Democracy Spraffa

22/00301/Flm

Perth and Kinross Council · 1 June 2022
Back to Planning and Placemaking Committee — 1 June 2022 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

Perth and Kinross Council
Planning and Placemaking Committee – 1 June 2022
Report of Handling by Head of Planning & Development
(Report No. 22/112) 
PROPOSAL:  S42 application to remove condition 14 (bus shelter and
information board) of planning permission 18/02139/FLM 
LOCATION: Wheel Inn 37 Angus Road Scone Perth PH2 6RA 
Ref. No: 22/00301/FLM
Ward No: P2- Strathmore 
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 benefits from planning permission for 51 retirement living
apartments, including 13 affordable apartments, provided across two blocks
which are age restricted (by planning condition) to residents aged 55 and
over. To facilitate the development, the proposal included the demolition of
the existing public house and restaurant known as the Wheel Inn. 
2 The application site is located within the Scone settlement boundary and
extends to 0.71 hectares in area (7100sqm). The site has a main vehicular
access from Angus Road, with a secondary access from Stormont Road to
the north. The site is bounded by a doctors’ surgery to the north, residential
properties to the south and west and larger dwellinghouses to the opposite
side of Angus Road to the east (elevated by topography). The topography
of the site is variable, with the ground sloping down from Angus Road
towards the car parking and then rising again to the rear of the site. 
3  Section 42 of the Act (Town and Country Planning (Scotland) Act 1997 (as
amended) relates to applications for planning permission to develop land which
depart from conditions attached to an existing permission.  The effect of
granting permission via a Section 42 (S42) application is therefore such that a
new and separate permission exists for the development with different (or no)
conditions attached.  The previous planning permission remains unaltered by,
and is not varied by, the decision on the section 42 application.

Page 2

4 The primary purpose of this S42 application seeks to remove Condition 14 of
the extant planning permission 18/02139/FLM. 
5 The original wording of Condition 14 states: 
6 Prior to the development hereby approved being completed or brought into use,
a scheme for the location and specification of a 3-bay cantilever bus shelter
and information board shall be submitted to and approved in writing by the
Council as Planning Authority, in consultation with the Council’s Public
Transport Unit. The approved scheme shall thereafter be installed at the
applicant’s expense, in accordance with the agreed details and confirmed as
operational by the Council’s Public Transport Unit, prior to the occupation of the
last residential unit.
Reason – In the interest of promoting sustainable public transport. 
7 Assessment of the proposed removal of this condition is set out below. 
Pre-Application Consultation 
8 The Pre-Application Consultation (PAC) requirements have been fulfilled in
association with the submission of planning application 18/02139/FLM and
there is no further PAC needed procedurally in relation to this S42 application. 
National Policy and Guidance 
9 The Scottish Government expresses its planning policies through The National
Planning Frameworks, the Scottish Planning Policy (SPP), Planning Advice
Notes (PAN), Creating Places, Designing Streets, National Roads Development
Guide and a series of Circulars.   
National Planning Framework 2014 
10 NPF3 is a long-term strategy for Scotland and is a spatial expression of the
Government’s Economic Strategy and plans for development and investment in
infrastructure. This is a statutory document and material consideration in any
planning application. It provides a national context for development plans and
planning decisions as well as informing the on-going programmes of the
Scottish Government, public agencies and local authorities. 
The Scottish Planning Policy 2014 (SPP) 
11 The Scottish Planning Policy (SPP) sets out national planning policies which
reflect Scottish Ministers’ priorities for operation of the planning system and for
the development and use of land. The SPP promotes consistency in the
application of policy across Scotland whilst allowing sufficient flexibility to reflect
local circumstances. It directly relates to: 
• The preparation of development plans;
• The design of development, from initial concept through to delivery; and
• The determination of planning applications and appeals.

Page 3

12 The following sections of the SPP will be of particular importance in the
assessment of this proposal: 
• Sustainability : paragraphs 24 – 35
• Placemaking : paragraphs 36 – 57   
Planning Advice Notes 
13 The following Scottish Government Planning Advice Notes (PANs) and
Guidance Documents are of relevance to the proposal: 
• PAN 40 Development Management
• PAN 75 Planning for Transport 
Creating Places 2013 
14 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. 
DEVELOPMENT PLAN 
15 The Development Plan for the area comprises the TAYplan Strategic
Development Plan 2016-2036 and the Perth and Kinross Local Development
Plan 2019. 
TAYplan Strategic Development Plan 2016-2036 
16 TAYplan sets out a vision for how the region will be in 2036 and what must
occur to bring about change to achieve this vision. The vision for the area as
set out in the plans states that: 
“By 2036 the TAYplan area will be sustainable, more attractive, competitive and
vibrant without creating an unacceptable burden on our planet. The quality of
life will make it a place of first choice where more people choose to live, work,
study and visit, and where businesses choose to invest and create jobs.” 
17 The following section of the TAYplan 2016 is of particular importance in the
assessment of this application. 
Policy 2: Shaping Better Quality Places 
18 Seeks to deliver distinctive places by ensuring that the arrangement, layout,
design, density and mix of development are shaped through incorporating and
enhancing natural and historic assets, natural processes, the multiple roles of
infrastructure and networks, and local design context.

Page 4

Perth and Kinross Local Development Plan 2 
19 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. 
20 The principal relevant policy is, in summary; 
Policy 60B - Transport Standards and Accessibility Requirements 
21 Development proposals that involve significant travel generation should be well
served by all modes of transport (in particular walking, cycling and public
transport), provide safe access and appropriate car parking. The aim of all
development should be to reduce travel demand by car and ensure a realistic
choice of access and travel modes is available, including opportunities for
active travel and green networks. 
SITE HISTORY OF RELEVANCE 
22 16/01122/FLL Formation of a sensory garden, erection of boundary
treatments, engineering works and other associated works Application
Approved under delegated powers 16 August 2016. 
23 18/00005/PAN Residential development PAN Decision Issued 12 June
2018. 
24 18/01466/FLM Erection of an assisted living facility comprising 55no.
accommodation units, communal area, office, store, 2no. plant rooms, bin
storage, boundary treatments and formation of parking areas, landscaping
and associated works. Application Withdrawn. 
25 18/02139/FLM Erection of 51 retirement flats and cycle store, formation of
parking and associated works. Application Approved at Planning and
Development Management Committee on 14 March 2019. 
26 19/02116/FLL Formation of car parking and associated works. Application
Approved under delegated powers on 26 February 2020. 
CONSULTATIONS 
27 As part of the planning application process the following bodies were consulted: 
External 
28 Scone and District Community Council - Objection on the grounds that the
bus stop is popular on the Number 7 bus route and as such the shelter and
noticeboard is required by the Scone residents.

Page 5

Internal 
29 Transport Planning - No objections. 
Representations 
30 A total of 3 letters of representation has been received in respect of the current
application including one from the Community Council. Out of the 3 received, 2
object and one is in support. The main issues raised within the 2
representations are: 
• Increased car use/traffic
• Perth City Centre Congestion
• Contrary to Development Plan 
31 These issues are addressed in the Appraisal section of the report. 
32 The remaining letter of support suggested that as there is currently no bus
shelter at the bus stop in Angus Road in the northerly direction, a shelter could
be erected with a replacement notice board. 
ADDITIONAL STATEMENTS 
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not Required
Appropriate Assessment Habitats Regulations 
AA Not Required
Design Statement or Design and Access
Statement
Not Required
Report on Impact or Potential Impact eg
Flood Risk Assessment
Not Required 
APPRAISAL 
33 Section 42(1) of the Town & Country Planning (Scotland) Act 1997 (as
amended) relates to applications for planning permission for the development
of land without complying with conditions subject to which a previous
permission was granted. 
34 Section 42(2) requires that the Planning Authority shall consider only the
question of the condition(s) subject to which planning permission should be
granted, and: 
If they decide that planning permission should be granted subject to conditions
differing from those subject to which the previous permission was granted, or
that it would be granted unconditionally, they shall grant planning permission
accordingly;

Page 6

If they decide that planning permission should be granted subject to the same
conditions as those subject to which the previous permission was granted, they
shall refuse the application. 
35 The determining issues in this case are whether the proposal complies with
Development Plan policy or if there are any other material considerations which
justify a departure from that policy. Currently the adopted Development Plan
comprises the TAYplan Strategic Development Plan 2016–2036 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 national policy
and guidance, the Council’s other approved policies, supplementary guidance,
statutory consultees and additional statements submitted. 
Principle 
36 The detail of the development subject of this application has been previously
established through the approval of the extant planning permission
(18/02139/FLM), and is therefore not reviewed as part of this S42 application.
The removal of Condition 14 (a scheme for the location and specification of a 3-
bay cantilever bus shelter and information board) is not in itself considered to
be contrary to the general terms of the Development Plan, however,
consideration must be given to the specific characteristics of the amendment
and whether any adverse impacts are anticipated. 
37 The original wording of Condition 14 of planning permission 18/02139/FLM
states: 
38 Prior to the development hereby approved being completed or brought into use,
a scheme for the location and specification of a 3-bay cantilever bus shelter
and information board shall be submitted to and approved in writing by the
Council as Planning Authority, in consultation with the Council’s Public
Transport Unit. The approved scheme shall thereafter be installed at the
applicant’s expense, in accordance with the agreed details and confirmed as
operational by the Council’s Public Transport Unit, prior to the occupation of the
last residential unit.
Reason – In the interest of promoting sustainable public transport. 
39 The applicant proposes the removal of Condition 14 as Perth and Kinross
Council’s Public Transport Unit specified the bus shelter is to be provided to the
existing bus stop location on Stormont Road.  In a supporting statement, the
applicant has stated that the existing footpath in this location is not wide
enough to accommodate a bus shelter, requiring it to be set back within the
grounds of Scone Surgery. 
40 The supporting statement further states that the applicant can only install the
bus shelter either within their site or on Council owned land or adopted land
and that it is unreasonable for the Council to require the applicant to negotiate
with another landowner to provide the bus shelter within their land. As a result,

Page 7

they state that they are unable to comply with the requirement of this condition,
hence they are seeking the removal of the condition. 
Roads and Transport 
41 The wording of Condition 14 does not specify an exact location for the bus
shelter. It states a scheme for the location and specification of a 3-bay
cantilever bus shelter and information board shall be submitted. The applicant
submitted a scheme for a bus shelter at an existing bus stop in Angus Road,
however, after consultation, the Council’s Public Transport section specified it
was to be located in the same location as existing stop on Stormont Road, at
Scone Surgery. 
42 The Public Transport section acknowledged that in order to maintain footpath
accessibility, there would be a need to set the shelter back in the grounds of
Scone Surgery, with liaison with the Surgery regarding this. No evidence has
been submitted from the applicant which suggests this has been undertaken.
To the contrary, the supporting statement states they can only provide the bus
shelter if it is to be located within the application site or on Council owned or
adopted land and that the Council cannot reasonably require negotiations to
take place with another landowner to provide the facility within third party title. 
43 With regard to public transport, there is a frequent bus service operating near
the application site. Service No 7 calls at a stop (Stormont Road Surgery)
approximately 50 metres from the nearest residential block on Stormont Road
heading west and there is an adjacent bus stop (opp. Stormont Road Surgery)
heading east.  These stops are part of a circular route leading into Perth City
Centre and Hillend beyond. Other stops where shelters are present are within
walking distance on Angus Road to the east and Mansfield Road to the south,
albeit a much further distance than the stops at the Surgery on Stormont Road.
The service runs at approximately 20 minute intervals between 06.11 hours and
18.33 hours then moves on to an hourly service after 19.00 hours. There is also
a well serviced Park and Ride facility within Scone which also runs at
approximately 20 minute intervals. 
44 The objections have expressed concerns that a shelter is required in this
location to serve the development as it is aimed at persons over 55 and the
level of parking within the development does not allow for multiple cars per
household requiring reliance on public transport. 
45 It is recognised through the objections received that there is a perception that
the absence of a bus shelter in this location would give rise to an increase in
traffic movements leading to congestion within Perth city centre.  It is clear that
both national and local planning policies require new developments to be
sustainable. In order to offset the potential for increased unsustainable car
journeys, there is no doubt public transport enhancement measures would
assist, however, there is no information to suggest that in the absence of a bus
shelter in this location, car usage would increase and the use of public transport
would be reduced. It is, therefore, held that the current arrangements would not
discourage the use of public transport.

Page 8

46 As noted above, the applicant has stated that it is unreasonable for the Council
to require negotiations with another landowner. The application submission is
unclear, however, it is assumed that no negotiations have been attempted with
the landowner and as a result the scheme cannot be delivered. Conditions
requiring works on third party land are not normally appropriate in any case and
possibly would have been clarified at the granting of the earlier permission, had
the full implications been known at that time. 
47 In summary, Condition 14 has been imposed on the development at the
request of the Public Transport section, with the support of adopted planning
policy in order to ensure that appropriate public transport improvements are
secured in the interests of sustainable development. No objections have been
received to the removal of Condition 14 from the Public Transport section who
originally recommended the inclusion of this condition and there is no evidence
to suggest that in the absence of a bus shelter in this location, public transport
usage will significantly change, as a result of the proposed residential
development. Furthermore, the existing bus service is frequent and reliable and
as noted above, there is a Park and Ride facility located within a short distance
of the site. On that basis the proposal to remove the condition is considered to
be acceptable.   
Developer Contributions 
48 No change to developer contributions through amending Condition 14
of planning permission 22/00301/FLM. 
Economic Impact 
49 The economic impact from this proposal is anticipated to be limited. 
LEGAL AGREEMENTS 
50 Not required. 
DIRECTION BY SCOTTISH MINISTERS 
51 Under the Town and Country Planning (Development Management Procedure)
(Scotland) Regulations 2013, regulations 30 – 33 there have been no directions
by the Scottish Government in respect of an Environmental Impact Assessment
screening opinion, call in or notification relating to this application. 
CONCLUSION AND REASONS FOR RECOMMENDATION 
52 To conclude, the application must be determined in accordance with the
adopted Development Plan unless material considerations indicate otherwise.
The proposed development in this instance relates solely to the removal of
Condition 14 (bus shelter and information board). Having taken account of the
Local Development Plan and material considerations, the development
proposed does not conflict with the Development Plan. It should be noted that

Page 9

all other matters are unaffected from the existing permission and, therefore, as
a new standalone permission would be granted here. 
53 Accordingly the proposal is recommended for approval subject to the following
conditions. 
A RECOMMENDATION   
Conditions and Reasons for Recommendation 
1. The development hereby approved must be carried out in accordance with the
approved drawings and documents, unless otherwise provided for by conditions
imposed by this decision notice. 
Reason - To ensure the development is carried out in accordance with the
approved drawings and documents. 
2.  The occupation of the residential accommodation herby approved shall be
restricted to occupants aged 55 and over and shall not be occupied as the sole
or main residence of any occupant aged under 55 years of age. 
Reason - For the avoidance of doubt and to ensure occupation of the
development hereby approved complies with the relevant Perth and Kinross
Local Development Plan Policy. 
3. The detail and timing of the on-site affordable apartment delivery as agreed in
association with planning permission 18/02139/FLM (Kingdom Housing
Association letter dated 24th February 2022) shall be delivered and managed in
accordance with the agreed delivery mechanism and timing. 
Reason - To ensure the development is in accordance with the terms of the
relevant Perth and Kinross Council Local Development Plan and to comply with
the Council's policy on Developer Contributions and Affordable Housing
Supplementary Guidance 2016. 
4.  In line with planning permission 18/02139/FLM (drawing number 18/02139/38),
the agreed details of the specification and colour of the proposed external
finishing materials to be used shall be implemented prior to the completion or
bringing into use of the development, whichever is the earlier. 
Reason - In the interests of visual amenity; to ensure a satisfactory standard of
local environmental quality. 
5. As agreed on drawing number 18/02139/62 of planning permission
18/02139/FLM, 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. Any works required within the Root Protection Areas

Page 10

shall be fully justified by an arborist and a detailed construction method
statement shall be submitted to and approved in writing by the Council as
Planning Authority with subsequent works being undertaken to fully comply with
the arborist recommendations. 
Reason - To ensure a satisfactory standard of development and environmental
quality and to reserve the rights of the Council as Planning Authority. 
6. The agreed landscaping and planting scheme in association with planning
permission 18/02139/FLM (drawing numbers 18/02139/54 and 18/02139/59
shall be carried out and completed within the first available planting season
(October to March) after the completion or bringing into use of the
development, whichever is the earlier, and the date of Practical Completion of
the landscaping scheme shall be supplied in writing to the Council as Planning
Authority within 7 days of that date.  The scheme as agreed and implemented
shall thereafter be maintained to the satisfaction of the Council as Planning
Authority. 
Reason - In the interests of visual amenity and to ensure the satisfactory
implementation of the proposed planting scheme. 
7. The recommendations within the supporting Bat Activity Survey Report
(drawing number 18/02139/28) hereby approved shall be fully adhered to,
respected and undertaken as part of the construction phase of development. 
Reason - In the interests of employing best practice ecology and to ensure
there is no adverse impact on any protected species as identified under the
Wildlife and Countryside Act (1981). 
8. No removal of hedgerows, trees or shrubs or works to, or demolition of,
buildings or structures that may be used by breeding birds shall take place
between 1st March and 31st August inclusive, unless a competent ecologist
has undertaken a careful, detailed check of vegetation for active birds' nests
immediately before the vegetation is cleared or building affected, and provided
written confirmation that no birds will be harmed and/or that there are
appropriate measures in place to protect nesting bird interest on site. Any such
written confirmation should be submitted to the local planning authority. 
Reason In the interests of employing best practice ecology and to ensure there
is no adverse impact on any protected species as identified under the Wildlife
and Countryside Act (1981). 
9. The bird box specification (Madrid swift nest box from Wildcare) and locations
in association with planning permission 18/02139/FLM (drawing number
18/02139/69) shall be installed in accordance with the agreed details prior to
the occupation of the relevant residential block. 
Reason - In the interests of enhancing biodiversity opportunities on the site.

Page 11

10. The agreed locations for bin collection presentation in association with planning
permission 18/02139/FLM (drawing number 18/02139/44) shall be implemented
as part of the development. 
Reason - In order to ensure adequate servicing facilities are provided. 
11. All plant or equipment shall be so enclosed, attenuated and/or maintained such
that any noise therefrom shall not exceed Noise Rating 35 between 0700 and
2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily,
within any neighbouring residential property, with all windows slightly open,
when measured and/ or calculated and plotted on a rating curve chart. 
Reason - In the interests of public health and to prevent noise pollution. 
12. The agreed construction traffic management scheme (CTMS) in association
with planning permission 18/02139/FLM (drawing numbers 18/02139/50 and
18/02139/51) shall be adhered to during the entire site construction
programme. 
Reason - In the interests of pedestrian and traffic safety and in the interests of
free traffic flow. 
13. In line with planning permission 18/02139/FLM, the accesses at Angus Road
and Stormont Road shall be upgraded to the satisfaction of the Council as
Roads Authority and footpath links, including dropped kerbs shall be provided
at both accesses in accordance with the standards required by the Council as
Roads Authority. 
Reason - In the interest of pedestrian and cycle safety. 
14. The agreed sustainable urban drainage system (SUDS) in association with
18/02139/FLM (drawing number 18/02139/52) shall be implemented and all
works operational prior to the bringing into use of the development. 
Reason - For clarity and in order to ensure that surface water arising from the
development is adequately dealt with and that any sustainable urban drainage
system (SUDS) does not increase flood risk elsewhere. 
B JUSTIFICATION 
The proposal is in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan. 
C PROCEDURAL NOTES 
None.

Page 12

D INFORMATIVES 
1. This planning permission will last only for three years from the date of this
decision notice, unless the development has been started within that period
(see section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as
amended)). 
2. 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. 
3. 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. 
4. This development will require the 'Display of notice while development is carried
out', under Section 27C (1) of the Town and Country Planning Act 1997, as
amended, and Regulation 41 of the Development Management Procedure
(Scotland) Regulations 2013.  The form of the notice is set out in Schedule 7 of
the Regulations and a draft notice is included for your guidance.  According to
Regulation 41 the notice must be: 
• Displayed in a prominent place at or in the vicinity of the site of the
development;
• Readily visible to the public; and
• Printed on durable material. 
5. No work shall be commenced until an application for building warrant has been
submitted and approved. 
6. The applicant is reminded that, should any protected species be present a
licence may be required from Scottish Natural Heritage to disturb a protected
species.  Failure to obtain a licence may constitute a criminal act under the
Habitats Regulations and penalties are severe for non-compliance. 
7. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as
amended, it is an offence to remove, damage or destroy the nest of any wild
birds while that nest is in use or being built.  Planning consent for a
development does not provide a defence against prosecution under this act. 
8. Swift brick installation should proceed in accordance with Swift Conservation
guidance available from swift-conservation.org. Installation of lighting and bat
boxes should proceed in accordance with Bat Conservation Trust guidance.

Page 13

9. 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. 
10. 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. 
11. The applicant is advised to allow for a maximum of 10 linear metres of level
hard standing from bin storage or presentation point to refuse collection vehicle
to reduce manual handling for bin collection crews. 
12. The applicant is recommended to discuss potential options with the Council’s
Waste Services team (Tel: 01738 475000) for securing an onsite glass
recycling point for the benefit of the development. 
Background Papers: 3 letters of representation
Contact Officer: Gillian Peebles 
Date: 19 May 2022 
DAVID LITTLEJOHN
HEAD OF PLANNING & DEVELOPMENT