Democracy Spraffa

21/01755/Fll

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

Perth and Kinross Council
Planning and Placemaking Committee – 23 November 2022
Report of Handling by Head of Planning & Development
(Report 22/286) 
PROPOSAL: Erection of 3 dwellinghouses, 3 garages and associated works 
LOCATION: Land 30 metres north east of Rantrie Knowe, Drum 
Ref. No: 21/01755/FLL
Ward No: P8 – Kinross-shire 
Summary 
This report recommends approval of the application as the development is
considered to comply with the relevant provisions of the Development Plan and
there are no material considerations apparent which outweigh the Development
Plan. 
BACKGROUND AND DESCRIPTION OF PROPOSAL 
1 Full planning permission is sought for the erection of three dwellinghouses each
with detached garages and other associated works, including a SUDS pond,
within Drum, Crook of Devon.  The application site is approximately 0.3ha in
area and extends to the south, towards the B9097, to accommodate drainage
infrastructure. 
2 The site is considered an ‘infill’ and is bound by: the A977 public road to the
north-west; a line of mature trees to the north-east, with residential
development beyond; to the south-west by Rantrie Knowe, a dwellinghouse
owned by the applicant; and to the south-east by open fields where the
drainage system would be located. 
3 The existing access onto the A977 which serves Rantrie Knowe would be used. 
Plot 1 is proposed to the immediate east of this access and would extend to
773sqm.  A new access track and turning head is proposed to the south of Plot
1 and would serve Plot 2 (875sqm) and Plot 3 (817sqm) in the eastern part of
the site.   
4 Plot 1 is proposed to have a 3-bedroom dwellinghouse with a rectangular
footprint and see accommodation over two levels, with the upper floors served
by dormer windows on both north and south elevations.  It is proposed to be
finished in smooth white render, cedral weatherboarding and a natural slate
roof. 
5 Plot 2 is of a similar design/footprint to Plot 1 and with 3 bedrooms, however
dormer windows are only proposed on the south-west elevation.  Larger
window openings are proposed on the gables.

Page 2

6 Plot 3 is the largest, containing 4 bedrooms, and would have pitched roof
projections on the north-west and south-east elevations.  All houses are
proposed to be c.8 metres in height. 
7 There is a considerable amount of history associated with this site.  A planning
permission in principle was originally granted in April 2008 and this consent
was renewed in May 2011 under application 11/00461/IPL.  In January 2012
there was a serious accident on the A977 adjacent to the site where
approximately 20,000 litres of aviation fuel was released from a tanker and
caused contamination on the site, which was cleared up under direction from
SEPA.  A further renewal of the consent was then approved under application
14/00732/IPL.  Following this an Approval of Matters application for three
dwellings, with exactly the same layout as the application under consideration
here, was approved in June 2017 (17/00606/AML) but this has since expired. 
NATIONAL POLICY AND GUIDANCE 
8 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 
9 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 (SSP) 
10 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. 
11 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
• Enabling Delivery of New Homes: paragraphs 109-134 
• Valuing the Natural Environment: paragraphs 193-218

Page 3

• Managing Flood Risk and Drainage: paragraphs 254-268 
Planning Advice Notes 
12 The following Scottish Government Planning Advice Notes (PANs) and
Guidance Documents are of relevance to the proposal: 
• PAN 40 Development Management
• PAN 51 Planning, Environmental Protection and Regulation
• PAN 61 Planning and Sustainable Urban Drainage Systems
• PAN 68 Design Statements
• PAN 69 Planning and Building standards Advice on Flooding
• PAN 75 Planning for Transport
• PAN 77 Designing Safer Places 
• PAN 69 Planning and Building standards Advice on Flooding 
• PAN 75 Planning for Transport 
• PAN 77 Designing Safer Places 
• PAN 79 Water and Drainage 
Creating Places 2013 
13 Creating Places is the Scottish Government’s policy statement on architecture
and place. It sets out the comprehensive value good design can deliver. It
notes that successful places can unlock opportunities, build vibrant
communities and contribute to a flourishing economy and set out actions that
can achieve positive changes in our places. 
Designing Streets 2010 
14 Designing Streets is the policy statement in Scotland for street design and
changes the emphasis of guidance on street design towards place-making and
away from a system focused upon the dominance of motor vehicles. It was
created to support the Scottish Government’s place-making agenda, alongside
Creating Places. 
National Roads Development Guide 2014 
15 This document supports Designing Streets and expands on its principles and is
considered to be the technical advice that should be followed in designing and
approving of all streets including parking provision. 
DEVELOPMENT PLAN 
16 The Development Plan for the area comprises the TAYplan Strategic
Development Plan 2016-2036 and the Perth and Kinross Local Development
Plan 2019.

Page 4

TAYPlan Strategic Development Plan 2016-2036 
17  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.” 
Perth and Kinross Local Development Plan 2 
18 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. 
19 The principal relevant policies are, in summary; 
• Policy 1A: Placemaking
• Policy 1B: Placemaking
• Policy 5: Infrastructure Contributions
• Policy 6: Settlement Boundaries
• Policy 17: Residential Areas
• Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy
• Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and
Development
• Policy 53B: Water Environment and Drainage: Foul Drainage
• Policy 53C: Water Environment and Drainage: Surface Water Drainage
• Policy 56: Noise Pollution
• Policy 58A: Contaminated and Unstable Land: Contaminated Land
• Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
OTHER POLICIES 
Developer Contributions and Affordable Housing Supplementary
Guidance April 2020 
Placemaking Supplementary Guidance 2020 
SITE HISTORY 
20  07/02361/OUT was approved on 5 April 2008 for the erection of 3
dwellinghouses with double garages (in outline) 
21  11/00461/IPL was approved on 19 May 2011 for the renewal of planning
consent 07/02361/OUT for the erection of 3 dwellinghouses with double
garages (in principle)

Page 5

22 14/00732/IPL was approved on 17 July 2014 for the renewal of permission
(11/00461/IPL) erection of three dwellinghouses with double garages (in
principle) 
23 17/00606/AML was approved on 13 June 2017 for the erection of three
dwellinghouses and garages (matters specified by conditions 14/00732/IPL) 
24 20/00706/AML Renewal of permission 17/00606/AML (Erection of 3
dwellinghouses and garages) - Withdrawn on 25 August 2020 
25 21/01164/FLL Full Planning Permission application for the erection of 3
dwellinghouses, 3 garages and associated works - Withdrawn on 27 August
2020  
CONSULTATIONS 
26 As part of the planning application process the following bodies were consulted: 
External 
Scottish Water 
27 No objection, advise that a separate application is required to connect to their
assets. 
Fossoway And District Community Council 
28 Object, due to flood risk both on site and the impact development may have on
flood risk downstream.  Concerns have also been expressed regarding
contamination of site from aviation fuel spill. 
Internal 
Transport Planning 
29 No objection.  Access and parking arrangements considered to be acceptable
and public road capable of accommodating increased traffic associated with
development. 
Development Contributions Officer 
30 No contribution required as there are no capacity constraints at Fossoway
Primary School. 
Biodiversity/Tree Officer 
31 No comments.

Page 6

Environmental Health (Contaminated Land) 
32 No objection. Advise the site is fit for residential development following clean-up
of aviation fuel. 
Environmental Health (Noise Odour) 
33 No objection. Consider the Noise Impact Assessment submitted in relation to
road traffic noise acceptable, subject to conditional control. 
Structures And Flooding 
34 No objection. Advise the information submitted demonstrates that the proposals
will have a neutral impact on flood risk and therefore are acceptable. 
REPRESENTATIONS
35 Seven representations were received. The main issues raised are: 
• Visual impact
• Flood risk and surface water drainage
• Wastewater drainage capacity
• Loss of open space
• Loss of trees
• Road safety and traffic generation
• Contamination from fuel spill
• Neighbour notification process
• Servitude rights of access/impacts on existing drainage system 
36 These issues are addressed in the appraisal section of the report. However,
servitude rights of access/impacts are not a material planning consideration. 
ADDITIONAL STATEMENTS
37
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not Required
Appropriate Assessment Habitats Regulations Appraisal
AA Not Required
Design Statement or Design and Access
Statement
Not Required
Report on Impact or Potential Impact  • Flood Risk Assessment
• Drainage Design and Storm
Water Calculations
• Tree Survey 
• Noise Impact Assessment
for Road Traffic Noise

Page 7

APPRAISAL 
38 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as
amended) require the determination of the proposal to be made in accordance
with the provisions of the Development Plan, unless material considerations
indicate otherwise.  The 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 considerations of the Council’s other
approved policies and supplementary guidance, namely Placemaking
Supplementary Guidance and the Developer Contributions and Affordable
Housing Supplementary Guidance. 
Principle 
39 Crook of Devon/Drum is identified as a settlement within the Perth and Kinross
Local Development Plan 2 (2019) and the identified as "white land" where Policy
17 applies.  This states that infill residential development will be appropriate
subject to it reflecting the character, layout and amenity of the area.  Policies 1A
and B echo this and state that new development should complement its
surroundings in terms of form, appearance, height, scale, massing, materials,
finishes and colours, amongst other criteria.   
40 There have been numerous ‘in principle’ and ‘detailed’ permissions on this site,
which are material considerations, and the site is seen as a logical infill site given
the residential development which surrounds.   
41 The general principle of the residential development is therefore acceptable and
the proposal and is considered to accord with Policy 17 of the LDP2.  An
assessment of the design and layout along with other technical matters including
drainage and access is provided below. 
Design and Layout 
42 Generally, the design and scale of development should respect its surroundings
and adhere to Policies 1A and B of LDP2, which relate to placemaking.  Further
guidance is also provided within the associated Placemaking Supplementary
Guidance.   
43 Furthermore, through Creating Places 2013, Scottish Ministers set 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. 
44 The character of the area is relatively uniform, with detached properties located
to the west and east of the site, fronting the public road but also extending
southwards.  Plot sizes are relatively mixed but generally quite large and
contributing to an open feel to the area.

Page 8

45 The proposal to accommodate three detached dwellings and garages on the site
is considered to be appropriate in the context of the areas character.  The plot
sizes and build to plot ratios are generally considered to reflect the established
character and therefore the proposal is considered to comply with the Council's
Placemaking Supplementary Guidance (SG) and Policies 1 and 17 of the LDP2. 
Furthermore, the layout and design of the dwellinghouses is identical to that
which was approved in 2017.  Whilst a new Local Development Plan has been
published since then, the policies in terms of design and layout are broadly
similar. 
46 The proposal for one and three-quarter storey dwellings and single storey
detached garages is considered appropriate in terms of scale and mass for this
site.  The area being characterised by a mixture of single storey and two storey
dwellings.  The design and scale of each dwelling is considered to be appropriate
and utilises high quality materials which would respect the context.   
47 The proposed layout and design of the houses is therefore considered to reflect
the character and amenity of the area and therefore complies with the criteria
outlined in policies 1A, B and 17 of the LDP2 and the associated SG.   
Landscape 
48 The previous approval on the site included a condition to ensure the provision of
appropriate landscaping and boundary treatments for the site.  The submission
includes some reference to additional planting on the site but no details on
species and density of planting has been submitted.  It is considered necessary
to secure details of the proposed planting and boundary treatments, as this
remains an important part of the original planning approval.  Accordingly, these
details will be secured through conditions (Conditions 3 and 4). 
Trees 
49 Scottish Planning Policy specifies that trees which have a significant biodiversity
value and make a significant contribution to landscape character and quality
should be protected from adverse impacts resulting from development. 
50 In support of this application a tree survey had been undertaken in accordance
with BS:5837 Trees in relation to construction and the recommendations
contained within are considered to comply with Policy 40B. The tree locations are
also shown on the site plan to demonstrate the relationship of the houses to the
trees. 
51 In this case there is a slight overlap between Plot 2 and the root protection area
and further mitigation will be required to facilitate the construction of the dwelling
in this location and these mitigation measures are indicated within the tree
survey and are considered to be acceptable.  Conditions are recommended to
ensure implementation of this mitigation (Conditions 6 and 7).

Page 9

Residential Amenity 
52 Policy 1A and B require any development to not detrimentally impact on
residential amenity and to ensure any occupiers of new development have an
adequate level of residential amenity. 
Impacts on adjoining properties 
53 The formation of residential development has the potential to result in
overlooking and overshadowing to neighbouring dwellings and garden ground. 
There is a need to secure privacy for all the parties to the development those
who would live in the new dwellings, those that live in the existing house and
those that live in adjoining dwellings.  Planning control has a duty to future
occupiers not to create situations of potential conflict between neighbours.   
54 The Council's guidance generally seeks to ensure there is a minimum distance of
9m from windows to boundaries in order to mitigate overlooking from new
development.  In this instance the windows on the north facing elevation of plot 2
are within 7.5m of the boundary to the north, however these are only ground floor
windows and thus boundary is occupied by a number of mature trees which will
provide screening.  This is considered to be acceptable.  There are not
considered to be any overlooking concerns from the other plots. 
Daylight/Overshadowing 
55 Although overshadowing is not a matter specifically referred to in ministerial
guidance, the protection of neighbouring developments from unreasonable loss
of light is a well-established proper planning consideration. 
56 The Council's adopted Supplementary Guidance relating to Placemaking
includes specific information on how the issue of overshadowing can be
assessed.  This is known as the 25 degrees rule.  Any proposed development
should maintain and allow for a reasonable amount of natural daylight to the
internal living space of neighbouring residential properties.  Established practise
determines that 25 degrees is a suitable maximum obstruction path which should
be afforded directly to a front or rear aspect.   Having carried out an assessment
of the proposed development the height of the proposed buildings does not
breach the 25-degree obstruction path as outlined in the Supplementary
Guidance.  Therefore, the proposed development is thus considered acceptable
in terms of its impact on daylight. 
Private Amenity Space 
57 The extent in which private amenity space is used relates specifically to the
dwellings occupant. It is therefore particularly difficult to forecast the extent of
garden ground required and ultimately overtime this will change with any new
inhabitant. Nevertheless, it is important to seek an outside area that can perform
the minimum to be expected of a garden i.e., clothes drying, dustbin storage and
sitting out.  Each house is provided with an adequate level of garden ground for
the size of house.

Page 10

58 Overall, the development is considered acceptable in terms of the impact on
residential amenity of neighbours and the amenity of future occupiers and
therefore accords with the Local Development Plan where it relates to residential
amenity. 
Road Traffic Noise 
59 The planning system has an important role to play in preventing and limiting
noise pollution. Although the planning system cannot tackle existing noise
problems directly, it has the task of guiding development to the most suitable
locations and regulating the layout and design of new development. The noise
implications of development can be a material consideration in determining
applications for planning permission. In this instance the applicant has submitted
information on noise as this was identified as an issue with previous applications
on the site including a Noise Impact Assessment (NIA) to consider the impact
which road traffic noise from the A977 may have on occupiers of the dwellings. 
60 The NIA assessment states that the external noise; daytime would be 59dB (A)
and for night-time would be 49 dB (A) at Plot 1, the closest proposed
dwellinghouse to the road. 
61 The NIA assessment concludes that there will be a negligible adverse effect on
future residents and slight significance during the night.  During the daytime the
effects on future residents from road noise will be a minor adverse impact and
slight /moderate significance during the day. 
62 Environmental Health (EH) note that the applicant must however ensure a
reduction of at least 19dB to meet the BS 8233:2014 internal night-time bedroom
criteria of 30 dB (A). The World Health Organisation (WHO) also recommends
that the outside garden areas should be no more than 55 dB (A). 
63 Therefore, to protect residential amenity from road traffic noise EH recommend
conditional control to comply with Policy 56 of the Local Development Plan 2.
(Condition 8). 
Flooding and Surface Water Drainage 
64 There are surface water/ground water issues in the wider Drum area and a
series of photographs have been received in letters of representation showing
flooding.  The proposal includes the formation of a SUDS pond to the south-east
of plot 3, in order to cater for surface water flood risk.   Concerns have been
expressed in letters of representation that developing the site and increasing the
extent of hardstanding may alter/increase downstream flood risk.  The Council's
Structures and Flooding Team (S&F) therefore requested that a Flood Risk
Assessment (FRA) be carried out.  S&F raised a number of queries following
review of the letters of representation and the FRA.   This sought clarity from the
author of the FRA on various matters including input rainfall information and
surface water modelling, amongst other issues.  They also sought clarity on the
design and operation of the proposed SUDS pond.  There was some concern
that the development will exacerbate downstream flood risk, by increasing
impermeable areas.  However, the provision of a suitably designed drainage

Page 11

system should ensure that the development will have a neutral impact on flood
risk in the local area.   S&F sought clarity on the sizing of the system, to account
for additional surface water that enters the site from the NW (as shown by the
FRA).  They also sought confirmation of the proposed 2.4l/s discharge rate, with
submission of the greenfield run-off rate calculations to evidence this. 
65 This further information has been submitted and reviewed by S&F.  The agent
has also provided a basic overland flow route for the post-development situation,
which shows surface water being directed toward the drainage system which
helped to clarify the queries raised by S&F. 
66 The applicant's consultant clarified the approach taken within the FRA, which has
been accepted by S&F and the drainage design is considered acceptable.  This
will ensure that the site will have at least a neutral impact on flood risk in the
wider area, through the attenuation and controlled discharge of surface water
from impermeable areas of the site.  For the avoidance of any doubt a condition
(Condition 10) is recommended to ensure the detailed finalised design of the
SUDS system is submitted for approval. 
67 It is important to note that there are known wider flooding issues in the area.
However, the information submitted by the developer and their consultants
demonstrates that the proposals will have a neutral impact on flood risk.  The
proposal is therefore considered to comply with Policy 53C of the LDP2. 
Foul Drainage 
68 The proposal is to connect the development to the Scottish Water foul drainage
infrastructure which is appropriate and accords with the requirements of Policy
53B of the LDP2.  However, a separate application process to Scottish Water is
required to connect to their assets and a condition (Condition 9) is recommended
to ensure the development connects to the public drainage system.  An
informative is also recommended to make the developer aware of the
requirement for a separate application to Scottish Water. 
Contaminated Land 
69 As mentioned above there was a serious accident where a lorry carrying aviation
fuel crashed causing contamination on the site.  Letters of representation have
raised concern that there is a noticeable amount of Extractable Petroleum
Hydrocarbons (EPH) in flood water, evidenced by an oily film.  This matter has
been discussed within the Council's Contaminated Land Team who have clarified
that SEPA were the lead authority in the clean-up operation following the
accident and have declared that the site is suitable for development and that it
has been decontaminated appropriately.  Investigations were undertaken at the
time and a remedial scheme was designed and implemented to remove/treat the
identified impacted soils and groundwater.  In addition, ground water monitoring
at the site was undertaken up to February 2014.  This has been reviewed and
the Contaminated Land Team are satisfied that the levels of hydrocarbon being
recorded do not present a risk in relation to the development of the land for
residential use.  On that basis it is not considered necessary for a contaminated
land investigation to be carried out on site.

Page 12

Access and Parking 
70 Policy 60B of LDP2 is relevant and requires that new development does not
impact on the road safety of the area.  The National Roads Development Guide
(NRDG) is also considered to be relevant.  This provides detail on parking and
access requirements.  The proposed access arrangements and parking levels
are considered to be acceptable.  Each dwelling is provided with a large parking
and turning area together with garages.  Furthermore, the existing public road
network is capable of accommodating the traffic associated with the
development.  Transport Planning have offered no objection to the application. 
The proposal therefore complies with Policy 60B of the LDP2.   
Developer Contributions 
71 The Council Developer Contributions Supplementary Guidance requires a
financial contribution towards increased primary school capacity in areas where a
primary school capacity constraint has been identified. A capacity constraint is
defined as where a primary school is operating at over 80% and is likely to be
operating following completion of the proposed development, extant planning
permissions and Local Development Plan allocations, at or above 100% of total
capacity. 
72 This proposal is within the catchment of Fossoway Primary School.   Education &
Children's Services have no capacity concerns in this catchment area at this time
and therefore no developer contributions are required. 
Servitude Rights of Access/Impacts on Existing Drainage Systems 
73 Letters of representation raise concern that the development may impact on
existing servitude rights of access.  However, such matters are not a material
planning consideration and rather a private civil matter between the parties
involved.  It should be noted that the granting of planning permission does not
overwrite any existing rights of access or land ownership issues/restrictions
which are apparent on any area of land or access and the applicant has been
made aware of the comments received from neighbours regarding these issues. 
It would be up to the applicant to resolve these issues should they wish to
develop the site.   
Neighbour Notification Process 
74 The neighbour notification and public advertisement process has been
undertaken in accordance with the relevant legislation. 
Economic Impact 
75 The economic impact of the proposal is likely to be minimal and limited to the
construction phase of the development. 
VARIATION OF APPLICATION UNDER SECTION 32A 
76 There have been no variations to the application.

Page 13

PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
77 None. 
CONCLUSION AND REASONS FOR RECOMMENDATION 
78 To conclude, the application must be determined in accordance with the
adopted Development Plan unless material considerations indicate otherwise.
In this respect, the proposal is considered to comply with the approved
TAYplan 2016 and the adopted Local Development Plan 2 (2019).  Account
has been taken account of the relevant material considerations and none has
been found that would justify overriding the adopted Development Plan. 
79 Accordingly, the proposal is recommended for approval subject to the following
conditions. 
RECOMMENDATION   
Approve the application 
Conditions and Reasons for Recommendation 
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. 
Reason - This is a Planning Permission in terms of Section 58 of the Town and
Country Planning (Scotland) Act 1997, as amended by Section 32 of the
Planning (Scotland) Act 2019. 
2. The development hereby approved must be carried out in accordance with the
approved drawings and documents, unless otherwise provided for by conditions
imposed by this decision notice. 
Reason - To ensure the development is carried out in accordance with the
approved drawings and documents. 
3. Prior to the commencement of the development hereby approved, details of the
proposed boundary treatments for the site shall be submitted for the written
agreement of the Council as Planning Authority. The scheme as subsequently
agreed shall be implemented prior to the completion or bringing into use of the
development, whichever is the earlier. 
Reason - In the interests of visual amenity; to ensure a satisfactory standard of
local environmental quality. 
4. Prior to the commencement of the development hereby approved, a detailed
landscaping and planting scheme for the site shall be submitted for the written
agreement of the Council as Planning Authority.  The scheme shall include
details of the height and slopes of any mounding or recontouring of the site, full
details of all hard landscaping proposals including materials and installation
methods and, species, height, size and density of trees and shrubs to be

Page 14

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; to ensure a satisfactory standard of
local environmental quality. 
5. Any planting failing to become established within five years shall be replaced in
the following planting season with others of similar size, species and number to
the satisfaction of the Council as Planning Authority. 
Reason - In the interests of visual amenity; to ensure a satisfactory standard of
local environmental quality. 
6. 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.  Protection measures, once in
place, shall remain in place for the duration of construction. 
Reason - To ensure the protection of all retained trees, in the interests of visual
amenity. 
7. Prior to the commencement of the development hereby approved, a 1:200 site
plan which identifies the Construction Exclusion Zone (CEZ) shall be submitted
for the written agreement of the Council as Planning Authority.  This plan shall
ensure all fencing adheres to BS 5837 2012: Trees in Relation to Design,
Demolition and Construction.  The CEZ as subsequently agreed shall be strictly
adhered to during construction of the development. 
Reason - To ensure the protection of all retained trees, in the interests of visual
amenity. 
8. The dwellinghouses shall be designed and constructed such that at the time of
completion internal noise levels in bedrooms from road traffic noise shall not
exceed LAeq 2300-0700 30dB, with windows open.  Any bedroom where such
a level is not achievable with windows open, sound insulating mechanical
ventilators shall be installed in addition to any acoustic trickle ventilators to be
provided. 
Reason - In the interests of residential amenity; to ensure a satisfactory
standard of local environmental quality. 
9. The foul drainage for the development shall be drained to the public mains
sewerage system.

Page 15

Reason- To ensure appropriate drainage arrangements are installed thereby
ensuring compliance with Policy 53B of the Local Development Plan 2019. 
10. Development shall not commence on site until a detailed sustainable urban
drainage system (SUDS) has been submitted for the further written agreement
of the Council as Planning Authority, in consultation with SEPA where
necessary.  The scheme shall be developed in accordance with the technical
guidance contained in The SUDS Manual (C753) and the Council's Flood Risk
and Flood Risk Assessments Developer Guidance, and shall incorporate
source control and shall be based upon the information submitted and
discussed with PKC Structures and Flooding. All works shall be carried out in
accordance with the agreed scheme and be operational prior to the bringing
into use of the development. 
Reason - To ensure the provision of effective drainage for the site. 
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. 
D INFORMATIVES 
1. 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. 
2. 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/. 
3. 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. 
4. 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. 
5. No work shall be commenced until an application for building warrant has been
submitted and approved.

Page 16

6. The applicant is advised that the granting of planning permission does not
guarantee a connection to Scottish Water’s assets. The applicant must make a
separate application to Scottish Water Planning & Development Services team
for permission to connect to the public wastewater system and/or water network
and all their requirements must be fully adhered to. 
7. Please consult the Street Naming and Numbering Officer, The Environment
Service, Perth and Kinross Council, Pullar House, 35 Kinnoull Street, Perth
PH1 5GD for a new postal address.  The form is downloadable from
www.pkc.gov.uk and should be returned to snn@pkc.gov.uk. 
8. The applicant is advised that 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
Environmental Protection Agency. 
Background Papers:  7 letters of representation
Contact Officer: John Williamson 
Date: 11 November 2022 
DAVID LITTLEJOHN
HEAD OF PLANNING & DEVELOPMENT