residential Amenity
26.  The mitigation measures as described in Sections 5 of
the Noise Impact Assessment dated 29 June 2023
(document 27), shall be undertaken to ensure a
satisfactory level of residential amenity can be achieved.
Reason: In order to safeguard the neighbouring
residential amenity in the area. 
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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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.
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.  According to
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 in terms of Sections 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.
5.  The applicant should be advised that in terms of Section
56 of the Roads (Scotland) Act 1984 they must obtain
from the Council as Roads Authority consent to open an
existing road or footway prior to the commencement of
works.  Advice on the disposal of surface water must be
sought at the initial stages of design from Scottish Water
and the Scottish Environment Protection Agency.

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6.  The applicant should be advised to contact Perth &
Kinross Council Street Lighting Department to obtain
technical approval for all street lighting provision.
7.  Please consult the Street Naming and Numbering Officer,
The Environment Service, Perth and Kinross Council,
Pullar House, 35 Kinnoull Street, Perth PH1 5GD for a
new postal address. The form is downloadable from
www.pkc.gov.uk and should be returned to
snn@pkc.gov.uk.
8.  The applicant is advised that the detailed design of all
SUDs shall conform to 'PKC Flooding and Flood Risk
Guidance Document (June 2014)', or any subsequent
update.
9.  The applicant is advised that the granting of planning
permission does not guarantee a connection to Scottish
Water's assets.  The applicant must make a separate
application to Scottish Water Planning & Development
Services team for permission to connect to the public
wastewater system and/or water network and all their
requirements must be fully adhered to.
10.  No work shall be commenced until an application for
building warrant has been submitted and approved.
11.  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.
12.  The applicant is reminded that, under the Wildlife and
Countryside Act 1981, as amended, it is an offence to
remove, damage or destroy the nest of any wild birds
while that nest is in use or being built.  Planning
permission for a development does not provide a defence
against prosecution under this Act.
13.  The applicant is advised that refuse collection vehicles
will only enter the site during construction phases 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 (and
agreed) collection point until full access is made available
for refuse collection vehicles.
14.  The applicant should make contact with the Community
Waste Team to discuss bin collections as the site
progresses and be prepared to provide temporary turning
points for refuse collection vehicles if required.  The road
and pavement from any temporary bin collection point to
the refuse collection vehicle must be at maximum 10
metres and a hard-standing surface.  It must have a level
gradient and a smooth surface; use dropped kerbs where
appropriate.

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15.  The applicant is advised that, in terms of Sections 109 of
the New Roads and Street Works Act 1991, 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.
16.  The applicant can seek guidance on the detailed design
and positioning of the cycle storage from Transport
Scotland's Cycling by Design 2021 or similar design
guide.  
17. 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 road gradient and
drainage.
18. 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. 
(2) Local Applications 
(i) 23/01038/FLL - Erection of a dwellinghouse and garage,
land 55 metres north east of Inn On The Tay, Grandtully,
Pitlochry (Report No. 24/48) 
Mr G Salisbury, agent on behalf of the applicant, addressed the
Committee and answered Members questions. 
Resolved:
Grant, subject to the following terms, conditions and
informatives: 
Conditions
1. This planning permission will last only for three years
from the date of this decision notice, unless the
development has been lawfully started within that period.
Reason: This is a Planning Permission in terms of
Section 58 of the Town and Country Planning (Scotland)
Act 1997, as amended by Section 32 of the Planning
(Scotland) Act 2019.
2.  The development hereby approved must be carried out in
accordance with the approved drawings and documents,
unless otherwise provided for by conditions imposed by
this decision notice.
Reason: To ensure the development is carried out in
accordance with the approved drawings and documents.
3. The garage hereby approved shall be used solely for
purposes incidental to the domestic enjoyment of the
dwellinghouse.

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Reason: In order to control and restrict the use of the
building.
4. 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.
5.  Development shall not commence until a detailed
Construction Method Statement (CMS) has been
submitted to the Council as Planning Authority and
agreed in consultation with NatureScot and Scottish
Environment Protection Agency (SEPA).  The CMS must
identify measures to prevent harmful materials entering
the River Tay SAC, which could reduce water quality and
lead to a damaging impact on the salmon, otter and
lamprey interests. The CMS should include the following:
(a) pollution prevention safeguards including drainage
arrangements and the possible use of siltation
traps, settlement tanks and bunds.
(b) storage and disposal of materials including the
siting of stockpiles, use of buffer strips and
disposal methods.
(c) construction site facilities including extent and
location of construction site huts, vehicles,
equipment, fuel, chemicals, and materials
compound.
(d) timing, duration, and phasing of construction
particularly in relation to salmon and lamprey
migration/spawning.
The CMS and mitigations as agreed shall be fully
implemented as part of the planning permission. 
Reason - In order to ensure the development does not
impact negatively on the nearby Special Area of
Conservation.
6. The conclusions and recommended action points within
the supporting biodiversity survey submitted and hereby
approved (document(s) 10. 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.
7. Prior to the completion or occupation of the building(s)
hereby approved, whichever is the earlier, four swift
boxes/bricks shall be provided on the development
hereby approved. Thereafter, the agreed scheme shall be
maintained in a reasonable condition for the life of the

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development, to the satisfaction of the Council as
Planning Authority.
Reason: In the interests of protecting environmental
quality and of biodiversity.
8.  Prior to the commencement of the development hereby
approved, the following shall be undertaken: 
i)  a pre-site meeting with the applicant's
arboriculturist and the Council's Enforcement
Officer (Trees) shall be held to review the
recommendations of the Tree Survey Report
(Document 8) and any subsequent actions from
the meeting will be agreed in writing by the Council
as Planning Authority and carried out to the
satisfaction of the Council as Planning Authority.
ii) full details of the tree protection measures shall be
submitted for the written agreement of the Council
as Planning Authority. All trees for retention shall
be protected in full accordance with BS 5837: 2012
'Trees in relation to design, demolition and
construction'. Approved Tree Protection measures
shall not be removed breached or altered without
prior written authorisation from the local planning
authority but shall remain in a functional condition
throughout the entire development or as per the
phasing plan. If such protection measures are
damaged beyond effective functioning, then works
that may compromise the protection of trees shall
cease until the protection can be repaired or
replaced with a specification that shall provide a
similar degree of protection. 
iii)  a detailed landscaping and planting scheme for the
site shall be submitted to and approved in writing
by the Planning Authority.  The scheme shall
include details of boundary treatments, 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.
Any planting which fails to become established
within five years being replaced in the following
planting season with others of a size and species

Page 14

as previously approved to the satisfaction of the
Council as Planning Authority.
Reason: To ensure a satisfactory standard of
development and environmental quality and to reserve
the rights of the Planning Authority.
9.  Prior to the commencement of development a statement
shall be submitted for approval in writing by the Council
as Planning Authority to demonstrate that at least 10% of
the current carbon emissions reduction set by Scottish
Building Standards will be met through the installation
and operation of low and zero-carbon generating
technologies. The statement as agreed shall be fully
implemented to the satisfaction of the Council as
Planning Authority.
Reason: To ensure a satisfactory standard of
development and environmental quality and to reserve
the rights of the Planning Authority. 
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.  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

Page 15

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.  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.
5.  Records indicate that at least part of the proposed
development site lies within a radon affected area where
the measurement/monitoring of radon gas and the
installation of mitigation measures may be required. 
Further information on radon gas and the associated
reports that can be obtained is available at
www.ukradon.org and at
http://shop.bgs.ac.uk/georeports/
6.  The applicant is advised that the granting of planning
permission does not guarantee a connection to Scottish
Water’s assets.  The applicant must make a separate
application to Scottish Water Planning & Development
Services team for consent to connect to the public
wastewater system and/or water network and all their
requirements must be fully adhered to.
7.  The applicant should be aware of the requirements of the
Council's Environment and Regulatory Services in
relation to waste collection from the site and should
ensure adequate measures are provided on site to allow
for the collection of waste.
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.  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 material finish,
the garage and boundary planting. 
10. The findings and recommendations contained with the
Bat Survey remain valid for a period of 24 months. If the
approved planning permission is not implemented within
24 months of the date of the survey it is strongly
recommended that an updated Bat Survey is undertaken
prior to any works commencing.  Failure to do so could
potentially leave you open to prosecution should any bats
be harmed as a result of the works.  Please note that bats
are protected by law, and it is a criminal offence to

Page 16

deliberately harm, capture, kill or disturb a bat or its
resting place. 
(ii) 23/01798/FLL - Alterations and extension to core path,
installation of signage and associated works, Murrayshall
House Hotel, Murrayshall, Perth (Report No. 24/49) 
Dr D Shackles, objector on behalf of Scone and District
Community Council; Ms C Davies, objector on behalf of the
British Horse Society; Mr and Mrs Hay, objectors; Mr J Andrews,
objector on behalf of Ramblers Scotland; followed by Ms A
Ewing, agent on behalf of the applicant, and Mr R Miller,
landscape architect, addressed the Committee and answered
Members questions. 
Motion (Councillors I Massie and D Illingworth) 
Grant, subject to the following terms, conditions and
informatives: 
Conditions
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. 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.
3. The tree protection measures outlined in the approved
Arboricultural Method Statement (doc ref:07) shall be fully
implemented on site for the duration of construction
operations.
Reason: To ensure implementation of the tree protection
measures outlined in the submitted Tree Survey.
4. The temporary diverted route for the core path and right
of way to be provided during construction operations, as
identified in document ref: 04, shall be strictly adhered to
during construction operations and shall remain available
for use until the permanent diverted core path route is
open and available for use.
Reason: To ensure continued public access along the
core path and right of way.
5. The hedge planting which is proposed at western end of
the diverted core path/right of way route, running parallel
to Murrayshall Road is not approved.  An alternative
lower level shrub planting boundary should be planted

Page 17

here and details of this alternative planting shall be
submitted to and subsequently approved in writing prior
to the commencement of any development. This low level
planting shall be maintained at this level at all times.
Reason: To ensure line of site between the core
path/right of way and the driving range to limit the
possibility of horses being spooked by golf balls being hit.
6. Prior to the commencement of any development a
maintenance plan and regime for the path shall be
submitted to and approved in writing by the Planning
Authority.  The details, as approved in writing, shall be
implemented for the lifetime of the development.
Reason: To ensure the diverted path remains available
for use by all users. 
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. The granting of planning permission does not alter the
status of the existing core path SCON/7 and right of way
39/7.  An order to stop up and divert the affected path
under the Town and Country Planning (Scotland) Act
1997, Section 208 or an amendment of the core path
under the Land Reform (Scotland) Act 2003, may be
required. 
Amendment (Councillors I James and B Brawn) 
Refuse, as the application is contrary to Perth and Kinross Local
Development Plan 2 (2019) Policies 15: Public Access and 16:
Social, Cultural and Community Facilities, due to the diversion of
the core path, which is also a bridal way, bringing it into close
proximity of the driving range and adversely impacting on the
use of the bridal way by horses and riders.

Page 18

In terms of Standing Order 21.5 a roll call vote was taken.   
7 members voted for the Motion as follows:
Councillors K Harvey, D Illingworth, I Massie, Bailie C McLaren,
G Stewart, and Bailie M Williamson. 
6 members voted for the Amendment as follows:
Councillors K Allan, B Brawn, D Cuthbert, I James, B Leishman
and C Reid. 
Resolved:
In accordance with the Motion.