Democracy Spraffa

21/00248/Fll

Perth and Kinross Council · 22 February 2023
Back to Planning and Placemaking Committee — 22 February 2023 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 & Placemaking Committee – 22 February 2023
Report of Handling by Head of Planning & Development
(Report No 23/64) 
PROPOSAL: Erection of retail unit (Class 1), formation of access, car parking,
engineering works, landscaping and associated works  
LOCATION: Land west of 4 Pickembere, Pitheavlis, Perth 
Ref. No: 21/00248/FLL
Ward No: P10- Perth City South 
Summary 
This report provides an update on the previously considered planning application for
the erection of a Class 1 Retail Unit, ref 21/00248/FLL, in relation to National
Planning Framework 4 (NPF4).  The Scottish Government published a revised draft
NPF4 in November 2022, this was approved by the Scottish Parliament on 11
January 2023 and subsequently adopted on 13 February 2023.  As a consequence,
its role in decision-making has increased because it has been incorporated as part of
the development plan.  This report updates the committee in relation to the
implication and consideration for the application which was considered at the 1 June
2022 meeting when the Committee was minded to approve the application subject to
the signing of a Section 75 Legal Agreement, to secure developer contributions
(transport infrastructure) and the restriction of class 1 operations from the applicant’s
existing ‘Glasgow Road’ store. 
BACKGROUND AND DESCRIPTION OF PROPOSAL  
1 A decision was taken at the 1 June 2022 meeting of the Planning and
Development Committee to approve the application in line with the
recommendation. The application was therefore minded to grant subject to the
signing of a legal agreement to secure developer contributions and the
restriction of Class 1 operations from the applicants existing store off Glasgow
Road. 
2 This report is to provide and update to position in relation to the adoption of
NPF4. 
APPRAISAL 
3 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 now

Page 2

comprises the National Planning Framework 4 (NPF4) and the Perth and
Kinross Local Development Plan 2019 (LDP2).  The relevant policy
considerations update covered below focuses on NPF4 and how this impacts
on the recommendation, with the remaining considerations as per the previous
report to this Committee (Appendix 1). 
NPF4 
4 The spatial framework in Part 1 focusses on addressing climate change,
nature recovery, inclusive growth, the wellbeing economy, and child poverty.
These aspirations are detailed across three main national planning policy
areas in Part 2, namely: Sustainable, Liveable and Productive Places. 
• Sustainable Places focuses on the transition to net zero through the
creation of nature-positive places that are designed to reduce emissions
and adapt to the impacts of climate change whilst protecting the
environment.
• Liveable Places applies the principles of local living to development
proposals for example homes should be better served by local facilities and
services.
• Productive Places reaffirms the commitment to the Town Centre First
Principle and encouraging investment in the right places. 
5 The proposal has considerations across the three main policy areas covered
in more detail in subsequent sections. 
6 Sustainable Places seeks to tackle the climate and nature crisis. The
applicable policies are Policy 1 Tackling the climate and nature crisis which
supports local living and compact urban growth.  Policy 2 Climate Mitigation
and Adaptation encourages development in sustainable locations. Policy 13
Sustainable Transport promotes development that prioritise walking, wheeling,
cycling and public transport. 
7 It is considered as the development serves a local and expanding retail need
in the west side of Perth it would meet these policies by reducing travel
distances and has been located and designed to encourage sustainable travel
options (i.e. walking, bus and EV). 
8 Liveable Places applies the principle of local living.  The applicable policies are
Policy 14 Design, Quality and Place which supports places that consistently
deliver healthy, pleasant, distinctive, connected, sustainable and adaptable
qualities. And in addition Policy 15 Local Living and 20 Minute
Neighbourhoods which seeks to encourage, promote and facilitate the
application of the Place Principle and create connected and compact
neighbourhoods where people can meet the majority of their daily needs within
a reasonable distance of their home, preferably by walking, wheeling or
cycling or using sustainable transport options. 
9 In these regards the development will improve local living by addressing the
unmet demand/capacity for retail in the area, when there are no suitable
zoned sites.  The proposal therefore provides a supermarket offering meeting

Page 3

the local need and in turn providing opportunity for sustainable transport
modes.   
10 Productive Places supports development which attracts new investment,
builds business confidence, and stimulates GDP, export growth and
entrepreneurship, as well as facilitating future ways of working.  The applicable
policy within this section is Policy 28: Retail, which seeks to encourage,
promote and facilitate retail investment in the most sustainable locations
accessible by a range of sustainable transport modes.  The policy states that
there may be a need for further retail provision, and this should be first in
existing city centres, within edge of centre areas or in commercial centres – if
they are allocated as sites suitable for new retail development.  It further states
that new retail proposals will not be supported in out-of-centre locations, with
some exceptions as stated in part c (i).  This allows for proposals for new
small scale neighbourhood retail development that contribute to local living
(including where relevant 20-minute neighbourhoods), and/or, c (ii) contribute
to the health and wellbeing of the local community. 
11 In this case, as fully assessed previously, there are no suitable city centre
sites and the LDP has no allocated retail sites which are available or would be
suitable for supermarket development.  LDP3 will consider this issue through
the development plan process. In relation to the application before us it is
considered that a supermarket of this scale, which would not result in a
significant increase in overall floor area (711m2) out-of-centre, with the
existing use to be extinguished – as discussed in the Planning and Retail
Statement. Its location within an underserved part of the city would contribute
to local living.  Particularly the local community would be able to access the
premises by a range of sustainable transport modes, supporting the concept of
20-minute neighbourhoods.  It is however appreciated that there will be an
element of wider draw to the facility. 
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
12 The applicant will still be required to enter into a legal agreement in order to
secure the necessary contributions towards transport infrastructure and
ceasing of retail use at the Glasgow Road store.  This process is currently
ongoing, although with the adoption of NPF4 into the development plan, it was
considered necessary to provide an update in this regard and to explain why it
is considered that the application complies with the terms of NPF4 in light of
the likelihood of the decision being issued the adoption of NPF4. 
CONCLUSION 
13 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 contrary to LDP2 Policy 7 in that it
would lead to a loss of employment land, but a justification has been provided
for the retail need in the area in accordance with Policy 13.  In addition, the
recommendation is considered to comply with NPF4 Polices 1, 2, 13, 14, 15
and 28.

Page 4

Background Papers:  Previous Planning and Placemaking Committee Report dated
1 June 2022 (Appendix 1)
Contact Officer:  Joanne Ferguson 
Date: 10 February 2023 
DAVID LITTLEJOHN
HEAD OF PLANNING & DEVELOPMENT