Minute of meeting of 22 March 2023
Perth and Kinross Council · 19 April 2023
Back to Planning and Placemaking Committee — 19 April 2023 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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PLANNING AND PLACEMAKING COMMITTEE Minute of hybrid meeting of the Planning and Placemaking Committee held in the Council Chambers, 2 High Street, Perth, on Wednesday 22 March 2023 at 9:30am. Present: Councillors I Massie and G Stewart, Bailies C McLaren and M Williamson, Councillors H Anderson, B Brawn, D Cuthbert, D Illingworth, I James, B Leishman, I MacPherson (Substituting for Councillor E Drysdale), S McCole (Substituting for Councillor R Watters) and C Reid. In Attendance: L MacLean, S Panton, L Reid, K Smith, and P Williamson (all Communities); A Brown, C Elliott, J Guild and M Pasternak (all Corporate and Democratic Services). Apologies: Councillors E Drysdale and 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 Councillor B Brawn declared a non-financial interest in Items 5(2)(iii) 22/01242/FLL and 5(2)(iv) 22/0124/CON. 3. MINUTES The minute of meeting of the Planning and Placemaking Committee of 22 February 2023, be approved. 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. 22/00060/AMM 5(1)(i) 22/01307/FLL 5(2)(i) 22/01242/FLL 5(2)(iii) 22/01243/CON 5(2)(iv) 5. APPLICATIONS FOR DETERMINATION (1) Major Applications (i) 22/00060/AMM – Erection of 71 dwellinghouses and 32 flats (approval of matters specified in conditions 17/00939/IPL) (Phases 1B and 2A – MU5), land 200 metres west of REVISED
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Blairgowrie and Rattray Cottage Hospital, Perth Road, Blairgowrie Following the non-attendance of two deputations, the Committee proceeded to determine the application. Motion (Councillors D Cuthbert and B Brawn) Refuse, as the proposal is contrary to Perth and Kinross Local Development Plan 2 (2019) Policy 20: Affordable Housing, on the basis that the affordable housing within the proposal does not integrate with and is distinguishable from, the market housing. Amendment (Councillor I James and Bailie M Williamson) Grant, subject to the following conditions, terms and informatives: Conditions 1. The development hereby permitted shall be commenced no later than the expiration of two years from the date of this consent or from the date of subsequent approval of matters specified in conditions, or three years from the date of planning permission in principle, whichever is the later. 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. Surface Water 3. Concurrent with the initiation of the development hereby approved and for the duration of construction, a temporary surface water treatment facility which accords with Sustainable Urban Drainage System principles shall be implemented for the site and maintained for the duration of the approved development works. The temporary surface water treatment facility shall remain in place until the permanent surface water drainage scheme is implemented. Reason: To ensure the appropriate management of construction surface water run-off to minimise flooding and avoid discharge of sediment/pollution to the local water environment or neighbouring property, in the interests of residential and environmental amenity.
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Archaeology 4. 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: The site lies adjacent to areas of archaeological significance. Roads and Access 5. Prior to the commencement of the development hereby approved, the developer shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority, details and specifications for a new signalised controlled pedestrian crossing to be provided on Essendy Road. Said signalised controlled pedestrian crossing shall be installed and operational prior to occupation of the first dwellinghouse within Phase 2A. Reason: In the interests of road safety 6. Prior to the commencement of the development hereby approved, the developer shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority, details and specifications for a new shared use active travel route to provide a link to Westpark Road. Said active travel route shall be constructed prior to occupation of the first dwellinghouse within Phase 2A. Reason: in the interests of sustainable transport. 7. Prior to the commencement of the development hereby approved, the developer shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority, details and specifications for junction improvements between the A93 and Essendy Road. Said junction improvements works shall be constructed prior to occupation of the first dwellinghouse within Phase 1B. Reason: In the interests of road safety 8. Prior to the commencement of the development hereby approved, the developer shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority, details and
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specifications for provision of a 0.5 metre hard verge and kerbing along Essendy Road. Said hard verge and kerbing shall be provided between the development and the A93 and constructed prior to occupation of the first dwellinghouse within Phase 1. Reason: In the interests of road safety 9. Prior to the commencement of the development hereby approved, the developer shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: a. restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; b. timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; c. a code of conduct for HGV drivers to allow for queuing traffic to pass; d. arrangements for liaison with the Roads Authority regarding winter maintenance; e. emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; f. arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; g. arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; h. arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; i. details of information signs to inform other road users of construction traffic; j. arrangements to ensure that access for emergency service vehicles are not impeded; k. co-ordination with other significant developments known to use roads affected by construction traffic; l. traffic arrangements in the immediate vicinity of temporary construction compounds; m. 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
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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 interests of road safety Environmental Impact and Biodiversity 10. Prior to the commencement of development hereby approved, a scheme shall be submitted to, and approved in writing by, the Council as Planning Authority that demonstrates how at least 10% of the current carbon emissions reduction set by the Scottish Buildings Standards will be met through the installation and operation of low and zero-carbon technologies. This scheme shall detail for each building: a. the technology types; b. illustrate, through technical calculations, that these will meet at least the 10% reduction; c. their siting and location; and d. ongoing operation and maintenance. Once approved, the development shall be completed in accordance with the approved scheme and no individual unit shall be occupied until the scheme has been installed and operating. Reason: To embed low and zero-carbon technologies within the development in the interest of environmental sustainability. 11. Prior to the commencement of development of each phase a Construction Environmental Management Plan (CEMP) must be submitted for the approval of the Planning Authority. The measures outlined in the agreed CEMP shall be adhered to at all times during the construction period. Reason: In the interests of protecting environmental quality and of biodiversity. 12. All existing trees and hedgerows shown to be retained shall be protected by suitable fencing in accordance with BS5837:2012 (Trees in Relation to Construction). No materials, supplies, plant, machinery, soil heaps, changes in ground levels or construction activities shall be permitted within the protected areas without the written agreement of the Council as Planning Authority. Reason: To ensure adequate protection for the trees on the site during the construction, in the interests of the visual amenity of the area. 13. 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
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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. Residential Amenity 14. Prior to the commencement of development a noise assessment shall be submitted to demonstrate acceptable internal noise levels of 35 dB within all dwellings taking into account any acoustic mitigation proposed. Reason: In the interests of residential amenity. 15. Prior to the commencement of the development hereby approved, details of the specification and colour of the proposed external finishing materials to be used shall be submitted to and agreed in writing by the Council as Planning Authority. 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 residential amenity; to ensure a satisfactory standard of local environmental quality. Core Path 16. Prior to the commencement of development, a scheme for the technical details, delivery phasing and signage needed for the diversion of Core Path BLAI/29 and for the future maintenance of the path within the site shall be submitted to, and approved in writing by, the Council as Planning Authority. This scheme shall also ensure that all existing rights of way, core paths within or adjacent to the completed development shall at all times be protected and remain operational during the construction phases. The scheme shall thereafter be implemented in full accordance with the approved details. Reason: In the interest of sustainable transportation being maintained. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position.
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3. 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. 4. 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. 5. 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. 6. 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. 7. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency. 8. No work shall be commenced until an application for building warrant has been submitted and approved. 9. 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. 10. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended.
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The variations incorporate changes to the dwellinghouses and junction layouts. 11. Application for a new postal address should be made via the Street Naming and Numbering page on the Perth & Kinross Council website at www.pkc.gov.uk/snn. Please note there is a charge for this service and submission cannot be made until the relevant Building Warrant has been approved. 12. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk 13. 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. 14. 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. 15. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are severe for non-compliance. 16. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended (Section 1), it is an offence to remove, damage or destroy the nest of any wild bird while that nest is in use of being built. Planning permission for a development does not provide a defence against prosecution under this Act. 17. The applicant is advised that technical approval will be required for all street lighting apparatus within adoptable areas and should contact the Street Lighting Partnership to obtain technical approval prior to the submission of a Road Construction Consent application.
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18. The stopping up or diversion of the Core Path BLAI/29 is subject to agreement under Section 208 of the Town and Country Planning (Scotland) Act 1997 (as amended). All relevant approvals in this regard should be in place prior to any stopping up and diversion taking place. In terms of Standing Order 21.5, a roll call vote was taken. 2 members voted in accordance with the Motion as follows: Councillors B Brawn and D Cuthbert. 11 members voted in accordance with the Amendment as follows: Councillors H Anderson, D Illingworth, I James, B Leishman, I MacPherson, I Massie, S McCole, Bailie C McLaren, Councillors C Reid, G Stewart and Bailie M Williamson. Resolved: In accordance with the Amendment. (2) Local Applications (i) 22/01307/FLL – Erection of 28 dwellinghouses and a garage (revised design), site north of Hall Road, Guildtown Councillor Jack Welch, objector to the application, Mr Graeme Penny, objector and supporter of the application, followed by Mr John Stephen, on behalf of the applicant, addressed the Committee and answered Members’ questions. Motion (Councillors B Brawn and D Illingworth) Grant, subject to the following conditions, terms and informatives: Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason: This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason: To ensure the development is carried out in accordance with the approved drawings and documents. 3. Prior to the commencement of the development hereby approved, details of the proposed boundary treatments
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for the site shall be submitted to and approved in writing by the Council as Planning Authority. The scheme as subsequently agreed shall be implemented as the development progresses. Reason: In the interest of protecting residential and visual amenity. 4. Prior to the commencement of the development hereby approved, a detailed landscaping and planting scheme (particularly the eastern boundary) 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 (which should be native), 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 implementation of the proposed planting scheme. 5. Prior to the completion or occupation of the development hereby approved, whichever is the earlier, hedgehog highways shall be created by providing access gaps in wooden fences on each plot at least 13cm x 13cm at ground level, to allow for the free movement of hedgehogs. Reason: In the interest of promoting bio-diversity. 6. At least 25% of the two storey dwellings shall include bat and swift boxes/bricks, which shall be installed and sited in line with guidance offered by the Scottish Wildlife Trust. Thereafter, they should be maintained in a usable condition. Reason: In the interest of promoting bio- diversity. Prior to the commencement of the development hereby approved, a statement 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 shall be submitted to and approved in writing by the Council as Planning Authority. The approved statement shall thereafter be implemented in full. Reason: In order to comply with Policy 32 of the adopted Perth and Kinross Local Development Plan 2 (2019).
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Procedural Notes The decision notice shall not be issued until such time as the required Developer Contributions, and agreement on use of Affordable Housing Credits have been settled/secured. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 23(1) of that Act, which may result in enforcement action being taken. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. 3. No work shall be commenced until an application for building warrant has been submitted and approved. 4. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate the changes to plots changes to Plots 6, 7, 8, 9, 11, 12, 14 and 91. Amendment (Councillor H Anderson) Refuse, on the basis that the number of dwellings sought is excessive and that too many two storey dwellings are proposed. In line with Standing Order 18.3, as no seconder to the amendment was forthcoming, the amendment subsequently fell. Resolved: In accordance with the Motion. THE COMMITTEE ADJOURNED FOR A 10 MINUTE RECESS AT THIS POINT (ii) 22/01905/FLL – Change of use from residential flat to short term let accommodation unit, Flat 1, Merlin House, Perth Road, Birnam, Dunkeld PH8 0AA Motion (Councillor I James and Bailie C McLaren) Refuse, as the proposal is contrary to Perth and Kinross Local Development Plan 2 (2019) Policy 17: Residential Areas, on the basis that operation as a Short Term Let would have an adverse impact on neighbouring properties.
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Amendment (Bailie M Williamson and Councillor I Massie) Grant, subject to the conditions, terms and informatives contained in Report (23/92), and an additional condition that the permission be granted for a temporary period of three years only to allow consideration of Council Policy on Short Term Let Control Zones. In terms of Standing Order 21.5, a roll call vote was taken. 8 members voted in accordance with the Motion as follows: Councillors B Brawn, D Cuthbert, I James, B Leishman, I MacPherson, S McCole, Bailie C McLaren and Councillor C Reid. 5 members voted in accordance with the Amendment as follows: Councillors H Anderson, D Illingworth, I Massie, G Stewart and Bailie M Williamson. Resolved: In accordance with the Motion. HAVING DECLARED AN INTEREST IN THE FOLLOWING ITEMS, COUNCILLOR B BRAWN LEFT THE CHAMBER AT THIS POINT. (iii) 22/01242/FLL – Change of use, alterations and extension to shop to form 4 flats, 29 Reform Street, Blairgowrie PH10 6AZ Ms Susan Wallace and Ms Adele Smith, supported by Ms Adeline Cassey, objectors, followed by Mr David Brash, applicant, supported by Mr Ian MacGregor, agent, addressed the Committee and answered Members’ questions. Motion (Bailie M Williamson and Councillor D Illingworth) Grant, subject to the following conditions, terms and informatives: Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason: This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice.
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Reason: To ensure the development is carried out in accordance with the approved drawings and documents. 3. Development shall not commence until the developer has secured an archaeological standing building survey, to be carried out by an independent and suitably qualified archaeological organisation. The scope of the archaeological standing building survey will be set by the Council as Planning Authority in consultation with Perth and Kinross Heritage Trust. 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. Copies of the resulting survey shall be deposited in the National Monuments Records for Scotland and in the Perth and Kinross Historic Environment Record upon completion of the survey. Reason: To ensure an appropriate archaeological standing building survey is carried out and the resulting survey is recorded properly. 4. All original external materials to be removed from the building shall be assessed individually by hand to determine their condition and suitability for re-use. Once assessed, details shall be forwarded to the Planning Authority confirming their condition and potential for future re-use in advance of any demolition work. Reason: In order to protect the traditional character and appearance of the Conservation Area and in the interests of sustainability. 5. Prior to the commencement of the development hereby approved, details of the specification and colour of the proposed external finishing materials to be used in any new build works or areas subject to repair or reinstatement, 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. 6. Prior to the commencement of the development hereby approved, full details of the existing and proposed, form proportion, construction, opening method and finishes of all new or replacement window units shall be submitted to and agreed in writing by the Council as Planning Authority. The fenestration; 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 and
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protect the character of the surrounding Conservation Area. 7. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document(s) bat survey report 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. 8. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, four swift boxes and a triple sparrow terrace nest box shall be provided on the completed building. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. Reason: In the interests of protecting environmental quality and of biodiversity. 9. Prior to commencement of any development on site, a detailed design for the proposed secure cycle parking facility for a minimum of 8 cycles shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. 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 occupation of the first flat. Reason: To encourage active travel and meet advice within Scottish Planning Policy on transport. 10. No part of the development shall be occupied until a Residential Travel Plan (RTP), aimed to encourage more sustainable means of travel, has been submitted and approved in writing by the Council. The RTP 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. 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 (TMS) taking cognisance of the one way street on Union Street, 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;
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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. arrangements to ensure that access for emergency service vehicles are not impeded; and d. 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 and free traffic flow. Informatives 1. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. 3. No work shall be commenced until an application for building warrant has been submitted and approved. 4. 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. 5. 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. 6. Application for a new postal address should be made via the Street Naming and Numbering page on the Perth & Kinross Council website at www.pkc.gov.uk/snn. Please note there is a charge for this service and submission cannot be made until the relevant Building Warrant has been approved. 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
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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. 8. 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. 9. The applicants 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. 10. 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. 11. Please remember that the granting of planning permission, listed building consent or other associated consent by the Planning Authority does not affect the responsibility of the developer to ensure all other necessary permissions, consents and approvals are in place prior to commencement of works. Developers should also ensure appropriate accommodations are made in respect of services and third party infrastructure and may wish to check proposals against the information held at https://www.linesearchbeforeudig.co.uk/. Amendment (Councillor I James and Bailie C McLaren) Refuse, as the proposal is contrary Perth and Kinross Local Development Plan 2 (2019) Policy 60B(c): Transport Standards and Accessibility Requirements; New Development Proposals, due to a lack of allocated parking being incorporated within the proposal. In terms of Standing Order 21.5, a roll call vote was taken. 9 members voted in accordance with the Motion as follows: Councillors H Anderson, D Cuthbert, D Illingworth, B Leishman, I MacPherson, I Massie, S McCole, G Stewart and Bailie M Williamson.
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3 members voted in accordance with the Amendment as follows: Councillor I James, Bailie C McLaren and Councillor C Reid. Resolved: In accordance with the Motion. (iv) 22/01243/CON – Part demolition of building, 29 Reform Street, Blairgowrie PH10 6AZ Ms Susan Wallace and Ms Adele Smith, supported by Ms Adeline Cassey, objectors, followed by Mr David Brash, applicant, supported by Mr Ian MacGregor, agent, addressed the Committee and answered 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. Development shall not commence until the developer has secured an archaeological standing building survey, to be carried out by an independent and suitably qualified archaeological organisation. The scope of the archaeological standing building survey will be set by the Council as Planning Authority in consultation with Perth and Kinross Heritage Trust. 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. Copies of the resulting survey shall be deposited in the National Monuments Records for Scotland and in the Perth and Kinross Historic Environment Record upon completion of the survey. Reason: To ensure an appropriate archaeological standing building survey is carried out and the resulting survey is recorded properly. 3. All original external materials to be removed from the building shall be assessed individually by hand to determine their condition and suitability for re-use. Once assessed, details shall be forwarded to the Planning Authority confirming their condition and potential for future re-use in advance of any demolition work.
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Reason: In order to protect the traditional character and appearance of the Conservation Area and in the interests of sustainability. 4. Prior to the commencement of the development hereby approved, details of the specification and colour of the proposed external finishing materials to be used in any new build works or areas subject to repair or reinstatement, 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. 5. Prior to the commencement of any work at the site, a Demolition Management Plan (DMP) shall be submitted to and approved in writing by the Council as Planning Authority. The DMP shall include details and phases of the demolition works, anticipated dates and timings, method for disposal, re-use and transfer of waste any associated road closures required. The DMP, as approved in writing, shall be strictly adhered to for the duration of the construction phase of the development. Reason: In the interests of residential amenity and free traffic flow; to ensure the demolition phase is carefully managed. Informatives 1. This Conservation Area Consent will last only for three years from the date of this decision notice, unless the development has been started within that period (see Section 16 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, as amended by Section 20 of the Planning etc (Scotland) Act 2006). 2. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken. 3. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the Planning Authority written notice of that position. 4. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can
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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. 5. No work shall be commenced until an application for building warrant has been submitted and approved. 6. 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. 6. PROPOSAL OF APPLICATION NOTICES (PAN) (i) 22/00023/PAN – Residential development, extension to hotel, erection of hotel accommodation units, timeshare and fractional ownership accommodation units, café, spa and leisure facility, formation of camping grounds including camping pods, outdoor sports grounds, relocation of greenkeeping buildings, formation of central delivery hub, photovoltaic sites and associated access, drainage and landscaping works (in principle), Murrayshall House Hotel, Murrayshall, Perth PH2 7PH Bailie McLaren requested that due consideration be given to the local community and their current use of the area for leisure activities, ensuring that this is not constrained in future, and that they are consulted throughout the process. The contents of the Head of Planning & Development’s Report were noted. (ii) 22/00024/PAN – Extension to hotel, erection of hotel accommodation units, timeshare and fractional ownership accommodation units, café, spa and leisure facility, formation of camping grounds including camping pods, outdoor sports grounds, relocation of greenkeeping buildings, formation of central delivery hub, photovoltaic sites and associated access, drainage and landscaping works (in principle), Murrayshall House Hotel, Murrayshall, Perth PH2 7PH Bailie McLaren requested that due consideration be given to the local community and their current use of the area for leisure activities,
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ensuring that this is not constrained in future, and that they are consulted throughout the process. The contents of the Head of Planning & Development’s Report were noted.