23/00491/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. 24/72) PROPOSAL: Formation of leisure development comprising erection of 124 holiday accommodation units, community hub with reception/leisure/retail areas with other associated uses, formation of vehicular access, motorhome stances, SUDS ponds, treatment plant, parking, landscaping and associated works LOCATION: Whinstone Quarry, Devonshaw, Powmill Ref. No: 23/00491/FLM 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. BACKGROUND AND DESCRIPTION OF PROPOSAL 1. The site relates to the former Whinstone Quarry located between Powmill and Blairingone, on the south side of the A977, approximately 1km to the west of Powmill and 0.5km from the small hamlet of houses at Gartwhinzean Loan to the east of the quarry. The site extends to approximately 14.1ha and is bound to the north by the A977 and to the south by a residential property known as Craigend. Farmland largely bounds the east and west boundaries. 2. The site slopes uphill from the A977 and flattens in the middle beside the old quarry and deep water lochans (two). The largest of which is approximately 18m deep, surrounded by near vertical quarry sides and has a beach. The slopes are covered in woodland and the old quarry is characterised by steep scarp features to the south and west. The boundaries of the site are wooded and the interior has semi-naturalised over time. To the northwest of the site there is a SSSI, Gartwhinzean Meadow, which is an area of unprovoked grassland which has been designated to protect a wide diversity of plant species – including butterfly orchid. The SSSI is also within the applicant’s ownership. 3. The site is popular with walkers, climbers and divers and has also been subject to fly tipping and overnight camping stays, all not supported by the landowner. The site received planning permission for 4 dwellinghouses and leisure facilities
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in 2011 (ref: 11/00111/FLL). This encompassed a significantly smaller area (1.95 hectares) than the current proposal. Works commenced in 2015 on the access, therefore the permission remains extant. No further works have been undertaken. The principle of redeveloping the quarry has therefore been identified as acceptable to the Council, however, this new proposal significantly increases the area of development and nature of the proposed use. 4. The proposal now relates to the formation of a leisure development comprising the erection of 124 holiday accommodation units, community hub with reception/leisure/retail areas and other associated uses, formation of vehicular access, motorhome stances, SUDS ponds, treatment plant, parking, landscaping and associated works. 5. In terms of accommodation, a total number of 114 lodges are proposed in a mix of 2 and 3 bedrooms spread across 3 differing lodge types. These are to be positioned in various locations throughout the site. The majority within lower areas to the north, east and around the floor of the quarry adjacent to the existing lochans. A small elevated area on the east side of the main lochan will be utilised to form a small group of lodges. Lodge locations across the central parts of the site will utilise some of the steeper slopes of the site where topography allows. Other than lodges 10, one bed glamping pods are also proposed, 8 in the higher western area above the western rock faces of the quarry with a further 2 proposed towards the northern part of the site. 6. Close to the site entrance a reception building and parking, maintenance unit, grassed recreation area, equipped play area and 10 serviced Aires suitable for motorhome overnight stays. A private sewage treatment plant is proposed with a separate holding tank and flushing point for chemical toilet disposal for the Aires. Two new SUDs are proposed for attenuation and treatment for surface water drainage, adjacent to the northern boundary and either side of the vehicular access off the A977. 7. In addition to the new vehicular access from the A977, new footways are proposed on the north and south side of the A977 to enable continued pedestrian connection from the site to Powmill. Pre-Application Consultation 8. Proposal of Application Notice Reference: 22/00008/PAN 9. The proposed development is classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was required to undertake a formal pre-application consultation with the local community and a Pre-Application Consultation (PAC) Report has been submitted in support of the application which confirmed the extent of consultation activity undertaken and in this case it complies with the content of the measures agreed through the Proposal of Application Notice.
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Environmental Impact Assessment (EIA) 10. EIA screening reference: 21/01562/SCRN 11. An EIA screening opinion has been issued by PKC in relation to the proposal. This concluded that an EIA was not required, as the proposal was not considered likely to have significant environmental effects. DEVELOPMENT PLAN 12. 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 13. 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. 14. NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 15. The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crisis • 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 18: Infrastructure First • Policy 20: Blue and Green Infrastructure • Policy 22: Flood Risk and Water Management • Policy 29: Rural Development • Policy 30: Tourism Perth and Kinross Local Development Plan 2 16. 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.
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17. The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 6: Settlement Boundaries • Policy 9A: Caravan Sites, Chalets and Timeshare Developments: Existing Caravan Sites • Policy 14A: Open Space Retention and Provision: Existing Areas • Policy 15: Public Access • Policy 17: Residential Areas • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy • Policy 34A: Sustainable Heating &Cooling: Heat Networks, Major Development and LDP Site Allocations • Policy 38A: Environment and Conservation: International Nature Conservation Sites • Policy 39: Landscape • Policy 40A: Forestry, Woodland and Trees • Policy 40B: Forestry, Woodland and Trees • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 48A: Minerals and Other Extractive Activities - Safeguarding: Sterilisation of Mineral Deposits • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 55: Nuisance from Artificial Light and Light Pollution • Policy 56: Noise Pollution • Policy 58A: Contaminated and Unstable Land: Contaminated Land • Policy 60B: Transport Standards and Accessibility Requirements: New Developments Planning Advice Notes 18. The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 1/2011 Planning and Noise • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements • PAN 75 Planning for Transport • PAN 77 Designing Safer Places
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Supplementary Guidance 19. • Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) • Supplementary Guidance - Renewable & Low Carbon Energy (draft) Non Statutory Guidance 20. • Planning Guidance - Planning & Biodiversity Creating Places 2013 21. 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 22. 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 23. 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 24. 09/01221/IPM Change of use of brownfield site to mixed use containing care facility, heritage centre, dwellings, staff accommodation, orchid nursery, manufacturing and retail outlets, anaerobic digester and woodland walks (in principle). Application withdrawn March 2010. 25. 10/01178/FLM Change of use of brownfield site to mixed use containing care facility, heritage centre, dwellings, staff accommodation, orchid nursery,
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manufacturing and retail outlets, anaerobic digester and woodland walks (in principle). Application withdrawn July 2010. 26. 10/00017/PAN Formation of mixed use development comprising of alpine nursery, micro-brewery, heritage centre, dwellinghouses, staff accommodation, orchid nursery, manufacturing and retail outlets, anaerobic digester and woodland walk. Approved December 2010. 27. 11/00111/FLL Erection of 4 dwellinghouses and change of use of part of former quarry to leisure. Approved March 2013. 28. 21/01562/SCRN Tourist and leisure related development. EIA not required - September 2021. 29. 22/00008/PAN Formation of leisure development comprising erection of holiday accommodation units, community hub with reception/leisure/retail areas with other associated uses, formation of vehicular access, motorhome pitches, SUDS ponds, treatment plant, parking, landscaping and associated works. Approved March 2022. CONSULTATIONS 30. As part of the planning application process the following bodies were consulted: External 31. Scottish Environment Protection Agency (SEPA) - No comments. 32. NatureScot - No objections. Recommendation that no gorse is planted adjacent to the SSSI and that landscaping proposals incorporate planting to ensure a visual and physical barrier between the proposed site and adjacent SSSI which can me managed through conditional control. (Condition 22). 33. Scottish Water - No objections. Advise there is currently sufficient capacity to service the proposed development at Glendevon Water Treatment Works, however, a full Water Impact Assessment is required. Early contact directly with Scottish Water is encouraged. (Informative 9 refers). 34. Perth and Kinross Heritage Trust (PKHT) - No objection. Advise the proposed development area does not raise any significant issues and no archaeological mitigation is required. 35. Fossoway and District Community Council - object on the following grounds: • Impact on natural environment. • Sustainable travel.
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Internal 36. Enterprise Team - No comments. 37. Commercial Waste Team - No objection. 38. Environmental Health (Contaminated Land) - No objection, subject to condition 30. 39. Environmental Health (Noise Odour) - No objection. Advise that standard conditions are required in respect of noise/odour/lighting and an informative is required in respect to the submission of a licence application to PKC Environmental Health. (Conditions 16-20 inclusive and Informative 10). 40. Development Plan - No objection following the submission of revised/further details in respect to lodge design, Aires, recreational resource and low and zero carbon technologies. Advise that a condition is required limiting the use of the site to holiday use and for the provision of a recreation plan. (Conditions 32 and 34). 41. Development Contributions Officer - No comments to make in terms of the Developer Contributions and Affordable Housing Supplementary Guidance. 42. Transportation and Development - No objection, subject to conditions requiring ghost island, visibility splay infrastructure, cycle storage, lodge/pod parking, footpath connection, bus shelters and a construction Traffic Management Plan (TMP) as part of the required Construction Environment Management Plan (CEMP). (Conditions 5-13 inclusive). 43. Structures and Flooding - No objection, following clarifications and further information. 44. Biodiversity/Tree Officer - No objection, subject to condition, following clarifications and further information. (Condition 25 relates). Representations 45. Eight objections were received including Fossoway Community Council. The main issues raised are: • Contrary to Development Plan Policy • Flood Risk • Inappropriate Land Use • Light Pollution • Loss of Trees • Out of Character with Area • Over Intensive Development • Road Safety Concerns
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• Traffic Congestion • Sustainable Travel • Biodiversity Loss • Loss of daylight/sunlight • Loss of open space • Inappropriate housing density • Visual amenity • Overlooking 46. These issues are addressed in the Appraisal section of the report. ADDITIONAL STATEMENTS 47. Screening Opinion EIA Not Required. Environmental Impact Assessment (EIA): Environmental Report Not Required. 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 • Ecological Impact Assessment. • Tree and Woodland Management Plan. • Sustainability Assessment. • Transport Assessment. • Site Investigation Report. • Japanese Knotweed Report. • Archaeological Assessment. • Drainage Strategy Report. • Visual Impact Assessment. APPRAISAL 48. 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. 49. It is important to note that both National Planning Framework (NPF4) policies and Local Development Plan 2 (LDP2) policies apply except where they are not compatible in which case NPF4 policies prevail.
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Principle 50. As noted above, the site sees planning permission in place for 4 dwellinghouses and leisure facilities, therefore, the principle of the redevelopment of the site has been established. The new proposal, however, does significantly increase the area to be developed and the proposed use and as such the application falls to be assessed by the relevant policies of the development plan. 51. National Planning Framework 4 (NPF4) Policies 9 (Brownfield, vacant and derelict land and empty buildings), 29 (Rural Development) & 30 (Tourism) and Local Development Plan 2 (LDP2) Policies 8 (Rural Business & Diversification) & 9 (Caravan Sites, chalets & timeshare developments) are considered to be relevant to the overall principle of the development. 52. NPF4 generally seeks to ensure that development is focussed within towns and cities but acknowledges the need to sustain rural economies while protecting the countryside where it genuinely contributes to the outcomes of policy. However suburbanisation of the countryside and unsustainable travel and development patterns should be avoided. 53. These principles are also evident in Perth and Kinross Local Development Plan 2019 (LDP2), with Policy 6 - Settlement Boundaries stipulating that for settlements with a defined boundary in the Plan, development will not be permitted outside that boundary. Although the proposal is not located within the settlement boundary and therefore fails to comply with Policy 6 of the LDP2, there are exceptions set out through LDP2 Policy 8: Rural Business Diversification. NPF4 Policy 29 Rural Development is generally in line with LDP2 Policy 8, in supporting rural business. 54. Policy 8 outlines that the Council is supportive of the creation of new businesses in rural areas provided that they will contribute to the local economy through the provision of permanent employment, involve visitor accommodation, or create additional tourism or recreational facilities, or involves the re-use of existing buildings. The policy also identifies a set criterion which all proposals are expected to meet. 55. NPF4 Policy 9 encourages the redevelopment of brownfield land, helping to reduce the impact of vacant and derelict sites on communities. Policy 9a) states that “development proposals that will result in the reuse of brownfield land including vacant and derelict land and buildings, whether permanent or temporary, will be supported. In determining whether the reuse is sustainable, the biodiversity value of brownfield land which has naturalised should be taken into account.” In this instance, the site is clearly brownfield in nature due to its former use as a quarry, therefore its redevelopment and enhancement accords with NPF4 Policy 9, subject to the numerous conditional requirements as set out further below.
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56. LDP2 Policy 9C relates to chalets and states that the Council supports such development “where it is clear these cannot be used as permanent residences and meets a specific need by virtue of its quality or location in relation to existing tourism facilities.” Conditional control can be applied to restrict the use of the units to ensure compliance with Policy 9c. In addition, as with all development, Policy 9c requires compatibility with Policy 1: Placemaking and NPF4’s six qualities of place. 57. LDP2 Policy 8 and 9 is supported by Policy 30 Tourism of NPF4, which requires proposals for tourism development to take into account the contribution made to the local economy, compatibility with surrounding land uses, impacts on communities, by for example hindering the provision of homes and services for local people, opportunities for sustainable travel, opportunities for access to the natural environment amongst others. 58. A detailed Business Plan accompanies the application which considers the potential future demand for the type of accommodation proposed. It reports that the most recent occupancy figures (April 2022) indicate that self-catering occupancy was 42.07%, compared to only 5.38% in April 2021, however, occupancy levels had still not recovered to the April 2019 level of 51.59%. Chalet/lodge occupancy in April 2022 was 75.32%, compared to 74.60% in April 2019 suggesting that the demand for chalets/lodges has recovered more quickly than other self-catering properties and that demand appears strong. Glamping occupancy in April 2022 was only 7.67% compared to 30.35% in April 2019, meaning it has not recovered to the same extent. 59. This information is considered to indicate that emerging trends include localism and authentic experiences, workcations and potentially artisanal retail and food/drink which a development as proposed could be well placed to capitalise on. The Business Plan provided a positive view emerging from the market assessment and gives reason to believe that it should have a good chance of generating positive demand and occupancy levels. 60. The Business Plan indicates the proposal will be marketed to couples and families/family groups attracted by the tranquil ambience, range of onsite facilities and nearby forest walks at Lambhill and dog walking routes. The site also provides easy access from/to locations and attractions throughout the Central Belt of Scotland. 61. The proposal would be purpose-built holiday accommodation and would not result in the loss of existing housing stock to holiday accommodation. The former quarry site has returned to a natural state in part but only where natural regeneration has been possible excluding areas of land which has been previously developed such as the quarry floor, area around the lochans, internal access roads and site access. The impact on the natural environment is addressed through the submission of a tree/woodland survey and ecology survey which is referred to further below.
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62. In terms of its contribution to the local economy, the Planning Statement (para 6.2.59) (drawing number 48) states that a key objective of the proposed development is to ensure that it supports local businesses rather than pulling business away from these. The proposed multiuse path to Powmill will also support this. The proposed on-site shop, which forms about half of the 87 square metre reception building, appears suitable to meet the needs of site visitors and not be a wider draw. Any further additional facilities in the future must not impact the viability of businesses in Powmill and would require a separate application to be assessed under NPF4 Policy 30(b)(iii). 63. In terms of its compatibility with the surrounding area, there is no doubt that the proposal is a significantly sized development which has potential to cause impacts beyond the site due to the number of accommodation units and vehicle movements. However, the nature of the site itself is self-contained. The impact on the road network is addressed through the submission of a transport assessment which is referred to further below. The potential for a minibus for site visitors to access public transport elsewhere has been stated in the Design and Access Statement (drawing number 63) to help reduce car dependency, however, as there is a local bus service which passes the site (Service 202) the addition of enhanced bus stops outside the site may be more appropriate. The site is also considered to provide an opportunity to explore the surrounding area for leisure cycling using the existing road network (minor roads) and the proposed multi use path into Powmill which will allow for more sustainable means of travel. It is regrettable that a multi-use path could not be provided to the south/southwest/southeast to tie into the existing core path network, however, this was constrained due to land ownership issues. 64. The proposed development does not give any cause for concern with regard to impact on travel patterns, surrounding land uses and other rural businesses. There is an opportunity to provide a high-quality development on what is a fairly unique site. The site is also large enough to accommodate this proposed tourism development and therefore the principle of development is considered to comply with NPF4 Policies 9, 29 and 30 of NPF4 and Policies 8 and 9 of LDP2. Design and Layout Lodges 65. The 114 lodges see 3 differing types and a mix of 2 bedrooms (56) and 3 bedrooms (58). • Lodge type 1 – 40ft x 20ft in either 2 or 3 bedrooms; • Lodge type 2 – 44ft by 20ft in either 2 or 3 bedrooms; • Lodge type 3 – 40ft x 12ft in a 2 bedroom only. 66. Initially, Lodge types 1 and 2 were to be coloured white and Lodge type 3 brown, however, this has been amended to see all lodges in a brown colour to better fit the surrounding environment. The approximate height of all lodges is c.3.3m.
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67. The lodges are to be positioned throughout the site, in groups, with the majority in lower areas. A small grouping is to be on slightly elevated ground above the quarry floor/main lochan. 68. The central lodge locations utilise some steeper slopes where topography allows with some engineering work as necessary. 69. Selected lodges throughout the site will also have decking wrapping around 2 elevations. No details have been submitted for the decking, however, this can be agreed by condition (condition 15). Glamping Pods 70. Ten, one bed glamping pods are proposed (6m by 3m and 2.9m high). Eight in the western area and two closer to the front of the site, behind the reception building. All have decking wrapping around 2 elevations and the drawings indicate hot tubs thereon. No details have been provided for the decking or hot tubs, however, as above this can be agreed by condition (condition 15). Finishing materials have not been provided, however, it has been noted within the supporting information that these are to be finished to tie in with the lodges. Conditional control is recommended for all finishing materials (condition 14) Community Hub 71. Community Faciliites are to be located a short distance from the site entrance, see details below. Reception Facility 72. This 87 square metre building will be located off the site entrance and will be of pitched roof construction and containing a foyer, reception, member’s lounge, staff room, wc’s and shop. It measures 14.6m by 6.9m and 4.1m to the ridge. An air source heat pump is proposed on the east gable and whilst no finishing materials have been provided the drawings indicate that the building will be finished a dark grey colour. Suitable conditional control (condition 14) will be applied to any consent. A decked area with balustrade will be positioned along the front and rear elevations, accessible from glazed doors. Maintenance Shed 73. The maintenance shed is proposed in the northwest corner of the site, close to the entrance. It is also to be of pitched roof construction and will measure 8.3m by 8.3m to a height of 4.5m to the ridge. It is to accommodate the service plant and machinery for the proposed development. Again, no finishing materials have been provided, but is indicated to be finished in a dark grey colour to match the Facility Building. Finishes can be controlled by condition (condition 14).
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74. Given the nature of the site, its surroundings and the proposed accommodation, it is suited to a rural location. The former quarry also well contained and discrete from its wider rural setting. The proposed buildings would be of simple form and muted in appearance and overall commensurate with the scale of the site. Consequently, it is considered that the scale, design and use is compatible with the wider landscape and would not detract from the character or appearance of the area. 75. In conclusion, it is considered that the proposed development of this rural brownfield site will provide a positive impact on the surrounding built and natural environment and complies with NPF4 Policy 14: Design, Quality and Place and LDP2 Policy 1 Placemaking as the design, density and siting of the lodges and glamping pods respects the character and amenity of the place with improved connections and new landscaping and planting. Finalised finishing materials should be submitted for agreement through conditional control, conditions noted above. Residential Amenity 76. There are residential properties within close proximity, this includes the hamlet of dwellinghouses to the northeast (Gartwhinzean Loan), Gartview to the east and the closest, Craigend to the south. The southern boundary of the application site adjoins that of Craigend and the closest Lodge (Lodge number 71) is located over 25m from the shared boundary and with intervening landscaping. Craigend in turn is set back c.12m from the shared boundary. Similarly, a small section of the eastern boundary adjoins that of Gartview and the closest Lodge (Lodge number 49) is in excess of 25m from this shared boundary, again with intervening landscaping. Odour 77. The proposed maintenance building includes kitchen facilities. The applicant should be mindful that any proposed extraction system is commensurate with the types of cooking to be undertaken within the kitchen and controlled such that odours do not affect the residential amenity of any neighbouring properties or the wider locale. Conditional control is recommended. (Condition 17). Light Pollution 78. Light is likely to be emitted from within the proposed lodges. It is also likely that low level lighting columns along the access roads and paths is proposed, however, no details have been submitted. As such it is recommended that details are submitted prior to the commencement of development, controlled by condition. The EcIA recommends that sensitive lighting should be used for permanent lights, where this is safe and practical to do so and advice is provided on a range of measures to be incorporated into a sensitive lighting regime covering the design of lighting columns and their location away from treelines, the angle of direction below the horizontal and no upward spill of lights, use of
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warm white LED lights and no light to be directed on the water bodies. The Sustainability Assessment also confirms the Applicant’s commitment to the use of energy efficient LED lighting. Taking account of proximity to existing built development it is not considered lighting associated with the proposal would be detrimental to the surrounding residential amenity and if the measures described are implemented the wider environment. The proposal, subject to condition 18, is considered to comply with NPF4 Policy 14 and LDP2 Policy 56. Overlooking/Overshadowing 79. Concerns have been raised in the letters of representations in relation to the development having a harmful impact on daylight/sunlight and overlooking. In this case it is not considered the proposed lodges/pods will result in any significant overlooking or overshadowing of neighbouring properties due to different site levels, separation distances and surrounding screening. Noise 80. As the development is for holiday accommodation units, there may be a requirement for this development to be licenced under the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022. If a licence is required, noise conditions will form part of the licence. If a licence is not required, the applicant should ensure that there is good management in place to control noise generating activities, including user noise to ensure that residential amenity of the neighbouring residential properties are not affected. Additionally. given the distance to neighbouring residential properties (out-with the ownership of the applicant) there is the potential for noise from any plant to adversely affect the residential amenity of these dwellinghouses. The proposal also includes the provision of an Air Source Heat Pump on the proposed reception building and there is potential for its operation to create noise nuisance at neighbouring residential properties, however, noise can be controlled through good management of the site and it is, therefore, considered with conditional control (conditions 16, 19 and 20) the proposal accords with NPF4 Policy 23 and LDP2 Policy 56. Site Licence 81. Given the types of proposed units, the applicant is reminded that these fall under the definition of caravans and therefore a site licence will be required. An informative to this effect will be added to any consent. (Informative 10). Private Amenity Space 82. As the site is to be to be for leisure/holiday purposes no defined private amenity/garden space is provided for each of the lodges, other than decking to some units. Nonetheless it is important to ensure that there are no permitted development rights for investors/purchasers of the lodges. This can be secured through conditional control. (Condition 33)
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Landscape and Visual Impact 83. Safeguarding and enhancing landscape character is an important planning objective. It is considered that the long-term visual effects of the proposal will not have a significant impact on the landscape as its visibility is highly restricted owing to the site levels and surrounding screening. Where parts of the site are more elevated and open, it is not envisaged that the units will appear prominently when viewed from outwith the site. The development, where views are possible, will appear as a number of small lodges/pods set amongst trees finished in materials which mitigate their impact on the natural environment. The proposed development will be largely screened by existing trees, mainly along the A977 public road to the north and the U223 public road to the south. The site is well screened from public views by existing trees/vegetation which is proposed to be enhanced and intensified by the planting of new trees. 84. Consideration has been given to the character of the area and the characteristics of the site and its surrounding area in addition to the visibility of the site from all directions. Due regard has also been given to comments made in representations. It is considered that the development with enhanced landscaping will not have an adverse impact on the character and appearance of the site or the surrounding area. As such the proposal is considered to accord with LDP2 Policy 39. Roads and Access 85. All vehicular access will be via the A977 and the applicant has advised that trip generation is likely to result in 362 vehicles arriving and departing on site between the hours of 07:00 and 22:00 when at full occupancy. Colleagues in Road Safety have raised concerns surrounding the vehicle access into the site, as it is in a location with an unrestricted speed limit. To mitigate concerns a ghost island right turning lane is to be provided to allow traffic a space to wait to turn into the site. The design will have drainage implications, as a result a detailed design will be required. A condition is recommended . (Condition 6). 86. Two car parking spaces will be provided at each lodge and one space per glamping pod, along with covered cycle storage. Cycle storage for glamping pods will be a shared facility. The details of cycle storage has not been submitted and thus condition 11 is recommended. Internal roads will allow for access throughout the site. Twenty two car parking spaces (including 4 accessible spaces) will be available at the reception building at the lower part of the site, suitable for visitors and staff. Further accessible parking bays are to be located throughout the site. 87. Electric vehicle charging points will be available at two locations within the site, at the main reception and adjacent to Lodge 27. 88. The applicant is proposing to construct a footway along the A977 to connect the development with Powmill. This path was initially proposed to be 1m in width,
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which is below current standards. Inclusive Mobility advises that a minimum width of 2 metres should be provided and the plans have been amended to reflect this on the southern side of the A977, with the footway within Powmill to be no less than the current footway width. The path width is therefore considered acceptable. A condition is recommended for its delivery. (Condition 9). 89. Concerns are noted in the representations that the proposed footpath connection into Powmill would be an unpleasant walk due to traffic levels, vehicle speeds and the one metre width on the north side. As noted above, colleagues in Transportation and Development have not raised any concerns at the finalised arrangements and whilst it is recognised that walking along narrow, rural footpaths can be unattractive, the use of these footpaths to connect to public rights of way is not atypical and visitors would be aware of the potential need and risks associated. The same would be true for cycling. Moreover, there is a bus service which passes the site 9 times a day in each direction and ‘rural bus boarders’ shall be provided on both sides of the A977 to encourage the use of public transport for staff and visitors. These will see dropped kerbs incorporated. A condition is recommended for the design and location of the boarders with dropped kerbs. (Condition 7). 90. Given the rural location, it is likely that there will be some private motor vehicle journeys, to reach services and facilities. It is considered that tourists have some reliance on this mode to reach attractions, hospitality or shops outside of larger settlements. The proposal is, however, on a bus route where bus stops will be provided in close proximity to the site entrance, as noted above, with services to Kinross whereby onward travel can be accessed via the Kinross Park and Ride. It is therefore considered that this service has the potential to reduce the number of journeys by private motor vehicles, and the associated carbon emissions and that future occupiers would not be solely reliable on private vehicular transport. The proposed development is therefore considered to comply with NPF Policy 13 and LDP2 Policy 60. Construction Period 91. Construction implications must be considered for a project of this scale within a rural location. All development has a construction impact; however, this is not the same as long-term impacts of the end development/use. In this case it is considered that a Construction Traffic Management Plan could be put in place to mitigate and manage any impacts (Condition 26). Drainage and Flooding 92. The site is located outwith any flood risk area as identified on the SEPA flood maps. 93. Scottish Water records show no foul drainage in the vicinity of the site therefore a connection is unlikely. On this basis the foul drainage for the site is proposed to
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be taken to a private sewage treatment plant with sampling chamber with treated outfall taken to an existing watercourse north of the A977. The treatment plant is to be installed on the site close to the site entrance. Two new SUDs features will be created adjacent to the site entrance and will serve as attenuation for surface water drainage. 94. A SUDS and Drainage Strategy Report has been submitted in support of the application. Flooding and Structures have been consulted and initially sought some clarifications. However, following further technical drawings and information, these concerns have been addressed. 95. The Consulting Engineer for the proposal has confirmed “The rate of discharge from the site post-development will be reduced in all storm events when compared to the pre-development runoff rate. This demonstrates that there will be no increased flood risk to any of the fields or properties downstream of the development.” 96. Whilst it is noted within the representations concerns in relation to the drainage proposals, Flooding and Structures are satisfied the proposal meets with NPF4 and LDP2 Policies. 97. Scottish Water has advised that there is currently sufficient capacity at the Glendevon Water Treatment Works to service the development. They further advise a full Water Impact Assessment is required for this development and as such early contact directly with Scottish Water is encouraged. An informative can be added to any consent. (Informative 9). 98. Overall, the proposal, subject to conditions, complies with NPF4 Policy 22: Flood Risk and Water Management and LDP2 Policy 52: New Development and Flooding and Policy 53: Water Environment and Drainage. Aires 99. Motorhome Aires (x10) are proposed close to the entrance to allow for overnight stays. The Supporting Statement specifies that these are not to be serviced (i.e. no electricity or sanitary facilities). The provision for a safe offroad facility is welcomed, however the lack of services is considered a missed opportunity to provide tourist infrastructure. 100. NPF4 policy 30 requires decisions on tourism applications to take into account: (b)(ii) Compatibility with the surrounding area in terms of the nature and scale of the activity and impacts of increased visitors. 101. NPF4 Policy 18(b) states “The impacts of development proposals on infrastructure should be mitigated. Development proposals will only be supported where it can be demonstrated that provision is made to address the impacts on infrastructure.”
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102. The 10 Aires may lead to (a welcome) increase in visitors locally but with a consequent impact on the infrastructure. The applicant has provided information that there are sites nearby that provide disposal for their visitors but no information on whether these sites would allow for disposal for non-guests or have capacity to accept this. 103. The applicant has also stated that disposal would endanger the proposed private wastewater treatment system. Grey water, however, could be disposed of to this system and a standalone enclosed tank provided for black water (to be pumped out). The danger of not providing these services is that inappropriate disposal could occur and this will endanger the natural environment. The expectations of visitors to a 10 pitch Aires next to a holiday park are likely to be that these basic services are provided. 104. Following negotiations with the applicant, agreement has been reached that the Aires will be serviced through the provision of a separate waste tank and flushing point for chemical toilet disposal. (Condition 4). 105. NPF4 policies 18(b) and policy 30(b)(ii) are, subject to condition, therefore considered satisfied. Waste Collection 106. Waste collection is considered to be appropriately addressed through both the provision and access to the site. A swept path diagram has been submitted that confirms the site can be adequately serviced by refuse vehicles. Conservation Considerations 107. A small number of Category B and C listed buildings and one Category A listed building are all located at distance from the site. Due to the distances involved, the proposal will have no impact on the setting of these listed buildings. The proposal, therefore, is considered to comply with NPF4 Policy 7 and LDP2 Policy 27. Ecology, Biodiversity and Trees 108. NPF4 Policy 1: Sustainable Places, Policy 3: Biodiversity, Policy 4: Natural Places and Policy 6: Forestry, Woodland and Trees are relevant considerations as are LDP2 Policies 38: Environment and Conservation, 40 Forestry, Woodland and Trees and 41: Biodiversity. 109. The proposed development site is located adjacent to ‘Gartwhinzean Meadow’ Site of Special Scientific Interest (SSSI) which is nationally important for lowland neutral grassland. NatureScot have been consulted and are content that the hydrological assessment conducted by Kaya Consulting Ltd addresses any concerns on the impact of the proposed development on the SSSI. As an advisory, they have noted that the application should note that if any works are
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required within the SSSI in relation to drainage from the proposal site, permission from SEPA and/or consent from NatureScot may be required in addition to any planning permission. An informative to this effect will address this (Informative 11). 110. NatureScot have commented that the proposal describes planting gorse as an understory feature as compensatory habitat and whilst specific locations for this have not been determined a small area directly adjacent to the SSSI (next to Lodge 26) is proposed as an “area allocated to new planting such as new trees, hedging, shrubs”. It is recommended that no gorse is planted within this area, to reduce the potential for encroachment onto the SSSI. An updated landscaping plan and landscape planting strategy has since been received reflecting this. 111. NatureScot have also recommended that landscaping proposals incorporate planting to ensure a visual and physical barrier between the site and SSSI. This is because there is the potential for users of the site to disturb grazing stock within the SSSI, grazing being required to maintain the grassland interest of the SSSI in favourable condition. It is considered that hedging would be the most appropriate and would require the submission of an updated landscaping plan. This, however, can be controlled by condition (Condition 22). 112. An Ecological Impact Assessment (EcIA) has been submitted in support of the application. The Council’s Biodiversity Officer has been consulted and concerns were noted to be in relation to the extent of tree removal (18.9 acres) and lack of information in relation to replacement planting, biodiversity mitigation, compensation and enhancement together with ecological surveys being carried out at the wrong time of year. 113. The applicant accepts that there will be less woodland, with 40% removal to accommodate the proposed development. However, removals will be lower quality self-seeded trees/woodland. For areas not to be developed, the proposals seek to enhance poorer areas of woodland with better quality specimens. It is proposed that, in addition to the areas of retained woodland (60%) 1.7ha of new planting will be undertaken with the benefits of improved soils and that there would be formal management of the retained woodland in order enhance the biodiversity value of the site. 114. NPF4 requires major developments to ensure significant enhancement to biodiversity. Meaning that proposed actions and management will significantly improve biodiversity from the current situation. The Site Biodiversity Action Plan has been amended to include quantity, locations, techniques, timescales, and monitoring arrangements. In addition, more measures have been included such as: orchid translocation and a range of boxes for species, plus planting of 4,347 trees. A Woodland Management Plan has also been submitted. 115. Following the submission of further information and clarification in the form of an Addendum to the EcIA, updated Biodiversity Action Plan, Woodland
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Management Plan, updated Landscaping Plan and Woodland Planting Plan concerns have been addressed. 116. The outcome of this development relies on the proposed measures to ensure biodiversity enhancement being delivered. As such a suitably worded condition (condition 24) should be added to any consent to ensure biodiversity enhancement is long term as required by NPF4. The condition will be worded to ensure that appropriate maintenance is undertaken. Should maintenance not be undertaken in line with the objective of NPF4, the Council would therefore have the authority to serve a Breach of Condition Notice to rectify the issue. 117. The proposal is, subject to conditions, in line with NPF4 and LDP2 principles. Archaeology 118. The submitted archaeological desk-based assessment provides consideration to archaeological potential of the site and concludes that there is low potential for archaeological remains within the development area following extensive ground disturbance by 19th and 20th Century land use. Perth and Kinross Heritage Trust have been consulted and advised with respect to archaeology and the planning process as outlined in NPF4, the proposed development does not raise any significant issues, therefore no archaeological mitigation is required. The proposal complies with NPF4 Policy 7 and LDP2 Policy 26. Contamination 119. A Phase 1 Contamination Report been submitted and recommends that further investigations are carried out prior to development, therefore, to ensure compliance with NPF4 Policy 9 and LDP2 Policy 58A conditional control (condition 30) is recommended. All to ascertain if contamination is present and whether a remediation strategy requires to be deployed. Occupancy 120. The submitted Business Plan specifies that two operating models were identified for the purposes of market research: all accommodation including holiday lodge properties and glamping pods would be available for rental on a short-term let or holiday let standard; or the sale of all 114 lodges to private owners. 121. The Business Plan concluded that market research, the Options Appraisal and Feasibility Study concluded the lowest-risk option would be a blended approach, although with a bias towards lodge sales. This hybrid approach would, therefore, see some Lodges proposed to be sold as holiday homes and some will be let with the split likely to be around 30%-70% which would mean that for every 10 lodges constructed, 3 would be holiday letting properties operated directly by Devonshaw Leisure and 7 would be sold to private owners. Those proposed to be sold could not be occupied as the sole or main residence of any individual,
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therefore, a condition will be added to the consent to ensure control. (Condition 32). Open Space 122. In recent years the site has become a scenic destination popular with visitors who have recognised its appeal for a range of unofficial recreational and leisure activities, such as: climbing, bouldering, wild swimming and scuba diving; mountain biking and walking with various informal routes created. The applicant was asked to address a net loss of recreational provision for the public and to consider how to ensure a form of access can be maintained or a suitable replacement through the site. 123. The applicant confirmed that the site will not be gated and as such will remain open to the public for pedestrian and vehicular access and therefore the public would not be prevented from entering. Additionally, car parking spaces close to the entrance will be provided to assist with making access and parking easier for such visitors in order to avoid parking on the A977 roadside as presently occurs. 124. It is noted within the Design and Access Statement – AP3 Opportunities for Recreation/Leisure Pursuits On-Site (drawing number 63) it may be feasible for the applicant to consider relocating some of the boulders within the quarry in order to create some limited bouldering/climbing opportunities close to the entrance of the site, where there may be easier public access. 125. While there is still a loss of recreational resource (within the bounds of responsible access permitted by the Scottish Outdoor Access Code) the confirmation that the public will be able to continue to access the site is welcomed. The suggested provision for limited bouldering opportunities to be provided post-construction is also welcomed and plans to that effect could be required by condition. The proposal complies with LDP2 Policy 14, subject to condition. (Condition 34). Developer Contributions 126. The proposed site is located out with any area where financial contributions towards roads infrastructure is required. As such, the Developer Contributions Supplementary Guidance is not applicable to this application and therefore no contributions are required in this instance. Economic Impact 127. This development will create employment opportunities for the local community and there will be a significant number of downstream economic opportunities associated in terms of the construction period. As such the impact of the proposal on the rural economy at this location is considered to be significantly positive. The level of direct expenditure is dependant on the hybrid approach of a mix of rental and sales, but could be worth as much as £3.5m, and a full time
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equivalent of 53 jobs. Each would be reduced depending of the level of lodge sales. VARIATION OF APPLICATION UNDER SECTION 32A 128. 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 revisions/additional information in respect to Biodiversity/Tree and Woodland/Roads/Foul and Water/Air Source Heat Pump and Lodge Visuals. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 129. None required. DIRECTION BY SCOTTISH MINISTERS 130. 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 131. The proposed development is a new venture redeveloping a former/disused quarry located in a rural location close to the settlement of Powmill. The development would have a shop on site for basic supplies and would be in close proximity to Powmill, Crook of Devon and Dollar. A bus service runs past Devonshaw, providing access to Kinross and Tillicoultry. Visitors may have to rely on a private vehicle to travel to local services and tourist attractions, beyond the immediate vicinity which are not serviced by public transport. The development will also provide employment opportunities. Given the sites close relationship to Kinross and the smaller settlements of Powmill, Crook of Devon and Dollar it is considered that it is likely to have a tourism, economic and community benefit along with enhancing the current condition and appearance of the site. It is, therefore considered that the proposed development is an appropriate location for a holiday accommodation business and the development will provide overriding benefits to the local economy, community and environment. 132. 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.
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133. Accordingly the proposal is recommended for approval subject to the following conditions. RECOMMENDATION Approve the application Conditions and Reasons for Recommendation 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. 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. Phasing 3. No development shall commence until a detailed phasing and delivery plan confirming the programmed delivery of the site including the siting of the lodges, glamping pods, landscaping/planting, community hub (including Aires) and construction works has been submitted and approved in writing by the Council as Planning Authority. Once approved, the development shall be implemented in accordance with the agreed delivery plan. Reason - In order to ensure the implementation and completion of the development components of the proposal to coincide with infrastructure delivery and to release the elements of the proposed development which the planning authority considers will bring economic and social benefits to the area. Aires 4. The infrastructure required to service the Aires shall be implemented and maintained in accordance with the approved details shown on drawing numbers 71 and 78 to the satisfaction of the Council as Planning Authority. The details as approved shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier.
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Reason - to ensure adequate delivery of infrastructure. Roads and Access 5. Prior to the commencement of the development hereby approved, full visibility splays of 215 metres along the channel line shall be provided to the left and right of the access, at a set-back of 2.4 metres 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 out with 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. 6. Prior to the commencement of development, a detail design showing the vehicle access onto A977 public road with the following schemes shall be provided for: a. Ghost island right turning facility. b. Full visibility splays of 215 metres along the channel line shall be provided to the left and right of the access, at a set-back of 2.4 metres to the standard. c. Road markings. d. Bus boarders at and opposite the vehicle access with suitable hard standing area for bus shelters with a 24/7 electrical power supply to a Haldo pillar adjacent to the hard standing. Dropped kerbs will be provided on both sides of the road to link the bus boarders. e. Outfall details, to include the headwall details, manholes and pipe location. f. Drainage proposals to prevent water discharge onto the A977. All of the above shall be submitted to and approved in writing by the Council as Planning Authority. The submission will confirm the road layout along the A977. The scheme for the approved shall thereafter be implemented in full, prior to the commencement of construction works on site to provide a safe access and egress to the site. Reason - In the interests of road, pedestrian safety and connectivity with the residential developments to the north and northwest of the development. 7. Prior to the occupation of the first lodge, the developer shall provide and install bus shelters at and opposite the site entrance on appropriate hard standing asphalt areas, each with a 3 bay cantilever 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
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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. Reason - In the interest of sustainable travel. 8. 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. 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. 9. Prior to commencement of any development on site, a detailed design of the proposed footpath and footway (as illustrated on drawings 74 and 75), showing
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the location, specification and cross section, shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority, taking into account the requirement to ensure that a positive flow of water is maintained in existing drainage ditches. The footpath and footway, as approved in writing, shall be implemented in accordance with the approved details to the satisfaction of the Council as Planning Authority and undertaken prior to the occupation of the first lodge or pod. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 10. Prior to the commencement of works on site, detailed drawings showing waste and recycling bin storage locations and strategy for presenting the waste for collection, shall be submitted for the written agreement of the Council as Planning Authority. None of the lodges or pod units hereby approved shall be occupied until the agreed scheme has been provided in full. Reason - In the interests of road safety to prevent long reversing manoeuvres. 11. Prior to the installation of the lodges and pods, a finalised design for the cycle lockers shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The cycle lockers, as approved in writing, shall be implemented and permanently maintained thereafter in accordance with the approved details to the satisfaction of the Council as Planning Authority and installed prior to the occupation of each lodge and pod. Reason - To encourage active travel and meet advice within National Planning Framework 4 on transport. 12. Prior to the occupation of each lodge hereby approved being completed or brought into use, a minimum of two car parking spaces shall be provided at each lodge. Reason - In the interests of road safety; to ensure the provision of adequate off street car parking facilities. 13. Prior to the occupation of each glamping pod hereby approved being completed or brought into use, a minimum of one car parking space shall be provided at each glamping pod. Reason - In the interests of road safety; to ensure the provision of adequate off street car parking facilities. External Finishes 14. 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.
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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. 15. Prior to the commencement of the development hereby approved, details of the specification and colour of the proposed decking(s) and any hot tubs 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. Amenity 16. 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 order to safeguard the residential amenity of the area. 17. Prior to the development hereby approved being completed or brought into use, an effective ventilation system commensurate with the nature and scale of process to be undertaken shall be installed and operated such that odours are not exhausted into or escape into any neighbouring buildings. Thereafter the system shall be maintained. Reason - In order to safeguard the residential amenity of the area. 18. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In order to safeguard the residential amenity of the area. 19. Prior to the commencement of the development a Noise Management Plan shall be submitted for the written approval of the planning authority. The plan shall include all sources of noise associated with the premise, including user noise and the measures that will be put in place to minimise and/or control noise. The plan shall be reviewed on a regular basis or, following receipt of a justified complaint or at the request of the planning authority. Once the Noise Management Plan has been approved, it shall be fully implemented for the lifetime of the development.
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Reason - In order to safeguard the residential amenity of the area. 20. Servicing of and deliveries to the site shall be carried out between 0700 and 1900 Monday to Sunday only. Reason - In order to safeguard the residential amenity of the area. Trees/Landscaping 21. Prior to the commencement of any hereby approved development, 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. 22. Prior to the commencement of the development hereby approved, an updated detailed landscaping and planting scheme for the site (including proposed phasing) shall be submitted to and approved in writing by the Planning Authority. The scheme shall be updated to include a native hedgerow on the western boundary, adjacent to Lodges 25 and 26. 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 each phase 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 protect the adjacent SSSI, and to ensure the satisfactory implementation of the proposed planting scheme. 23. 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 implementation of the proposed planting scheme. 24. Prior to undertaking the operations prescribed within the approved Management Plan, at Year 1, 3, 5, 7, 9, & year 10, the applicant shall notify the Planning Authority in writing, in order to assess the thinning, planting and weed control operations, as prescribed within the approved Tree and Woodland Management Plan by Urban – Arb Arboricultural Consultants (Sep 2023) (drawing number 65)
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& FinLand Proposed Development Devonshaw Quarry – Landscape Planning (Oct 2023) (drawing number 69). Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. Ecology 25. The conclusions and recommended action points within the supporting Ecological Impact Assessment (including Addendum) submitted and hereby approved (document(s) 39 and 66 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. 26. 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 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. 27. Prior to the commencement of the development hereby approved, an independent and suitably qualified Ecological Clerk of Works (ECoW) shall be appointed at the developers' expense. Details of this appointment shall be subject to the prior written agreement of the Council as Planning Authority. The appointed person will remain in post for the duration and subsequent restoration of the proposed development. The ECoW shall have responsibility for the following:
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(a) Implementation of the Construction Environmental Management Plan (CEMP) 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 tool box 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. (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 of the development hereby approved unless otherwise agreed in writing with the Council as Planning Authority. The CEMP shall contain a site-specific Construction Method Statement (CMS) which will provide concise details for the implementation of the CEMP for site operatives. Reason - To avoid habitat damage and safeguard natural heritage interests. 28. 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. Lighting 29. Prior to the commencement of development detailed plans for nighttime lighting of the proposed development shall be submitted for the approval of the Planning Authority. These plans should be submitted in strict accordance with recognised impact reduction principles and any lighting proposed shall be low level. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality; to safeguard the welfare of any protected wildlife.
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Contamination 30. 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. Drainage 31. 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. Holiday Accommodation 32. The development hereby approved shall be used solely for holiday accommodation and shall not be occupied as the sole or main residence of any occupant. Reason - In order to clarify the terms of the permission; to control and restrict the use of the site.
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Remove Permitted Development 33. Notwithstanding the provisions of The Town and Country Planning (General Permitted Development (Scotland) Order 1992 or any order amending, revoking or re-enacting that order, the proposed lodges shall not be extended or altered in any way, nor any building or means of enclosure erected within the curtilage of any lodge without an express grant of planning permission from the Planning Authority. Reason - In the interest of visual and residential amenity; to ensure a satisfactory standard of local environmental quality and to avoid over-intensive development of the site. Outdoor Access 34. Prior to the commencement of development, a recreation plan shall be submitted for the approval of the Planning Authority. The scheme as subsequently agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - In the interests of ensuring suitable public access and recreation. 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 None. 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.
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4. Part of the approved development includes holiday accommodation or Short-term Let accommodation (STL). The developer is advised that holiday accommodation and STLs require to be licensed under the terms of Article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-terms Lets) Order 2021 and therefore a licence application should be made to Perth and Kinross Council prior to operation commencing. Further information and application forms are available at https://www.pkc.gov.uk/shorttermlets. 5. 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 6. 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 Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 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 Environment Protection Agency. 8. 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. 9. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 10. Part of the approved development includes 'caravans'. The developer is advised that caravans require to be licensed under the terms of Section 1 of the Caravan Sites and Control of Development Act 1960 and therefore a licence application should be made to Environmental Health. Application forms are available at https://www.pkc.gov.uk/article/15600/Licence-caravan-site. 11. The applicant is advised that if any works are required within the SSSI in relation to drainage from the proposal site, permission from SEPA and/or consent from NatureScot may be required in addition to any planning permission.
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12. 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. 13. 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. 14. 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 in respect to Biodiversity/Tree and Woodland/Roads/Foul and Water/Air Source Heat Pump and Lodge Visuals. 15. 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. Background Papers: Eight letters of representation Contact Officer: Gillian Peebles Date: 1 March 2024 DAVID LITTLEJOHN STRATEGIC LEAD - ECONOMY, DEVELOPMENT & PLANNING