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23/00115/Fll

Perth and Kinross Council · 19 April 2023
Back to Planning and Placemaking Committee — 19 April 2023 and its agenda

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Perth and Kinross Council
Planning and Placemaking Committee – 19 April 2023
Report of Handling by Head of Planning & Development
(Report No. 23/110) 
PROPOSAL: Formation of forestry track 
LOCATION: Auchingarrich Forest, Comrie 
Ref. No: 23/00115/FLL 
Ward No: P6 – Strathearn 
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 Auchingarrich Forest is situated 3.5 kilometres to the southeast of Comrie.  This
application is seeking detailed planning permission for the formation of a
realigned section of a previously approved forestry track.  The area subject to
this application is the upper section of the track, which passes through
agricultural land and then into the forest area itself.  The track is required to
facilitate timber harvesting and longer-term maintenance and restocking of the
forest.   
2 As mentioned, planning permission (ref: 22/00894/FLL) was previously granted
for the formation of a longer length of forestry track and associated junction with
the public road, rising upwards in a southerly direction from the U198 public road
(known as the ‘Glascorrie Road’), through the agricultural land and into the
forest.  The previously approved access junction onto the Glascorrie Road and
the section of track running south from it, have already been formed as approved
by that earlier planning permission.   
3 The final section of the previously approved track has however not been
constructed, although there is no planning barrier to doing so.  However, it has
emerged that the route of that section could have a negative impact on a private
water supply intake.  In addition, archaeological investigations have found a
bracken covered mound of possible historic interest on the approved route. 
Given these issues, the applicant seeks to revise the routing of the final part of
the previously approved track, to mitigate the potential impact on the private
water supply and avoid disturbance of an archaeological asset.

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4 This application proposes to reroute the southern end of the previously approved
track, such that it passes 50 metres downslope of the private water supply intake
and avoids the mound.  The design includes culverts and side drains to mitigate
surface water impacts; whilst a passing place is also included, with other passing
places on the previously approved and now constructed track to the north. 
5 The southern end of the proposed track would link with forestry tracks within the
forest.  There have been two recent prior notifications for the formation of
forestry tracks (refs: 22/00895/PNF and 23/00138/PNF) which determined that
those tracks are permitted development. 
6 Vehicle gates will be installed where the track crosses existing fence lines; these
gates do not form part of the application and appear to also be permitted
development. 
Pre-Application Consultation  
7 The proposed development is not classed as a Major development in terms of
the Town and Country Planning (Hierarchy of Developments) (Scotland)
Regulations 2009; therefore, the applicant was not required to undertake any
formal pre-application consultation with the local community.  However, it is
understood that there has been informal engagement between the applicant and
interested parties. 
DEVELOPMENT PLAN 
8 The Development Plan for the area comprises National Planning Framework 4
(NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2). 
National Planning Framework 4 
9 The National Planning Framework 4 (NPF4) is the Scottish Government’s long-
term spatial strategy with a comprehensive set of national planning policies. 
This strategy sets out how to improve people’s lives by making sustainable,
liveable and productive spaces.   
10 NPF4 was adopted on 13 February 2023. NPF4 has an increased status over
previous NPFs and comprises part of the statutory development plan. 
11 The Council’s assessment of this application has considered the following
policies of NPF4: 
• Policy 4: Natural Places
• Policy 6: Forestry, Woodland and Trees
• Policy 7: Historic Assets and Places 
• Policy 22: Flood Risk and Water Management
•

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Perth and Kinross Local Development Plan 2 
12 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. 
13 The principal relevant policies are, in summary: 
• Policy 1A: Placemaking
• Policy 1B: Placemaking
• Policy 15: Public Access
• Policy 26B: Scheduled Monuments and Archaeology: Archaeology
• Policy 39: Landscape
• Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy
• Policy 53A: Water Environment
• Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
NATIONAL POLICY AND GUIDANCE 
14 The Scottish Government expresses its planning policies through The National
Planning Framework, Planning Advice Notes, Creating Places, Designing
Streets, National Roads Development Guide and a series of Circulars.   
Planning Advice Notes 
15 The following Scottish Government Planning Advice Notes (PANs) and Guidance
Documents are of relevance to the proposal: 
• PAN 40 Development Management 
SITE HISTORY 
16 22/00894/FLL  Detailed planning permission was approved on 28 July 2022 for
the formation of a forestry track and associated access junction onto the
Glascorrie Road. 
17 22/00895/PNF  A prior notification submission saw Perth and Kinross Council
confirm on 20 June 2022 that prior approval was not required and that the
proposed alterations and formation of forestry tracks, alongside other associated
works were permitted development. 
18 23/00138/PNF  A further prior notification submission also saw PKC confirm on
2 March 2023 that prior approval for the formation of a forestry track was not
required and that the proposed works were permitted development.

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CONSULTATIONS 
19 As part of the planning application process the following bodies were consulted: 
External 
Comrie Community Council 
20  The following concerns were raised about this application: 
• Impacts of forestry vehicles on public roads
• Inadequate passing places on the U198 Glascorrie Road
• Impacts on private water supplies 
These issues are addressed in the Appraisal section of the report. 
21 The following matters were also set out in Comrie Community Council’s
response, but are not material considerations in the assessment of this planning
application: 
• Local residents and the wider community were not notified about the previous
planning application (ref: 22/00894/FLL).  In response: the notification
process for the previous application was followed correctly.  As there were
no properties within 20 metres of the boundary of the application site,
neighbour notification letters did not need to be sent; an advert was placed in
a local newspaper; and the application was included on the weekly list of
applications, which is sent to Community Councils.
• Hours of working within the forest.  In response: as this application relates to
the formation of a section of forestry track on land outwith the forest, it is not
possible to restrict the hours of timber felling or any other timber operations
via this application.
• The days and times that forestry vehicles will use the public road.  In
response: it is not possible to restrict the times of vehicle movements on
public roads that are outwith the boundary of the application site. 
Perth and Kinross Heritage Trust 
22 No objection, though advise that archaeological investigations were undertaken
in relation to permission 22/00894/FLL and no further investigation or mitigation
is required. 
Internal 
Environmental Health (Private Water) 
23 No objection subject to a condition relating to the safeguarding and continued
operation of the private water supply.  An informative note relating to wayleaves
for maintenance and repair of the existing private water supply is recommended.

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Transportation And Development 
24 No objection subject to a condition requiring a Construction Traffic Management
Scheme (CTMS) to be submitted, approved and implemented. 
REPRESENTATIONS 
25 One representation was received, raising the following main issues: 
• Inadequate passing places on the public road
• Impact on private water supplies 
These issues are addressed in the Appraisal section of the report. 
26 The following matters were also set out in the representation, but are not material
considerations in the assessment of this planning application: 
• Concerns relating to a Timber Transport Management Plan (TTMP).  This
TTMP is an agreement between timber hauliers and local authority roads
departments, including Perth & Kinross, and relates to the use of the public
road network by timber haulage vehicles.  It is not a material consideration in
the assessment of this planning application.  Importantly this application only
relates to the realignment of a section of a previously approved track, with the
access onto the public road already having seen planning permission
approved and been constructed. 
• Within the concerns raised about the TTMP, it is suggested that there should
be a restriction on the working hours of all operations and not just on haulage. 
As this application relates to the formation of a section of forestry track on
land outwith the forest, it is not possible to restrict the hours of timber felling
or any other timber operations via this application. 
ADDITIONAL STATEMENTS 
27
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment under Habitats
Regulations
Habitats Regulations
Appropriate Assessment - Not
Required
Design Statement or Design and Access
Statement
Not Required
Report on Impact or Potential Impact e.g.
Flood Risk Assessment
Not Required

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APPRAISAL 
28 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 Development Plan comprises NPF4 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.   
Principle 
29 The formation of a track to allow forest management and timber extraction is
considered to be acceptable in principle, indeed a larger section of track and
associated junction has previously been granted planning permission with this
application only seeking an alternative routing for a section of that approved
track.  However, consideration must be given to the design and layout of the
alternative routing of the track and whether it would have any impacts on the
wider area. 
30 Assessment of the proposal against the relevant policies is provided below. 
Design, Layout and Visual Amenity 
31 The proposed section of rerouted track is to be formed to Forestry and Land
Scotland standards for forest roads.  A ‘cut and fill’ technique will be used and
topsoil spread to the sides, which is expected to revegetate, with turfs placed on
cuttings where possible.  The track will be surfaced with materials sourced on
site.  Overall, the rerouted section of track will be 268 metres in length, with a
running width of 4m, with a maximum width of up to 10 metres when including
side drains and a passing place.   
32 The design of the track and the materials to be used are in line with expected
standards, and appropriate for and respectful of, the character of this rural area. 
As such, the proposal is in considered to accord with Policies 1A and 1B of
LDP2. 
Landscape 
33 The site is within the Upper Strathearn Local Landscape Area.  In this regard
given the design and layout of the proposed track; the area of land to be
developed; and the revegetation along its sides, the works are not unusual
features nor would have an unacceptable or significant adverse impact on the
Local Landscape Area and, as such, the proposal is considered to accord with
Policy 4(d) of NPF4 and Policy 39 of LDP2.

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Archaeology 
34 As the wider area is of known archaeological interest, an archaeological survey
was undertaken via the previous planning permission (ref: 22/00894/FLL).  This
has seen the track proposed is routed to avoid a mound which is of possible
archaeological interest.  In their consultation response, Perth and Kinross
Heritage Trust has advised that the rerouted track in itself does not raise any
significant issues and no archaeological mitigation is required. 
35 Given the above, the proposal is considered to be in accordance with Policy 7(o)
of NPF4 and Policy 26B of LDP2. 
Forestry 
36 The proposed track will facilitate the management of the forest, including allowing
timber to be harvested and future restocking.  As such, the proposal complies
with Policy 6(a) of NPF4 and Policy 40A of LDP2. 
Roads and Access 
37 The Council’s Transportation and Development team was consulted and has no
objection. 
38 However, during construction, it is appropriate to have a Construction Traffic
Management Scheme (CTMS) in place to mitigate any road safety issues.  It is
recommended that a condition relating to this be added to any planning
permission (condition 3), and which echoes the condition attached to the
previous permission granted.  This CTMS will of course relate only to the
construction vehicle movements associated with the construction of the rerouted
track. It cannot cover any wider development or activity beyond the construction
of the development under consideration here. 
39 The proposed section of rerouted track includes a passing place which, along
with other passing places, turning areas within the forest and remaining section
of previously approved track, will allow for the safe passage of vehicles, including
at the junction with the public road.  A condition requiring details of the precise
location and detailing of the passing place is recommended (condition 6). 
40 The access from the public road has been formed as part of the previous
planning permission (ref: 22/00894/FLL) and passing places have been formed
on the Glascorrie Road (public road U198). 
41 Given the above, the proposal is considered in accordance with Policy 60B of
LDP2.

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Private Water Supply 
42 Following the approval of the previous planning application (ref: 22/00894/FLL),
the applicant held a meeting with local residents.  At this meeting the applicant
was advised of the presence of a previously unknown private water supply intake
close to a section of the by-then approved track.  This intake does not appear on
the Council’s mapping system.  The route of the proposed track has seen the
routing chosen such that it is to be 50 metres downslope of the private water
supply intake.  This will ensure that there are no significant impacts on the
quantity or quality of the water feeding the private water supply. 
43 Although the proposed track will cross a pipe running from the intake to
residential properties, the applicant has provided details setting out the protection
measures associated to the works to the pipe during the construction of the track
and measures to be in place should there be unanticipated/accidental damage.   
44 Environmental Health (Private Water) colleagues were consulted on the
application and raised no objection to the proposal.  Initially, a condition was
recommended relating to the safeguarding and continued operation of the private
water supply.  Following the consultation response, which was made available to
the public on the Council’s website, the applicant provided a risk assessment and
method statement in this regard (drawings 09 and 10).  Environmental Health
(Private Water) subsequently advised that the risk assessment and method
statement is sufficient to satisfy the first part of the condition as originally
proposed.  As such, a revised condition is recommended to ensure that the
proposed measures to protect the private water supply are put in place, to ensure
water quality and supply is maintained in the interests of residential amenity
(condition 4).  An informative note relating to wayleaves for maintenance and
repair of the existing private water supply is also recommended.  Given the
above, the proposal is considered to be in accordance with Policy 53A of LDP2. 
Drainage and Flooding 
45 The proposal includes the installation of side drains and culverts to deal with
surface water.  These will be installed to Forestry and Land Scotland’s standard
specification and are considered to be appropriate for the scale and type of
development proposed.  As such, the proposal is considered to be in
accordance with Policy 22(c) of NPF4. 
Core Path 
46 The southern end of the proposed track crosses a core path (ref: CMRI/104). 
Given the limited scale and nature of the proposed works, it is considered that
the proposal will not have an unreasonable impact on the core path, provided
temporary diversion of the core path during the construction of the track is
provided.  A condition to require a management plan to be place for the duration
of construction works is recommended (condition 5).  Accordingly, the proposal
is considered to be in accordance with Policy 15 of LDP2.

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Developer Contributions 
47 The Developer Contributions Guidance is not applicable to this type of
development and therefore no contributions are required. 
Economic Impact 
48 There are expected to be some economic benefits during the construction phase
of the development and after the track is brought into use for forest management
and timber extraction. 
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
49 None required. 
DIRECTION BY SCOTTISH MINISTERS 
50 Under the Town and Country Planning (Development Management Procedure)
(Scotland) Regulations 2013, regulations 30 – 33 there have been no directions
by the Scottish Government in respect of an Environmental Impact Assessment
screening opinion, call in or notification relating to this application. 
CONCLUSION AND REASONS FOR RECOMMENDATION 
51 To conclude, the application must be determined in accordance with the
Development Plan unless material considerations indicate otherwise.  In this
respect, the proposal is considered to comply with NPF4, and the adopted Local
Development Plan 2 (2019).  Account has been taken of the relevant material
considerations and nothing has been found that would justify overriding the
Development Plan. 
52 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 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.

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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, 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 (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;
(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 CTMS as approved shall be strictly adhered to during the entire site
construction programme. 
Reason - In the interests of pedestrian and traffic safety.

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4. The measures contained in approved drawings 09 and 10 for the proposed
safeguarding and continued operation, or replacement, of the private water
sources, private water supply storage facilities and private water supply pipes
serving properties in the vicinity, sited within and running through the application
site, shall be put in place prior to the commencement of the development and
shall thereafter be so maintained insofar as it relates to the development hereby
approved. 
Reason - To ensure existing water and drainage infrastructures are not
compromised. 
5. Prior to the commencement of the development hereby approved, a
management plan indicating any temporary diversions and signage needed to
facilitate the development and/or any works proposed to the right of way/core
path as part of the development shall be submitted for the written agreement of
the Council as Planning Authority.  The plan as agreed shall be implemented in
accordance with the timings identified in the plan. 
Reason - To ensure continued public access to the public paths and in the
interests of public safety within the site. 
6. Prior to the commencement of the development hereby approved, details of the
passing place to be formed on the track, including its width and precise location,
shall be submitted for the written agreement of 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 - To ensure a satisfactory standard of development and environmental
quality and to reserve the rights of the Planning Authority. 
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 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 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. 
4. 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. 
Background Papers:  1 letter of representation
Contact Officer:  David Rennie
Date: 6 April 2023 
DAVID LITTLEJOHN
HEAD OF PLANNING & DEVELOPMENT