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22/02194/Flm

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

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Perth and Kinross Council
Planning and Placemaking Committee – 13 March 2024
Report of Handling by Strategic Lead - Economy, Development and Planning
(Report No. 24/71) 
PROPOSAL: Change of use of agricultural land to form extension to existing
leisure park, formation of internal access, parking, hardstanding,
engineering works and landscaping 
LOCATION: Land 200 Metres North East Of Erigmore Caravan Site, St Mary's
Road, Birnam 
Ref. No: 22/02194/FLM 
Ward No: P5 - Strathtay 
Summary 
This report recommends refusal of a detailed planning application for the creation of
an extension to an existing holiday park at Erigmore Caravan Site in Birnam, as the
development is considered to be contrary to the relevant provisions of the
Development Plan and there are no material considerations apparent which justify
setting aside the Development Plan. 
BACKGROUND AND DESCRIPTION OF PROPOSAL   
1 This planning application seeks to obtain detailed planning permission for an
extension to the popular Erigmore Caravan Site at Birnam. The existing site
accommodates approx. 157 caravans which are a mix of privately owned and
holiday lets, and it is understood the majority of the holiday lets remain within the
ownership of the resort. 
2 This planning application seeks to create a new expanded area to the east of the
existing site which would be capable of accommodating a further 76 additional
lodges, which would fall under the definition of a ‘caravans’. It is proposed to
extend the site beyond the defined settlement boundaries. These new caravans
would be a combination of privately owned and units for rent via the resort - over
an area of approx. 4.6ha. The applicant has indicted that the prime reason for
this application is to react to local demand for this type of holiday
accommodation, and by opting to develop a green field site, it would negate the
need to disrupt the existing layout, density and woodland setting of the existing
area.  The proposed units will all be movable but will be placed on designated
newly formed concrete pads/bases and will be served by a new internal road
layout, associated landscaping, planting and outside communal recreational
areas.

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3 In order to facilitate the expansion, engineering operations over an area of
approx. 4.2ha is proposed to redesign the levels of the site, and ground levels
will be altered. The finished levels will generally be higher than the existing
across the site, with the increase ranging from around 0.15m to 1.6m. The
applicant has indicated that the majority of the increase in levels will be delivered
by ‘cuts’ across the site which are required to form ‘fills’ including bases and
roads etc which will negate the need for exporting of material off site. 
4 The vehicular access to the site will be via the existing Erigmore Holiday Park,
which has an existing junction and access point with the public road (Perth
Road). 
5 The site is presently in agricultural use, and undulates gently across its area.
Along the northern boundary is the southern banks of the River Tay, which is a
Special Area of Conservation (SAC). Also along the northern boundary is a
public path which is both a Core Path and Right of Way, which judging by the
letters of representations is a popular route. There are a number of trees which
surround the north, south and west boundaries of the site and some of these
groups are part of a designated Ancient Woodland. The site is also part of a
wider Historic Garden and Designed Landscape (HGDL) which is associated with
Murthly Castle, and is within the National Scenic Area (NSA). 
PRE-APPLICATION CONSULTATION 
6 A Pre-Application Consultation (PAC) report was submitted with the application.
This document demonstrates that appropriate pre-application consultation was
undertaken by the developer with the local community and other specified parties
in line with the relevant regulations. 
ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 
7 The proposal has been screened for EIA, and whilst the development is
significant in terms of its scale and it affects a number of sensitive designations,
the impacts on the environment are not considered to be the level which requires
assessment through EIA. The application has however been accompanied by a
number of supporting technical documents. 
DEVELOPMENT PLAN 
8 The Development Plan for the area comprises National Planning Framework 4
(2023), the Perth and Kinross Local Development Plan 2 (2019), and statutory
supplementary planning guidance (SPG).

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National Planning Framework 4 
9 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. 
10 The Council’s assessment reviews the policies of NPF4 and it is considered that
the proposal is in accordance with its intentions. The most relevant policies are: 
• 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 
• Policy 7: Historic Assets and Places
• Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings
• Policy 14: Design, Quality and Place
• Policy 22: Flood Risk and Water Management
• Policy 29: Rural Development
• Policy 30: Tourism 
Perth and Kinross Local Development Plan 2 
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 Within the LDP2, the site is located within an area outside of the settlement of
Dunkeld and Birnam, where the following policies are applicable, 
• Policy 1: Placemaking 
• Policy 2: Design Statements 
• Policy 5: Infrastructure Contributions
• Policy 6: Settlements 
• Policy 9: Caravan Sites 
• Policy 15: Public Access
• Policy 17: Residential Amenity
• Policy 26B: Scheduled Monuments and Archaeology
• Policy 28A: Conservation Areas: New Development
• Policy 29: Gardens and Designed Landscapes
• Policy 32: Embedding Low & Zero Carbon 
• Policy 39: Landscape
• Policy 40: Forestry, Woodland, and Trees
• Policy 41: Biodiversity

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• Policy 47: River Tay Catchment Area
• Policy 52: New Development and Flooding
• Policy 53: Water Environment and Drainage
• Policy 55: Nuisance from Artificial Light and Light Pollution
• Policy 56: Noise Pollution
• Policy 60: Transport Standards and Accessibility Requirements 
Statutory Supplementary Planning Guidance  
13 The following statutory SPG are applicable to this proposal, 
• Developer Contributions & Affordable Housing (adopted in 2023)
• Flood Risk and Flood Risk Assessments (adopted in 2021)
• Forest & Woodland Strategy (adopted in 2020)
• Landscape (adopted in 2020)
• Open Space Provision for New Developments (adopted in 2021)
• Placemaking (adopted in 2020) 
NATIONAL ADVICE AND GUIDANCE 
14 The Scottish Government expresses its planning policies through Planning
Advice Notes, Creating Places, Designing Streets, National Roads Development
Guide, and a series of Circulars.   
15 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 68 Design Statements
• PAN 69 Planning and Building standards Advice on Flooding
• PAN 75 Planning for Transport 
National Roads Development Guide 2014 
16 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. 
OTHER PKC POLICIES 
Non-Statutory Planning Guidance  
17 The following non-statutory planning guidance is applicable to this proposal, 
• Planning & Biodiversity
• Conservation areas

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SITE HISTORY 
18 There has been no formal planning history on the site. 
19 A ‘major’ pre-application response was however issued by the Council in 2021
(21/00334/PREAPP) for a similar proposal, in a slightly different layout from what
has been brought forward as part of this planning application. 
CONSULTATIONS 
20 As part of the planning application process the following bodies were consulted: 
External 
21 Scottish Water - No objection in terms of capacity issues. 
22 Historic Environment Scotland (HES) - No objections in terms of the impact on
the HGDL  
23 Scottish Environment Protection Agency (SEPA) – No objection in terms of
flood risk matters, following an amendment to the layout.  
24 NatureScot - No objection in terms of the impact on the SAC and the NSA, and
subject to conditions being attached to any permission and suitable mitigation
measures. 
25 Scotland Gas Networks Plc - Holding objection to the development due to the
proximity of the pipeline which crosses the site. Should Members be minded to
approve this proposal, then this may require deferral to address this aspect.  
26 Health and Safety Executive (HSE) - No objection to the proposal on the basis
that less than 3 caravans are located within the pipeline consultation area. 
Internal 
27 Transportation And Development – No objection in terms of road related
matters, but they have suggested that a number of minor matters should be
addressed either by conditions, or by amendment to plans. 
28 Structures and Flooding – Initial concerns over the methodology used for the
original FRA.   This matters has largely been addressed through the parallel
revisions to address the concerns of SEPA, and given the recommendation, no
further response has been sought.  
29 Environmental Health - No objection in terms of noise subject to conditions and
informatives. They have also indicted that a site licence is required.

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30 Biodiversity/Tree Officer - No objection in relation to ecological impact, subject
to the recommendations and mitigation being delivered and secured. Some
concerns do remain in relation to the impact on boundary trees, and initial and
long term impacts. 
31 Perth and Kinross Heritage Trust (PKHT) - No objections in terms of local
archaeology 
REPRESENTATIONS 
32 99 objections from 91 households have been received. The main issues raised
are, 
• Contrary to the Development Plan 
• Impact on environmentally sensitive River Tay
• Inappropriate land use 
• Development out of character with the area
• Flooding concerns
• Noise concerns
• Impact on visual amenity 
• Impact on quality of local walks 
• Parking concerns
• Loss of Open Space
• Impact on local road network 
• Impact on local wastewater treatment plant 
33 In addition an objection from the Dunkeld and Birnam Community Council has
also been received, which confirms that they fully support, and are in agreement
with, the views and concerns expressed by local residents’ representations.   
34 These issues are addressed in the main appraisal section. 
ADDITIONAL STATEMENTS
35
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
Flooding, ecology and tree
reports submitted.

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APPRAISAL 
36 Sections 25 and 37 (2) of the Town and Country Planning (Scotland) Act 1997
require that planning decisions be made in accordance with the development
plan unless material considerations indicate otherwise.  The Development Plan
comprises NPF4, LDP2 and statutory SPG.  
37 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 consideration of the Council’s other non-statutory supplementary
guidance, these are discussed below only where relevant.    
38 In addition to the Development Plan, Section 64(1) of the Planning (Listed
Buildings and Conservation Areas) (Scotland) Act 1997 requires planning
authorities to pay special attention to the desirability of preserving or enhancing
the character or appearance of the designated conservation area. 
Policy Appraisal  
39 There are relevant policies contained in all parts of the Development Plan.  
40 In terms of the NPF4, Policies 1 and 2 (Climate Change) seek to ensure that all
proposals take on board climate change responsibilities, and the likely physical
changes which will occur in the future as a result of the changing climate. Policy
3 (Biodiversity) adds extra weighing to biodiversity interests from previous
National Planning Policies and places bio-diversity front and centre of all
planning decisions, especially those which are significant in terms of their size
and environmental impacts. 
41 Policy 4 (Natural Places) seeks to protect and enhance our local, regional,
national and internationally important natural sites, whilst Policy 5 (Soils) seek to
protect prime agricultural land from permanent loss. Policy 6 (Forestry) seeks to
protect trees and adds extra protection to Ancient Woodlands, whilst Policy 7
(Historic Assets) looks to protect our cultural assets from inappropriate new
developments. Policy 9 (Brownfield, Vacant and Derelict Land and Empty
Buildings) only offers support for proposals on greenfield sites when they have
either been allocated for development or the proposal is explicitly supported by
policies in the LDP. 
42 Policy 14 (Design, Quality and Place) aims to improve design and the quality of
developments and Policy 22 (Flood risk) seeks to ensure that new developments
do not take place on sites which are functional flood plains or result in flood risk
increasing on adjacent land. Policy 26 (Business and Industry) encourages,
promotes and looks to facilitate business interests in suitable locations, providing
a number of criteria is met – such as the development (by virtue of its nature and
scale) is compatible with the surrounding area.

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43 Policy 29 (Rural development) promotes economic activity and diversification in
areas with populations under 3000, and Policy 30 (Tourism) offers support
tourism in suitable locations providing the development is suitably scaled, sited
an designed to be in keeping with the character of the area. 
44 In terms of the LDP2, the site is located immediately outwith the settlement
boundary of Dunkeld and Birnam, and within an area which is both culturally and
naturally sensitive. Policies 1(Placemaking), 6 (Settlements), 8 (Rural business
and Diversification), 9 (Caravan sites), 15 (Public Access), 26 (Archaeology), 28
(Conservation areas), 29 (HGDL), 38 (Environmental designations), 39
(Landscape), 40 (Trees), 41 (Bio-diversity), Policy 47 (River Tay Catchment
Area), 52 (Flooding), 53 (Water Environment and Drainage), 55 (nuisance from
Artificial Light and Light Pollution), 56 (noise) and 60 (Transport Standards and
Accessibility Requirements) – are all relevant. 
45 Policy 1 seeks to ensure that all new developments do not have an adverse
impact on the areas in which they are located, whilst Policy 6 looks to restrict
new developments immediately adjacent to settlements, except in certain
instances. Policy 8 offers support for new and extensions of existing rural
businesses, and Policy 9 offers support specifically for new caravan sites in
suitable locations. 
46 Policy 15 seeks to protect both designated and other well used public access
routes, and Policies 26, 28 and 29 looks to protect our cultural assets in terms of
both potential physical impact and impacts on their character, appearance and
settings.   
47 Policies 38 and 47 seeks to protect our environmentally designated sites and
their qualifying interests, Policy 39 looks to protect our designated landscapes,
Policy 40 seeks to protect existing trees and Policy 41 seeks to ensure that both
protected and local wildlife is fully considered when determining planning
applications. Policies 52 and 53 seek to ensure that new development is not
affected by flood risk, that new development does not increase flood risk
elsewhere, and that water management is fully considered as part of the
development. Policies 55 and 56 seek to ensure that residential and other
sensitive receptors are not adversely affected by noise and light nuisance. Finally
Policy 60 looks to ensure that a proposal which could generate a significant
about of travel movements are supported by a Transport Assessment and that
for all proposals an acceptable (and safe) means of access can be delivered. 
48 In terms of statutory SPGs, the Council’s guidance on Placemaking, Flood Risk
and Developer Contributions are all applicable, and the content of these broadly
follows the comparable LDP2 policies. 
Land Use Acceptability 
49 The proposal was subject to pre-application discussion with the Council, which in
general terms offered support for the principle of an extension of the existing

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caravan site. That response did nevertheless include some caveats, especially in
terms of the impact that the development would have on the character and
amenity of the existing area. In addition to this, there has been a significant
change in planning policy since that pre-application advice was offered, with the
adoption of the NPF4 reframing the policy context from that at the time of the pre-
application advice. 
50 The layout has been amended from what was submitted at the pre-application
stage, to account for some of the comments made and has addressed (or
reduced) some of the concerns – but not them all. 
51 The proposed extension is very large with around 4.2ha of new development,
which clearly does not comprise several additional caravans or even a cluster. It
could be argued that the scale of what is proposed is more akin to a new resort
altogether when looked at in isolation, and this is a concern. 
52 In terms of relevant land use policies, Policy 30 of the NPF4 specifically relates to
tourism development and lists caravan sites as an example of what
developments it considers. Policy 26 of the NPF4 is also supportive of business
expansions, and both these policies talk about offering support for sites which
are in locations identified in the relevant LDPs. For sites outwith settlements,
these will only be supported if certain criteria can be met, delivered and that the
nature and scale of the development is compatible with the surrounding area. 
53 In terms of Policy 29 the intent is to encourage rural economic activity whilst
ensuring that the distinctive character of the rural area, natural assets and
cultural heritage are safeguarded. The policy itself also explicitly states that
development proposals in rural areas should be suitability scaled, sited and
designed to be in keeping with the character of the area concerned. 
54 As this site is not identified within the LDP but is immediately outwith the
settlement boundary, the acceptability of this development against all three of
these NPF4 policies is ultimately whether or not the nature and scale of the
development is compatible with the surrounding area. 
55 The existing principal part of the caravan site is set within a distinct historic
woodland setting, and generally it has a very adhoc arrangement of caravans,
reflective of their siting within spaces between existing trees and contained in the
wider landscape by a protective woodland setting. Those existing trees being
protected by virtue of being within a Conservation Area. The development
proposed is conversely situated essentially within a large open field, which is
then proposed to be divided and ‘framed’ by new planting and landscaping,
mainly along the eastern boundary. 
56 It is acknowledged that there is landscaping proposed along the east boundary,
however the resultant development by virtue of its scale would not fit well within
its setting and would require further significant new planting to mitigate the
adverse impacts.  Particularly the splitting of the existing open field and

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proposed planting, which will take a significant period to establish, creates a new
and manufactured boundary.  This new landscaping will not, particularly in the
initail period of establishment, provide satisfactory mitigation of the landscape
impacts. Further, there is limited landscaping proposed within the site, in order to
reflect the woodland setting within the existing caravan site. Thus the nature of
the development, a more dense and regimented layout not reflect the existing
layout to the west and as a result is significantly different and not compatible with
the existing area. This approach is not acceptable and raises direct conflict with
all the aforementioned NPF4 polices. 
57 Lastly, in terms of the NPF4, Policy 9 is also relevant. Under part b), it is stated
that ‘Proposals on greenfield sites will not be supported unless the site has been
allocated for development or the proposal is explicitly supported by policies in the
LDP. In this case the site is not allocated for development within the LDP. As
such compliance or otherwise of this policy would be dependant on whether or
not the development is explicitly supported by policies in the LDP2. For reasons
set out below, the proposal is considered contrary to the LDP2 and thus fails to
accord with Policy 9 of the NPF4. 
58 In terms of the LDP, Policies 1, 6, 8 and 9 are all directly applicable in terms of
purely land use issues. Taking these in turn, for the reasons just outlined above,
the development is manufacturing a new site and related limited containment in
the landscape, but which would also be at odds and differ significantly from the
existing site in terms of how it is viewed, how it looks, and how it compares to the
existing ad hoc layout and woodland setting. As such, proposal is considered
contrary to Policy 1 as the existing environs are not being respected. 
59 In terms of Policy 6 of the LDP2, this looks to prohibit new development outside
settlement boundaries unless (in the case of this development), the proposal is
either in accordance with Policy 8 or is justifiable on the basis of a specific
operational and locational need and it can be demonstrated that there are no
suitable sites available within the settlement boundary. 
60 In this case, the existing site is ‘locked’ in for all other directions (apart to the
east), so the only option for expansion would be to the east as proposed. There
would be a reasonable business case for not seeking to physically split the
business operations of the site over two divorced sites, and on this basis, there
would therefore be some compliance with this part of Policy 6 and developing on
land immediately outwith the settlement boundary.  But this alone does not
automatically merit approval or outweigh other considerations due to other
conflicts across various Development Plan policies. 
61 In terms of compliance with Policy 8, which offers support for the expansion of
existing rural businesses, and states that the preference would be either within or
adjacent to existing settlements – which is the case here. The policy continues
that all proposals must be compatible with the surrounding land uses and will not
detrimentally impact on the amenity of residential properties within or adjacent to
the site. In this regard the use (holiday accommodation) itself would be

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considered generally compatible with the surrounding uses, however the
development layout and appearance would not necessary be considered
compatible with the existing context and land use and would introduce a visually
different type of holiday resort which does not relate to the surroundings by virtue
of its scale, layout and appearance. 
62 Policy 8 goes on to say that new tourism related development must be justified
by a business plan. On this, reference to the existing business is included within
the supporting planning statement, including that an extra justification for the
proposals is to avoid overcrowding of the existing site and the need to remove
existing trees.  However its extent and content would not ordinarily be
considered sufficient as a formal business plan. It is however acknowledged that
in this part of Perthshire, there would be a demand for holiday units of the kind
proposed – although no evidence base is provided. Notwithstanding it is
accepted that such a proposal would result in an increased tourism offering, as
wells as jobs during and post construction.  
63 For this reason, the proposal is in conflict with elements of Policy 6 and 8 by
virtue of the details which have been brought forward, but perhaps not necessary
the principle of an extension. 
64 In terms of Policy 9B, which relates to new or expanding caravan sites, the sole
policy consideration is compliance with Policy 1 of the LDP2. As stated before,
whilst the principle of an extension could be justified in this adjacent to settlement
boundary location, the scale and nature of the development is not considered in
keeping with the character of the area. 
65 For reasons stated above, whilst there may be some high-level support for the
principle of a form of extension on the basis of promoting tourism and business,
the nature and scale of the proposed development raises direct conflict with a
number of Development Plan policies. 
Visual Amenity, Design and Layout  
66 In isolation, what is presented is a fairly standard caravan site layout and whilst
the presence of the pipeline has some degree of influence on it, there is a good
level of open space and recreational areas for users of the facility to enjoy. 
67 Nevertheless, the limited level of containment and uniformity of layout is
considered significantly at odds with the existing site, and the wider surrounding
context which is typified by small areas of development which is intertwined with
trees. The scale and nature of what is proposed is thus not considered to be
compatible with the existing surroundings and would therefore have an adverse
impact on the visual amenity of the wider area. 
68 It is clear from the representations that the public path which runs along the
south bank of the Tay is very popular, and is enjoyed by many. The development
would have a significant impact on the visual amenity value associated with this

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walk, and whilst some new landscaping and planting is proposed, there would
remain an adverse impact from the existing – which would be emphasised by the
scale of the extension. Accordingly, for this reason the layout and design are
considered to be contrary to Policy 1 of the LDP2, and the associated
Placemaking Guide 2020 – both of which looks to protect visual amenity, and to
avoid incongruous developments. 
69 A smaller scaled extension that was set out and more significantly landscaped to
reflect the character of the existing area, would have less of a visual impact, and
potentially be more reasonable and acceptable. 
Landscape  
70 Perceived visual amenity and landscape impacts are interlinked to some degree,
but they are different entities and have different thresholds, and benchmarks for
assessing the level of impact(s). This application has been supported with a
Landscape and Visual Impact Assessment, which is useful in assessing the
potential impact of the development, especially as the site is set within a
sensitive natural setting which is part of both an NSA and a HGDL. 
71 Both HES and NatureScot have commented and have not raised any objection in
terms of its impact on the landscape. In light of this, and notwithstanding the
Council’s concerns over the more localised visual impact of the development, in
wider landscape terms and in particular its impact on designated sites, the
proposal is considered acceptable and in accordance with the relevant landscape
and natural places policies of the Development Plan.    
Residential Amenity  
72 In terms of the impact on existing residential amenity, whilst there has been a
considerable level of local opposition it would be unlikely that the development
itself would have any unacceptable direct impact on existing residential amenity
in terms of overlooking, loss of privacy, etc. In relation to noise and external light
pollution, these could be controlled to ensure that nuisance does not occur, or is
at least mitigated to within acceptable standards. 
73 The issue of loss of an area which might contribute to people’s appreciation of
local visual amenity when away from their homes i.e. recreational walking, is a
different consideration as noted above. 
Roads and Access  
74 In terms of road related matters, the application is supported by a Transport
Assessment (TA). The methodology of that assessment is considered acceptable
and in-line with current standards. The Council’s Transportation and
Development team have raised a number of minor points which, in the event of
any approval should be resolved or addressed by conditions. These include
matters such as (evidence to show) the ability of fire appliances to safety enter

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and leave the site, and footpath links to the wider path network. These matters
could be reasonably addressed via conditions. 
Drainage and Flooding  
75 In terms of drainage, the proposal does not raise any concerns in principle
however some further details regarding the SUDS areas would require to be
secured via conditions, including long terms maintenance regimes. 
76 It is noted that many of the representations comment on the lack of capacity at
the local wastewater treatment plant, however Scottish Water (SW) do not object
and would require to confirm a connection at the correct stage. The applicant has
not proposed private foul drainage so it is taken that a public connection is to be
made. 
77 In terms of flooding, a detailed FRA was initially submitted but required an update
in terms of the methodology to reflect the current guidance of the NPF4 and
incorporate flood modelling that fully evidenced the flood risk area as defined in
the NPF4 - 1:200yr plus climate change extents (currently 53% for the Tay). 
78 The updated FRA shows that the northern extents of the site see an area which
would be affected by flood water however movement of some of the caravans
has addressed this, SEPA have confirmed that subject to this amendment, their
objection is addressed. Plan No 40 reflects this minor change. 
Conservation Considerations  
79 There are some conservation considerations, with a western part of the site
within the Conservation Area, and the wider site within the HGDL associated with
Murthly Castle. In the case of both, it is not considered the proposal would have
a significant impact on the interests of either designation and it is noted that HES
share this view. 
Natural Heritage and Biodiversity  
80 In terms of ecology (in isolation from the tree survey), the work undertaken is
comprehensive and covers all the areas required. In the event of any approval
being forthcoming, the recommendations within the ecology report should be
subject to conditional control. 
Impact on Trees  
81 Whilst ecology work is acceptable, there remains a lack of detailed information in
respect of trees bounding the site to the north and an area of Ancient Woodland.
A tree survey has been submitted, and the associated report mentions this
grouping, but fails to include any specific details for any of these trees. More
importantly, the tree protection plan showing the line of protective fencing is
considered to be arbitrary, and there is some doubt as to how this has been

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worked out (i.e. based on the stem diameters), since the affected trees do not
appear to have been individually surveyed. In light of their status and size, a
survey of all trees within 30m of the application boundary should have been
undertaken, to determine their diameter and then accurately plot their RPA’s and
position of protective fencing. In the event of any approval being forthcoming,
conditions to this effect should be considered to ensure the development
complies with Policy 41 of the LDP2 and also Policy 6 of the NPF4.    
Loss of Agricultural Land 
82 Within a number of representations, a concern has been made regarding the
permanent loss of agricultural land, classed as 3.2 (non-prime).  Although whilst
the area would be permanently lost to farming if the development was to
proceed, it would be unlikely that the size of the area would have a significant
impact on the local arable land capacity and stock. 
Public Access  
83 Along the northern boundary of the site is a public path, which is both a core path
(Ref: DUNK/10) and a right of way. This path appears to be outwith the planning
site, however in the event of any approval being considered standard conditions
in relation to ensuring accessibility across the path both during construction and
on completion must be subject to appropriate conditions, as well as the additional
new connections already tabled.  
Pipeline Implications 
84 There is a gas pipeline which runs through the site from the north west to the
south east corners. Whilst HSE online guidance shows no objection to the
proposal, the operator of the pipeline has placed a holding objection and is
looking for further discussions onsite with the applicant. In the event of any
approval being forthcoming, this issue should be resolved fully before any
decision notice is issued. 
Embedding Low and Zero Carbon Generating Technologies 
85 In the event of any approval being forthcoming, a condition must be attached to
the permission which requires the submission of a statement that demonstrates
how the development will provide 10% of the current carbon emissions
standards, in accordance with the requirements of Policy 32 of the LDP2. 
Developer Contributions  
86 The site is located outwith the catchment areas for Transport related
contributions. In terms of Affordable Housing, and Primary Education related
provision / contributions, as these units will be for holiday use only there is no
requirement for either.

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Economic Impact  
87 The recommendation of refusal could have a negative impact on the local
economy. The applicant’s agent has indicated that the development proposed
would support 8 new full-time posts. 
VARIATION OF APPLICATION UNDER SECTION 32A 
88 Additional information in relation to a number of matters was submitted during the
assessment of this planning application, and one formal renotification of
neighbours and other interested parties took place.   
DIRECTION BY SCOTTISH MINISTERS 
89 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 
90 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 be contrary to the Development Plan. 
Account has been taken of the relevant material considerations and none has
been found that would justify overriding the Development Plan. 
RECOMMENDATION   
Refuse the planning application for the following reasons: 
1. The proposal comprises a significant new development which would a) not
respect the character and appearance of the existing area, b) would require a
new landscape setting to be introduced, with proposals set out not considered
sufficient and c) would result in a visually incongruous development within the
context of the surrounding area.  The proposal is therefore contrary to Policy 1
(Placemaking), Policy 8 (Rural Business and Diversification (criteria (c)) and
Policy 9B (Caravan Sites, Chalets and Timeshare Developments) of the adopted
Perth and Kinross Local Development Plan 2 (2019) and the Council’s statutory
supplementary planning guidance on Placemaking (2020), as the development
would not be compatible with the existing surrounding land uses, and would have
an adverse impact on the existing character and appearance of the surrounding
area.   
2. The scale and nature of the development is neither compatible or in keeping with
the surrounding area. Accordingly, the proposal is contrary to Policy 29(b) (Rural
Development) and Policy 26(d)(ii) (Business and Industry) of the National

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Planning Framework 4 (2013), both of which only support new developments
which are compatible and in keeping with the existing surrounding areas. 
3. As the site is a) not allocated for development and b) not explicitly supported by
policies in the Local Development Plan, the proposal is contrary to Policy 9
(Brownfield, vacant and derelict land and empty buildings) of the National
Planning Framework 4 (2023) which only permits new development on greenfield
sites in certain instances. 
Justification  
The proposal is not in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan.  
PROCEDURAL NOTES 
None applicable. 
INFORMATIVES 
None applicable. 
Background Papers:  99 letters of representation
Contact Officer: Andy Baxter 
Date:  15 February 2024 
DAVID LITTLEJOHN
STRATEGIC LEAD – ECONOMY, DEVELOPMENT AND PLANNING