Democracy Spraffa

Minute of meeting of 22 September 2022

Perth and Kinross Council · 23 November 2022
Back to Planning and Placemaking Committee — 23 November 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

PLANNING AND PLACEMAKING COMMITTEE 
Minute of hybrid meeting of the Planning and Placemaking Committee held in
Council Chambers, 2 High Street, Perth on Thursday 22 September 2022 at 9:30am. 
Present:  Councillors I Massie, H Anderson, B Brawn, D Cuthbert, E Drysdale,
D Illingworth, I James, K Harvey (substituting for Councillor R Watters), B Leishman,
Bailie C McLaren, Councillors C Reid, G Stewart, and Bailie M Williamson. 
In Attendance: K Smith, P Williamson, G Peebles, J Torrance, L MacLean and
L Reid (all Communities); C Elliott, J Guild, A Brown and M Pasternak (all Corporate
and Democratic Services). 
Apologies: Councillor R Watters. 
Councillor I Massie, Convener, Presiding. 
1. WELCOME AND APOLOGIES 
The Convener welcomed everyone present to the meeting.  Apologies were
noted as above. 
2. DECLARATIONS OF INTEREST 
In terms of the Councillor’s Code of Conduct, no Declarations of Interest were
noted.   
3. MINUTES 
The minute of meeting of the Planning and Placemaking Committee of
10 August 2022, be approved as a correct record subject to Item 2. and Item 6(1)(ii)
being altered to indicate Councillors B Brawn and B Leishman declared an interest
and not Councillor D Illingworth. 
4. DEPUTATIONS 
In terms of Standing Order 13, the Committee agreed to hear deputations in
relation to the following planning applications: 
Planning Application No. Item No.
22/00102/FLM 5(1)(i)
22/00832/FLM 5(1)(ii)
22/00746/FLM 5(1)(iii)
22/00334/FLL 5(2)(i)
22/00711/FLL 5(2)(ii)

Page 2

5. APPLICATIONS FOR DETERMINATION 
(1) Major Applications 
(i) 22/00102/FLM Erection of 4 replacement poultry rearing
sheds, ancillary facilities, formation of SUDS pond,
landscaping and associated works, Knappilands,
Strathallan, Crieff 
Mr I Richmond, applicant, addressed the Committee and
answered Members’ questions. 
Resolved:
Grant, subject to the following conditions, terms and
informatives: 
Conditions
General
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.
Contamination
2. 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.

Page 3

Reason – In order to deal with any potential
contamination of the site as a result of it’s former use.
Residential Amenity
3.  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.
4.  Should any aspect of the development result in verified
noise complaint determined by the Council as Planning
Authority in consultation with Environmental Health,
within 14 days of written request by the Council as
Planning Authority, the applicant shall arrange for a Noise
Impact Assessment by a suitably qualified noise
consultant with the scope and timescale submitted to and
agreed in writing with the Council as Planning Authority in
consultation with Environmental Health. Thereafter any
agreed mitigation measures shall be implemented to
ameliorate the nuisance.
Reason – In order to safeguard the residential amenity of
the area.
5.  The poultry buildings shall not be occupied (or otherwise
become operational) until an operational plan for the
management and control of potential nuisances (including
noise, odour, air quality (dust), flies and other pests) that
would be liable to arise at the site as a consequence of
and/or in relation to, the operation of the poultry buildings
hereby approved, has first been submitted to, and
approved in writing by the Planning Authority. Thereafter
the approved nuisance control management plan shall be
implemented as part of the development.
Reason – In order to safeguard the residential amenity of
the area.
6.  No deliveries or uplifting shall take place between the
hours of 11:00pm and 6:30am on any day. 
Reason – In order to safeguard the residential amenity of
the area.
7. Audible vehicle reversing alarms shall be operated on the
method that they only emit the warning, if necessary, e.g.,
on an infrared signal which detects persons to the rear of
the vehicle.
Reason – In order to safeguard the residential amenity of
the area.
8.  Should any aspect of the development result in verified
odour complaint determined by the Council as Planning
Authority in consultation with Environmental Health,

Page 4

within 14 days of written request by the Council as
Planning Authority, the applicant shall arrange for an
Odour Impact Assessment (OIA) to be carried out by a
qualified consultant. The OIA findings shall be submitted
for the written approval of the Council as Planning
Authority, in consultation with Environmental Health and
must draw conclusions and make recommendations as
necessary. Thereafter any necessary measures to
ameliorate the odour nuisance should be put in place,
and a new or revised Operational Management Plan must
be submitted to the council within a specified agreed
timescale.
Reason – In order to safeguard the residential amenity of
the area.
Roads and Access 
9.  Prior to the development hereby approved being
completed or brought into use, the vehicular access shall
be formed in accordance with Perth & Kinross Council's
Road Development Guide Type E Figure 5.7 access
detail, of Type B Road construction detail.  The Type B
Road construction detail shall continue to the entrance for
a minimum distance of 15 metres from the edge of the
carriageway.
Reason – In the interests of road safety; to ensure an
acceptable standard of construction within the public road
boundary.
10.  Prior to commencement of any development on site, a
detailed design for the proposed secure covered cycle
parking facility for a minimum of 6 cycles shall be
submitted to and approved in writing by the Planning
Authority in consultation with the Roads Authority.  The
applicant can seek guidance on the detailed design and
positioning of the cycle storage from Transport Scotland's
Cycling by Design 2021.  The cycle parking, as approved
in writing, shall be implemented in accordance with the
approved details to the satisfaction of the Council as
Planning Authority prior to the development being brought
into use.
Reason - To encourage active travel and meet advice
within Scottish Planning Policy on transport.
11. 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 (CTMS) which
shall include the following:
(a) restriction of construction traffic to approved routes
and the measures to be put in place to avoid other
routes being used;

Page 5

(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.
Landscape
12.  The detailed landscaping and planting scheme which is
hereby approved shall be completed within the first
available planting season (October to March) after the
completion or bringing into use of the development,
whichever is the earlier.  The approved scheme shall
thereafter be maintained, with any planting which fails to
become established within five years being replaced in
the following planting season with others of a size and
species as previously approved.

Page 6

Reason – In the interests of visual amenity and to ensure
the satisfactory implementation of the proposed planting
scheme.
13.  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.
Reason – To ensure a satisfactory standard of
development and environmental quality and to reserve
the rights of the Planning Authority.
Biodiversity 
14.  The conclusions and recommended action points within
the supporting ecology surveys submitted and hereby
approved (drawing numbers 22/00102/29 and
22/00102/30) 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.
15.  An updated bat survey will be required prior to the
commencement of works, if works have not commenced
within 24 months of the date of the bat survey approved
as part of this permission.  The updated survey shall be
submitted to the Council as Planning Authority for written
agreement and works shall not commence until after such
written agreement has been issued by the Council.
Reason – In the interests of protecting environmental
quality and of biodiversity.
16.  Prior to the commencement of the development hereby
approved, an Invasive Non-Native Species Control Plan
shall be provided for the written approval of the Council
as Planning Authority. The plan shall contain measures to
eradicate and control invasive non-native species.
Thereafter, the agreed scheme shall be implemented in
full accordance during the construction phase.
Reason – In the interests of protecting environmental
quality and of biodiversity.
17.  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.

Page 7

18.  Lighting will be designed and positioned in such a way as
to prevent light spillage into adjacent watercourses and
woodland.
Reason – In the interests of protecting environmental
quality and of biodiversity. 
Justification
The proposal is in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
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.  No work shall be commenced until an application for
building warrant has been submitted and approved.
5.  The applicant should take note of the information and
advice contained within the consultation response from
Scottish Water.
6.  Existing buildings or structures may contain nesting birds
between 1st March and 31st August inclusive. 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.
7. This planning permission is granted subject to conditions,
some of which require further information to be submitted
to Development Management either before works can
start on site or at a certain time.  The required information
must be submitted via the ePlanning portal if your original
application was lodged that way, otherwise send it to us

Page 8

at developmentmanagement@pkc.gov.uk.  Please be
aware that a fee is payable in respect of each request
made, though there is no limit to the number of conditions
that can be discharged in a single request.  The Fees
Charter is available on our website www.pkc.gov.uk.
The Council has two months to consider the information. 
You should therefore submit the required information
more than two months before your permission expires. 
We cannot guarantee that submissions made within two
months of the expiry date of your permission will be able
to be dealt with before your permission lapses.
8. 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.
9. 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.
10. Further information on the need for and level of provision
of Changing Places Toilet Facilities can be found in
section 41B of the Town and Country Planning (Scotland)
Act 1997, the Town and Country Planning (Changing
Places Toilet Facilities) (Scotland) Regulations 2020 and
the associated Circular 1/2020: Changing Places Toilets
Regulations.
11.  The applicant should be aware of the requirements of the
Council's Environment and Regulatory Services in
relation to waste collection from the site and should
ensure adequate measures are provided on site to allow
for the collection of waste. 
(ii) 22/00832/FLM Formation of a 49MW battery energy storage
facility comprising battery storage units, ancillary
buildings, vehicular access, landscaping and associated
works, Land 140 metres North East of Jamesfield Organic
Centre, Newburgh 
Ms C Quinney, objector to the application, and Mr P Kavanagh,
applicant, via audioconference, addressed the Committee and
answered Members’ questions.

Page 9

Resolved:
Grant, subject to the following conditions, terms and
informatives: 
Conditions
General
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. 
Noise
2. All hereby approved plant or equipment shall be so
enclosed, attenuated and/or maintained such that any
noise therefrom shall not exceed Noise Rating 35
between 0700 and 2300 hours daily, or Noise Rating 20
between 2300 and 0700 hours daily, within any
neighbouring residential property, with all windows
slightly open, when measured and/ or calculated and
plotted on a rating curve chart.
Reason – In the interests of residential amenity; to ensure
a satisfactory standard of local environmental quality.
3.  In the event of a justified noise complaint being received
by the Council the operator shall, at its own expense,
employ a consultant approved by the Planning Authority
to carry out a noise assessment to verify compliance with
Condition 2.  The assessment will be carried out to an
appropriate methodology agreed in writing with the
Planning Authority.  If the noise assessment shows that
the noise levels do not comply with Condition 2 a scheme
of noise mitigation shall be included with the noise
assessment, specifying timescales for the implementation
of the scheme, and shall be submitted to the Planning
Authority within 28 days of the assessment.  The
mitigation scheme shall thereafter be implemented in
accordance with the approved scheme and timescales. 
Reason – In the interests of residential amenity; to ensure
a satisfactory standard of local environmental quality. 
Lighting 
4. All external lighting shall be sufficiently screened and
aligned so as to ensure that there is no direct illumination
of residential property and that light spillage beyond the
boundaries of the site is minimised. In association, the
operation of the lighting shall be controlled so as to only
be triggered by motion within the security fenced
boundaries of the site. 
Reason – In the interests of residential amenity; to ensure
a satisfactory standard of local environmental quality.

Page 10

Roads and Transport 
5. Prior to the commencement of works associated to the
hereby approved development, a Construction Traffic
Management Scheme (TMS) shall be submitted for the
written approval of the Planning Authority, such TMS
shall include details of 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)  the provision and installation of traffic counters at
the applicant's expense at locations to be agreed
prior to the commencement of construction; 
(n)  monitoring, reporting and implementation
arrangements; 
(o)  arrangements for dealing with non-compliance;
and
(p)  details of HGV movements to and from the site.  
The TMS as approved shall be strictly adhered to during
the entire site construction programme all to the
satisfaction of the Council as Planning Authority.

Page 11

Reason – In the interests of road safety.
6. The proposed route for any abnormal loads on the trunk
road and local road networks must be approved by the
relevant roads authority prior to the movement of any
abnormal load. Any accommodation measures required
including the removal of street furniture, junction
widening, traffic management must similarly be approved.
The details of any abnormal load movements required,
including any accommodation measures necessary, shall
be submitted to and agreed in writing by the Planning
Authority, in consultation with Transport Scotland and the
Transport Planning. Any request for approval shall be
submitted at least two months prior to the proposed load
movement.
Reason – To ensure that the transportation of abnormal
loads will not have any detrimental effect on the trunk
road network.
7. Any additional signing or temporary traffic control
measures deemed necessary due to the size or length of
loads being delivered to the development hereby
approved must be undertaken by a recognised Quality
Assured traffic management consultant. The details of
any temporary traffic control measures shall be submitted
to and agreed in writing by the Planning Authority, in
consultation with Transport Scotland and Transport
Planning. Any request for such approval shall be
submitted at least two months prior to the proposed
temporary control measured being implemented.
Reason – To ensure that the transportation of abnormal
loads will not have any detrimental effect on the trunk
road network.
External Finishing Colour 
8. Prior to the commencement of the development hereby
approved, details of the recessive colour of the proposed
external finishing materials to be used for the hereby
approved development components (i.e. battery storage
containers, transformers, customer switch rooms, DNO
Switchgear etc) 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.
Biodiversity
9. The detailed landscaping and planting report (plan
22/00832/22) which is hereby approved shall be
completed within the first available planting season
(October to March) after the completion or bringing into
use of the development, whichever is the earlier.  The

Page 12

approved scheme shall thereafter be maintained, with
any planting which fails to become established within five
years being replaced in the following planting season with
others of a size and species as previously approved.  
Reason – In the interests of visual amenity and to ensure
the satisfactory implementation of the proposed planting
scheme.
Private Water Supply 
10. Prior to the commencement of the development hereby
approved, details of the location and measures proposed
for the safeguarding and continued operation, or
replacement, of any septic tanks and soakaways, private
water sources, private water supply storage facilities
and/or private water supply pipes serving properties in
the vicinity, sited within and running through the
application site, shall be submitted to and approved in
writing by the Council as Planning Authority.  The
subsequently agreed protective or replacement measures
shall be put in place prior to the development being
brought into use and shall thereafter be so maintained
insofar as it relates to the development hereby approved.
Reason – In the interests of protecting any existing
private water infrastructure and to ensure the
development compliance with the Water Scotland Act
1980. 
Soil Management
11. All soils excavated in the course of the development
hereby approved shall be retained onsite and repurposed
unless otherwise approved in writing by the Council as
Planning Authority. Prior to the development hereby
approved commencing, a Soil Management Statement
shall be submitted to the Planning Authority for approval
in writing, this Statement shall set out the extent of any
excavation works to be undertaken and how soils shall be
reused and or managed onsite. All excavation and
repurposing of soil shall then proceed in accordance with
the agreed statement.
Reason – In the interests of soil protecting and
management in accordance with Policy 51 of the LDP2.
Facility Lifespan 
12. In the event the hereby approved development fails to
store electricity on a commercial basis for a continuous
period of 12 months, then it shall be deemed to have
permanently ceased to be required.  In such an event the
development shall be decommissioned, and the relevant
parts of the site reinstated within such timescale as
agreed in writing by the Council as Planning Authority.
Reason – To ensure the facility is removed from the site
at the end of its operational life, and to protect the

Page 13

character of the countryside, the visual amenity of the
area and nature conservation interests 
Justification
The proposal is considered to comply with the Development Plan
and there are no other material considerations that would justify
a departure from the relevant policies. 
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. An application for Building Warrant may be required.
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.
6. 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.
7. 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.
8. This development will require the 'Display of notice while
development is carried out', under Section 27C(1) of the
Town and Country Planning Act 1997, as amended, and
Regulation 41 of the Development Management
Procedure (Scotland) Regulations 2013.  The form of the

Page 14

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.
9. This planning permission is granted subject to conditions,
some of which require further information to be submitted
to Development Management either before works can start
on site or at a certain time. The required information must
be submitted via the ePlanning portal if your original
application was lodged that way, otherwise send it to us at
developmentmanagement@pkc.gov.uk. Please be aware
that a fee is payable in respect of each request made,
though there is no limit to the number of conditions that
can be discharged in a single request. The Fees Charter is
available on our website www.pkc.gov.uk.The Council has
two months to consider the information. You should
therefore submit the required information more than two
months before your permission expires. We cannot
guarantee that submissions made within two months of the
expiry date of your permission will be able to be dealt with
before your permission lapses.
10. The applicant should ensure that any existing wayleaves
for maintenance or repair to existing private water supply
or septic drainage infrastructure in the development area
are honoured throughout and after completion of the
development.
11. The applicant shall ensure the private water supply for the
dwellinghouse/ development complies with the Water
Scotland Act 1980 (Section 63), The Private Water
Supplies (Scotland) Regulations 2006 and The Water
Intended for Human Consumption (Private Supplies)
(Scotland) Regulations 2017.  Detailed information
regarding the private water supply, including the nature,
location and adequacy of the source, any storage tanks/
pipework and the filtration and disinfection treatment
proposed to ensure provision of an adequate and
consistently wholesome water supply shall be submitted to
Perth and Kinross Council Environmental Health in line
with the above Act and Regulations. 
(iii) 22/00746/FLM Formation of an up to 49.99MW energy
storage compound comprising battery storage units,
ancillary buildings, landscaping and associated works,
Land 60 metres North of Abernethy Cemetery, Newburgh
Road, Abernethy

Page 15

Ms C Quinney, objector to the application, Mr A Pringle,
applicant, and Mr D Grierson, agent, addressed the Committee
and answered Members’ questions. 
Motion (Councillors E Drysdale and D Cuthbert) 
Refuse, as the application is contrary to:
(1) the Perth and Kinross Local Development Plan 2 (2019)
Policy 1B(b): Placemaking as the proposal would be
predominant and visible within the wider landscape area,
and;
(2) the Perth and Kinross Local Development Plan 2 (2019)
Policy 50: Prime Agricultural Land as the proposal
involves the loss of prime agricultural land.  It has not
been satisfactorily demonstrated the proposal is
necessary in this location. 
Amendment (Councillors B Brawn and B Leishman) 
Grant, subject to the following conditions, terms and
informatives: 
General 
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.
Noise 
2. All hereby approved plant or equipment shall be so
enclosed, attenuated and/or maintained such that any
noise therefrom shall not exceed Noise Rating 35
between 0700 and 2300 hours daily, or Noise Rating 20
between 2300 and 0700 hours daily, within any
neighbouring residential property, with all windows
slightly open, when measured and/ or calculated and
plotted on a rating curve chart.
Reason – In the interests of residential amenity; to ensure
a satisfactory standard of local environmental quality.
3. In the event of a justified noise complaint being received
by the Council the operator shall, at its own expense,
employ a consultant approved by the Planning Authority
to carry out a noise assessment to verify compliance with
Condition 2.  The assessment will be carried out to an
appropriate methodology agreed in writing with the
Planning Authority.  If the noise assessment shows that
the noise levels do not comply with Condition 2 a scheme
of noise mitigation shall be included with the noise
assessment, specifying timescales for the implementation

Page 16

of the scheme and shall be submitted to the Planning
Authority within 28 days of the assessment.  The
mitigation scheme shall thereafter be implemented in
accordance with the approved scheme and timescales.  
Reason – In the interests of residential amenity; to ensure
a satisfactory standard of local environmental quality.
Lighting 
4. All external lighting shall be sufficiently screened and
aligned so as to ensure that there is no direct illumination
of residential property and that light spillage beyond the
boundaries of the site is minimised. In association, the
operation of the lighting shall be controlled so as to only
be triggered by motion within the security fenced
boundaries of the site. 
Reason – In the interests of residential amenity; to ensure
a satisfactory standard of local environmental quality.
Roads and Transport 
5. Prior to the commencement of works associated to the
hereby approved development, a Construction Traffic
Management Scheme (TMS) shall be submitted for the
written approval of the Planning Authority, such TMS
shall include details of 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;

Page 17

j. arrangements to ensure that access for emergency
service vehicles are not impeded;
k. co-ordination with other significant developments
known to use roads affected by construction traffic;
l. traffic arrangements in the immediate vicinity of
temporary construction compounds;
m. the provision and installation of traffic counters at the
applicant's expense at locations to be agreed prior to
the commencement of construction; 
n. monitoring, reporting and implementation
arrangements; 
o. arrangements for dealing with non-compliance; and
p. details of HGV movements to and from the site.   
The TMS as approved shall be strictly adhered to during
the entire site construction programme all to the
satisfaction of the Council as Planning Authority.
Reason – In the interests of road safety.
6. The details of any abnormal load movements required,
including any accommodation measures necessary, shall
be submitted to and agreed in writing by the Planning
Authority, in consultation with Transport Scotland and the
Councils Transport Planning team. Any request for
approval shall be submitted at least two months prior to
the proposed load movement.
Reason – To ensure that the transportation of abnormal
loads will not have any detrimental effect on the local or
trunk road network
7. Any additional signing or temporary traffic control
measures deemed necessary due to the size or length of
loads being delivered to the development hereby
approved must be undertaken by a recognised Quality
Assured Traffic Management Consultant. The details of
any temporary traffic control measures shall be submitted
to and agreed in writing by the Planning Authority, in
consultation with Transport Scotland and the Councils
Transport Planning team. Any request for such approval
shall be submitted at least two months prior to the
proposed temporary control measured being
implemented.
Reason – To ensure that the transportation of abnormal
loads will not have any    detrimental effect on the trunk
road network
External Finishing Colour 
8. Prior to the commencement of the development hereby
approved, details of the recessive colour of the proposed
external finishing materials to be used for the hereby
approved development components (i.e., battery storage
containers, transformers, DNO Switchgear, perimeter
fencing etc) shall be submitted to and agreed in writing by
the Council as Planning Authority.  The scheme as

Page 18

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.
Biodiversity 
9. Prior to the commencement of the development hereby
approved, a detailed landscaping and planting scheme
for the site shall be submitted to and approved in writing
by the Planning Authority.  The scheme shall include
details of the height and slopes of any mounding or
recontouring of the site, full details of all hard landscaping
proposals including materials and installation methods
and, species, height, size and density of trees and shrubs
to be planted.  The scheme as subsequently approved
shall be carried out and completed within the first
available planting season (October to March) after the
completion or bringing into use of the development,
whichever is the earlier, and the date of Practical
Completion of the landscaping scheme shall be supplied
in writing to the Council as Planning Authority within 7
days of that date.  The scheme as agreed and
implemented shall thereafter be maintained to the
satisfaction of the Council as Planning Authority.  
Reason – In the interests of visual amenity and to ensure
the satisfactory implementation of the proposed planting
scheme.
Private Water Supply
10. Prior to the commencement of the development hereby
approved, details of the location and measures proposed
for the safeguarding and continued operation, or
replacement, of any septic tanks and soakaways, private
water sources, private water supply storage facilities
and/or private water supply pipes serving properties in
the vicinity, sited within and running through the
application site, shall be submitted to and approved in
writing by the Council as Planning Authority.  The
subsequently agreed protective or replacement measures
shall be put in place prior to the development being
brought into use and shall thereafter be so maintained
insofar as it relates to the development hereby approved.
Reason – In the interests of protecting any existing
private water infrastructure and to ensure the
development compliance with the Water Scotland Act
1980.
Soil Management 
11. All soils excavated in the course of the development
hereby approved shall be retained onsite and repurposed
unless otherwise approved in writing by the Council as
Planning Authority. Prior to the development hereby

Page 19

approved commencing, a Soil Management Statement
shall be submitted to the Planning Authority for approval
in writing, this Statement shall set out the extent of any
excavation works to be undertaken and how soils shall be
reused and or managed onsite. All excavation and
repurposing of soil shall then proceed in accordance with
the agreed statement.
Reason: In the interests of appropriately managing prime
quality soils and minimising the long-term impacts of
developing the site in accordance with Policy 51 of the
LDP2.
Archaeology 
12. Development shall not commence until the developer has
secured the implementation of an archaeological
watching brief, to be carried out by an archaeological
organisation acceptable to the Council as Planning
Authority, during development work. The retained
archaeological organisation shall be afforded access at
all reasonable times and allowed to record and recover
items of interest and finds. The name of archaeological
organisation retained by the developer shall be given to
the Planning Authority and Perth and Kinross Heritage
Trust in writing not less than fourteen days before the
commencement date provided in the Notice of Initiation of
Development.   
Reason – To ensure archaeological monitoring is carried
out to safeguard and record any archaeological remains
within the development area.
Facility Lifespan 
13. In the event the hereby approved development fails to
store electricity on a commercial basis for a continuous
period of 12 months, and or at the end of life for the
development (50 years from the commencement of
electricity storage) it shall be deemed to have
permanently ceased to be required.  In either event the
development shall be decommissioned, and the relevant
parts of the site reinstated within such timescale as
agreed in writing by the Council as Planning Authority.
Reason – To ensure the facility is removed from the site
at the end of its operational life, and to protect the
character of the countryside, the visual amenity of the
area and nature conservation interests. 
Justification
The proposal is considered as a minor departure to the
Development Plan as there are material circumstances that
would justify a departure from relevant policies 1B and 50 of the
LDP2.

Page 20

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. An application for Building Warrant may be required.
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.
6. 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.
7. 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.
8. This development will require the 'Display of notice while
development is carried out', under Section 27C (1) of the
Town and Country Planning Act 1997, as amended, and
Regulation 41 of the Development Management
Procedure (Scotland) Regulations 2013. The form of the
notice is set out in Schedule 7 of the Regulations and a
draft notice is included for your guidance. According to
Regulation 41 the notice must be:
• Displayed in a prominent place at or in the vicinity of
the site of the development.
• Readily visible to the public.
• Printed on durable material.

Page 21

9. This planning permission is granted subject to conditions,
some of which require further information to be submitted
to Development Management either before works can
start on site or at a certain time. The required information
must be submitted via the ePlanning portal if your original
application was lodged that way, otherwise send it to us
at developmentmanagement@pkc.gov.uk. Please be
aware that a fee is payable in respect of each request
made, though there is no limit to the number of conditions
that can be discharged in a single request. The Fees
Charter is available on our website www.pkc.gov.uk.  The
Council has two months to consider the information. You
should therefore submit the required information more
than two months before your permission expires. We
cannot guarantee that submissions made within two
months of the expiry date of your permission will be able
to be dealt with before your permission lapses.
10. The developer is advised to contact Sophie Nicol, Historic
Environment  Manager (Tel: 01738 477027) Perth and
Kinross Heritage Trust, to discuss  terms of
reference for work required.
11. The applicant should ensure that any existing wayleaves
for maintenance or  repair to existing private water supply
or septic drainage infrastructure in the development area
are honoured throughout and after completion of the
development.
12. The applicant shall ensure the private water supply for
the dwellinghouse/ development complies with the Water
Scotland Act 1980 (Section 63), The Private Water
Supplies (Scotland) Regulations 2006 and The Water
Intended for Human Consumption (Private Supplies)
(Scotland) Regulations 2017.  Detailed information
regarding the private water supply, including the nature,
location and adequacy of the source, any storage tanks/
pipework and the filtration and disinfection treatment
proposed to ensure provision of an adequate and
consistently wholesome water supply shall be submitted
to Perth and Kinross Council Environmental Health in line
with the above Act and Regulations.
13. 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.

Page 22

In terms of Standing Order 21.5 a roll call vote was taken. 
5 members voted in accordance with the Motion as follows:
Councillors D Cuthbert, E Drysdale, I James, C Reid and Bailie
Williamson. 
7 members voted in accordance with the Amendment as follows:
Councillors H Anderson, B Brawn, D Illingworth, B Leishman,
Bailie C McLaren, Councillors I Massie and G Stewart. 
In terms of Standing Order 24.1, Councillor K Harvey was
unable to participate in the taking of a decision on this item due
to leaving the Chambers during discussion. 
Resolved:
In accordance with the Amendment. 
COMMITTEE ADJOURNED FOR A SHORT BREAK AT THIS POINT 
(2) Local Applications 
(i) 22/00334/FLL Erection of shelter building and acoustic
fence, formation of clay pigeon shooting range and earth
bunds (in part retrospect), Crieff Hydro Hotel, Ferntower
Road, Crieff 
Mr R Percival, Mr A Birnie, Ms A Crichton, objectors to the
application, addressed the Committee and answered members
questions.  Mr K Campbell, General Manager of Crieff Hydro
Hotel, James Denholm, agent, both for the applicants,
addressed the Committee and were joined by Mr D Chapman,
agent, to answer Members’ questions. 
Motion (Councillors B Brawn and C Reid) 
Grant, subject to the following conditions and terms: 
Conditions
1. Permission is hereby granted for a limited period until 22
September 2025. 
Reason – In view of the nature of the proposed
development, and to enable the Planning Authority to
review the circumstances pertaining to the proposal
within a reasonable period of time. 
2. Noise from operations on site shall not exceed L A90,1 hour
background noise level plus 5dB (A) when measured at
any residential property.
Reason – In order to safeguard the residential amenity of
the area.

Page 23

3. No clay pigeon shooting is hereby permitted on site until a
1.5-metre-high acoustic fence is installed in line with the
recommendation of Noise Assessment L-8112C-DJC-
RGM dated 20 January 2022 and drawing No 04 and 07.
Reason – In order to safeguard the residential amenity of
the area.
4. No clay pigeon shooting is hereby permitted on this site
until the enclosure from which shooting will take place has
been acoustically insulated in accordance with drawing 05
such that the walls, roof, and external wing walls of the
enclosure have been clad with noise insulating material,
the details shall be first submitted to and approved in
writing by the Planning Authority in consultation with
Environmental Health. 
Reason – In order to safeguard the residential amenity of
the area.
5. Within one month of the completion of the following
mitigation measures; acoustic insulation of the shooting
enclosure and erection of acoustic fence at the approved
locations; a Noise Impact Assessment shall be
undertaken by a suitably qualified person and the Report
submitted to, and approved in writing by, the Planning
Authority. The Report shall summarise the findings of the
Noise Impact Assessment and make recommendations
for further mitigation works if the noise of shooting is
found to be over 55dB at the nearest noise sensitive
property. Once approved, any required mitigation must be
implemented in accordance with the approved details
within 30 days, unless otherwise first agreed in writing by
the Planning Authority.
Reason – In order to safeguard the residential amenity of
the area.
6. No clay pigeon shooting shall take place on the site other
than between the hours of 10:00 to 17:00 hours Monday
to Friday and 11:00 hours to 17:00 hours Saturday and
Sunday. 
Reason – In order to safeguard the residential amenity of
the area.
7. No clay pigeon shooting shall take place unless and until
the exclusion zone is clearly marked out on site, and
warning signs are erected on the access track to the site,
details of which shall first be approved in writing by the
Planning Authority. Thereafter, the approved scheme shall
be implemented prior to the first use of the development
and retained in place for the duration of the use of the
land for clay target shooting.
Reason – In order to safeguard the general public 
8. Only low noise cartridges as referenced in the Noise
Impact Assessment (plan ref 09) shall be used for the clay

Page 24

pigeon shooting and all shooting at the site must be within
the shooting enclosure at all times.
Reason – In order to safeguard the residential amenity of
the area.
9. In the event of a justified noise complaint being received
by the Council the operator shall, at its own expense,
employ a consultant approved by the Planning Authority
to conduct a noise assessment to verify compliance with
the CIEH men shooting noise level below 55dB(A) and
condition1 above. The assessment will be conducted to
an appropriate methodology agreed in writing with the
Planning Authority. If the noise assessment shows that
the noise levels do not comply with CIEH 55dB or
condition 1, a scheme of noise mitigation shall be included
with the noise assessment, specifying timescales for the
implementation of the scheme, and shall be submitted to
the Planning Authority with 28 days of the assessment.
The mitigation scheme shall thereafter be implemented in
accordance with the approved scheme and timescales.
Reason – In order to safeguard the residential amenity of
the area. 
Justification
The proposal is in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
Amendment (Councillors D Cuthbert and B Leishman)  
Refuse, as the proposal is contrary to the Perth and Kinross
Local Development Plan 2 (2019), Policy 8(c): Rural Business
and Diversification and Policy 56: Noise Pollution, as there has
been a failure to satisfactorily demonstrate that noise annoyance
will not occur at noise sensitive receptors. 
In terms of Standing Order 21.5 a roll call vote was taken.  
7 members voted in accordance with the Motion as follows:
Councillors B Brawn, D Illingworth, I James, Bailie C McLaren,
Councillors I Massie, C Reid and G Stewart  
6 members voted in accordance with the Amendment as follows:
Councillors H Anderson, D Cuthbert, E Drysdale, K Harvey, B
Leishman and Bailie M Williamson.  
Resolved:
In accordance with the Motion.

Page 25

(ii) 22/00711/FLL Erection of visitor centre comprising crannog
roundhouse, demonstration structures, café/retail,
museum/office, car and coach parking, landscaping and
associated works, Land 60 metres south east of Drummond
House, Kenmore 
Mr William Duff, objector, via audio conference, addressed the
Committee and answered Members’ questions.  Mr N Grant and
Mr M Benson, applicants, addressed the Committee and were
joined by Mr S Mackellar, agent, to answer Members’ questions. 
Resolved:
Grant, subject to the following conditions, terms and
informatives: 
Conditions
1. The development hereby approved must be carried out in
accordance with the approved drawings and documents,
unless otherwise provided for by conditions imposed by
this decision notice.
Reason – To ensure the development is carried out in
accordance with the approved drawings and documents.
2. Prior to the commencement of any works on site, all trees
on site (other than those marked for felling on the
approved plans) and those which have Root Protection
Areas which fall within the site shall be retained and
protected. Protection methods shall be strictly in
accordance with BS 5837 2012: Trees in Relation to
Design, Demolition and Construction and in accordance
with the mitigation outlined within the approved tree
survey (doc ref:52).  Protection measures, once in place,
shall remain in place for the duration of construction.
Reason – In the interests of visual amenity; to ensure a
satisfactory standard of local environmental quality.
3. All trees on site, other than those marked for felling on
the approved plans, shall be retained.
Reason – In the interests of visual amenity; to ensure a
satisfactory standard of local environmental quality.
4. The detailed landscaping and planting scheme which is
hereby approved shall be completed within the first
available planting season (October to March) after the
completion or bringing into use of the development,
whichever is the earlier.  The approved scheme shall
thereafter be maintained to the satisfaction of the Council
as Planning Authority, with any planting which fails to
become established within five years being replaced in
the following planting season with others of a size and
species as previously approved
Reason – In the interests of visual amenity; to ensure a
satisfactory standard of local environmental quality.

Page 26

5. The conclusions and recommended action points within
the supporting biodiversity survey submitted and hereby
approved (document 103 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.
6. Prior to the commencement of the development hereby
approved, an Invasive Non-Native Species Control Plan
shall be provided for the written approval of the Council
as Planning Authority. The plan shall contain measures to
eradicate and control invasive non-native species.
Thereafter, the agreed scheme shall be implemented in
full accordance during the construction phase.
Reason – In the interests of protecting environmental
quality and of biodiversity.
7. Development shall not commence until a detailed
Construction Method Statement (CMS) has been
submitted to and approved in writing by the Council as
Planning Authority. The CMS must identify measures to
prevent harmful materials entering the River Tay SAC,
which could reduce water quality and lead to a damaging
impact on the salmon, otter and lamprey interests. The
CMS should include the following: 
(a) pollution prevention safeguards including surface
water drainage arrangements and the possible use
of siltation traps, settlement tanks and bunds 
(b) storage and disposal of materials including the
siting of stock piles, use of buffer strips and
disposal methods 
(c) construction site facilities including extent and
location of construction site huts, vehicles,
equipment, fuel, chemicals and materials
compound 
(d) timing, duration and phasing of construction
particularly in relation to salmon and lamprey
migration/spawning. 
(e) measures to cater for waste water during
construction
The CMS and mitigations as agreed shall be fully
implemented as part of the planning permission. 
Reason – In order to ensure the development does not
impact negatively on the nearby Special Area of
Conservation.
8. Prior to the commencement of development on site a Site
Biodiversity Action Plan which lists opportunities for
Biodiversity Enhancement shall be submitted to and
approved in writing by the Planning Authority.  The Action
Plan shall include details of quantity, locations,

Page 27

techniques, timescales and monitoring arrangements for
the biodiversity enhancement measures outlined within
the Ecological Impact Assessment Report (doc ref: 103). 
The Action Plan, as approved in writing, shall be fully
implemented for the lifetime of the development.
Reason – In the interests of protecting environmental
quality and of biodiversity.
9. 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 150mm outside diameter being blanked off
at the end of each working day.
Reason – In the interests of protecting environmental
quality and of biodiversity.
10. Prior to the commencement of development a detailed
statement shall be submitted for the approval of the
Council as Planning Authority which demonstrates that at
least 10% of the current carbon emissions reduction set
by Scottish Building Standards will be met through the
installation and operation of low and zero-carbon
generating technologies. The approved measures shall
thereafter be implemented to the satisfaction of the
Council as Planning Authority.
Reason – In order to demonstrate compliance with both
Policy 32 of the local development plan and the carbon
emissions reduction set by Scottish Building Standards.
11. Development shall not commence until the developer has
secured the implementation of a programme of
archaeological work in accordance with a written scheme
of archaeological investigation which has been submitted
by the applicant and agreed in writing by the Council as
Planning Authority, in consultation with Perth and Kinross
Heritage Trust. Thereafter, the developer shall ensure
that the programme of archaeological works is fully
implemented including that all excavation, preservation,
recording, recovery, analysis, publication and archiving of
archaeological resources within the development site is
undertaken.  In addition, the developer shall afford
access at all reasonable times to Perth and Kinross
Heritage Trust or a nominated representative and shall
allow them to observe work in progress.
Reason – To ensure an appropriate archaeological
standing building survey is carried out and the resulting
survey is recorded properly.

Page 28

12. Servicing of and deliveries to the premises shall be
carried out between 0700 and 1900 Monday to Saturday
only, with no servicing or deliveries permitted on
Sundays.
Reason – In the interests of residential amenity; to ensure
a satisfactory standard of local environmental quality.
13. No amplified music or speech shall be permitted in any
external area at any time.
Reason – In the interests of residential amenity; to ensure
a satisfactory standard of local environmental quality.
14. All plant or equipment shall be so enclosed, attenuated
and/or maintained such that any noise therefrom shall not
exceed Noise Rating 35 between 0700 and 2300 hours
daily, or Noise Rating 20 between 2300 and 0700 hours
daily, within any neighbouring residential property, with all
windows slightly open, when measured and/or calculated
and plotted on a rating curve chart.
Reason – In the interests of residential amenity; to ensure
a satisfactory standard of local environmental quality.
15. Prior to the development hereby approved being
completed or brought into use, an effective ventilation
system commensurate with the nature and scale of
cooking to be undertaken within the cafe shall be installed
and operated such that cooking odours are not exhausted
into or escape into any neighbouring buildings. Thereafter
the system shall be maintained. 
Reason – In the interests of residential amenity; to ensure
a satisfactory standard of local environmental quality.
16. 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 the interests of residential amenity; to ensure
a satisfactory standard of local environmental quality.
17. The maximum number of events held within any external
area shall be restricted to 15 per calendar year.  Up to
three events per calendar year must cease operation by
2230hrs.  The remaining twelve events must cease
operation by 2100hrs.
Reason – In the interests of residential amenity; to ensure
a satisfactory standard of local environmental quality.
18. The use of chainsaws shall be restricted to one hour per
day.  This hour-long period is restricted to between 0900-
1700 Monday to Friday only.  Any use of chainsaws out
with these hours or for prolonged periods shall be
discussed in advance with the Planning Authority and
details of acoustic screening to be utilised shall be
submitted for the written approval of the Planning

Page 29

Authority.  The acoustic screening, as agreed in writing
with the Planning Authority, shall remain in place for the
duration of the chainsaw use.
Reason – In the interests of residential amenity; to ensure
a satisfactory standard of local environmental quality.
19. Between 0700hrs and 2300hrs noise from the premises
shall not exceed L A90,1 hour background noise level
plus 5dB (A), including any relevant penalties for tonality,
impulsivity, intermittency, or other sound characteristics,
when measured at any residential property in accordance
with BS4142:2014. 
Reason – In the interests of residential amenity; to ensure
a satisfactory standard of local environmental quality.
20. 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 patron 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.
Reason – In the interests of residential amenity; to ensure
a satisfactory standard of local environmental quality.
21. In the event, that justified complaints for noise are
received by the Council, the applicant at their own
expense, shall employ a consultant to carry out an
assessment of noise from the development, with the
appointment and methodology to be approved in writing
by the Planning Authority. Thereafter
recommendations/mitigation measures along with
timescales for implementation will be submitted to the
Planning Authority within 28 days of the assessment.  All
mitigation measures shall then subsequently be
implemented in accordance with the agreed timescales.
Reason – In the interests of residential amenity; to ensure
a satisfactory standard of local environmental quality.
22. Prior to the commencement of the development hereby
approved, full visibility splays of 120 metres shall be
provided to the left and right of the access, at a set-back
of 2.4 metres measured 1.05m above the road level,
insofar as the land is in the control of the applicant, and
thereafter maintained.
Reason – In the interests of road safety; to ensure an
acceptable standard of construction within the public road
boundary.
23. Prior to occupation and/or use of the development hereby
approved the applicant shall promote a Traffic Regulation

Page 30

Order (TRO) for a reduced speed limit on the A827 for a
distance to be agreed with the Council as Roads
Authority.  The speed limit on the A827 public road shall
be reduced to the agreed limit and distance prior to the
occupation and/or use of the development.
Reason – In the interests of road safety.
24. Prior to commencement of any development on site, a
detailed design for the proposed secure cycle parking
facility for a minimum of 30 cycles shall be submitted to
and approved in writing by the Planning Authority in
consultation with the Roads Authority.  The applicant can
seek guidance on the detailed design and positioning of
the cycle storage from Transport Scotland's Cycling by
Design 2021 or similar design guide.  The cycle parking,
as approved in writing, shall be implemented in
accordance with the approved details to the satisfaction
of the Council as Planning Authority prior to the
development being brought into use.
Reason – To encourage active travel and meet advice
within Scottish Planning Policy on transport.
25. No part of the development shall be occupied until a Staff
Travel Plan (STP), aimed to encourage more sustainable
means of travel, has been submitted to and agreed in
writing by the Council in consultation with Transport
Planning. The STP will have particular regard to provision
for walking, cycling and public transport access to and
within the site and will identify the measures to be
provided, the system of management, monitoring, review,
reporting and the duration of the plan.
Reason – To promote sustainable transport options and
to meet advice within Scottish Planning Policy on
transport.
26. Prior to the commencement of the development hereby
approved, the developer shall submit for the 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;

Page 31

(e) emergency arrangements detailing communication
and contingency arrangements in the event of
vehicle breakdown;
(f) arrangements for the cleaning of wheels and
chassis of vehicles to prevent material from
construction sites associated with the development
being deposited on the road;
(g) arrangements for cleaning of roads affected by
material deposited from construction sites
associated with the development;
(h) arrangements for signage at site accesses and
crossovers and on roads to be used by
construction traffic in order to provide safe access
for pedestrians, cyclists and equestrians;
(i) details of information signs to inform other road
users of construction traffic;
(j) arrangements to ensure that access for
emergency service vehicles are not impeded;
(k) co-ordination with other significant developments
known to use roads affected by construction traffic;
(l) traffic arrangements in the immediate vicinity of
temporary construction compounds;
(m) the provision and installation of traffic counters at
the developer 's expense at locations to be agreed
prior to the commencement of construction;
(n) monitoring, reporting and implementation
arrangements; 
(o) arrangements for dealing with non-compliance;
and
(p) details of HGV movements to and from the site. 
The TMS as approved shall be strictly adhered to during
the entire site construction programme.
Reason – In the interest of proper site management. 
Justification 
The proposal is in accordance with the Development Plan and
there are no material reasons which justify departing from the
Development Plan. 
Informatives
1. 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

Page 32

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. No work shall be commenced until an application for
building warrant has been submitted and approved.
5. Records indicate that at least part of the proposed
development site lies within a radon affected area where
the measurement/monitoring of radon gas and the
installation of mitigation measures may be required.
6. Further information on radon gas and the associated
reports that can be obtained is available at
www.ukradon.org and at
http://shop.bgs.ac.uk/georeports/.
7. The applicant is advised that the granting of planning
permission does not guarantee a connection to Scottish
Water’s assets. The applicant must make a separate
application to Scottish Water Planning & Development
Services team for permission to connect to the public
wastewater system and/or water network and all their
requirements must be fully adhered to.
8. The developer should be aware of the regulatory advice
under the Water Environment (Controlled Activities)
(Scotland) Regulations 2011 contained within SEPA's
consultation response dated 21 July 2022.
9. The applicant shall ensure the private water supply for
the dwellinghouse/ development complies with the Water
Scotland Act 1980 (Section 63), The Private Water
Supplies (Scotland) Regulations 2006 and The Water
Intended for Human Consumption (Private Supplies)
(Scotland) Regulations 2017.  Detailed information
regarding the private water supply, including the nature,
location and adequacy of the source, any storage tanks/
pipework and the filtration and disinfection treatment
proposed to ensure provision of an adequate and
consistently wholesome water supply shall be submitted
to Perth and Kinross Council Environmental Health in line
with the above Act and Regulations.
10. The developer is advised to contact Sophie Nicol,
Historic Environment Manager (Tel: 01738 477027) Perth
and Kinross Heritage Trust, to discuss terms of reference
for work required.

Page 33

6. PROPOSAL OF APPLICATION NOTICES (PAN) 
(i) 22/00018/PAN – Residential development, formation of open
space, landscaping and associated works, land 350 metres north
west of Davies Park, Springfield Road, Kinross. 
Due to lack of time, Members were encouraged to submit any
comments they may have on the proposal of application notice to the
relevant planning officer. 
No comments have been received. 
(ii) 22/00019/PAN – Change of use from agricultural land to form
extension to caravan park, land 200 metres north east of Erigmore
Caravan Site, St Mary’s Road, Birnam 
Due to lack of time, Members were encouraged to submit any
comments they may have on the proposal of application notice to the
relevant planning officer. 
Bailie McLaren requested that due consideration is given to waste
management and developer contributions.