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Agenda Document Pack - Planning and Placemaking Committee - 19/04/2023

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

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Page 1

Securing the future… • Improving services 
• Enhancing quality of life • Making the best use of public
resources 
Council Building
2 High Street
Perth
PH1 5PH 
06/04/2023 
A hybrid meeting of the Planning and Placemaking Committee will be held in the
Council Chamber on Wednesday, 19 April 2023 at 09:30. 
If you have any queries please contact Committee Services on (01738) 475000 or
email Committee@pkc.gov.uk. 
THOMAS GLEN
Chief Executive 
Those attending the meeting are requested to ensure that all notifications are
silent on their device and other devices are in silent mode. 
Please note that the meeting will be broadcast online and recorded.  The
recording will be publicly available on the Council’s website following the
meeting. 
Members:
Councillor Ian Massie  (Convener)
Councillor Grant Stewart  (Vice-Convener)
Councillor Hugh Anderson
Councillor Bob Brawn
Councillor Dave Cuthbert
Councillor Eric Drysdale
Councillor David Illingworth
Councillor Ian James
Councillor Brian Leishman
Bailie Claire McLaren
Councillor Crawford Reid
Councillor Richard Watters
Bailie Mike Williamson
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Planning and Placemaking Committee 
Wednesday, 19 April 2023 
AGENDA 
MEMBERS ARE REMINDED OF THEIR OBLIGATION TO DECLARE ANY
FINANCIAL OR NON-FINANCIAL INTEREST WHICH THEY MAY HAVE IN ANY
ITEM ON THIS AGENDA IN ACCORDANCE WITH THE COUNCILLORS’ CODE
OF CONDUCT. 
1 WELCOME AND APOLOGIES/SUBSTITUTES   
2 DECLARATIONS OF INTEREST   
3 MINUTE OF MEETING OF THE PLANNING AND
PLACEMAKING COMMITTEE OF 22 MARCH 2023 FOR
APPROVAL
(revised copy herewith) 
5 - 24 
4 DEPUTATIONS   
5 APPLICATIONS FOR DETERMINATION   
5(1)  MAJOR APPLICATION   
5(1)(i)  22/02204/FLM - S42 APPLICATION TO AMEND CONDITION
19 AND 20 (CYCLE AND SCOOTER PARKING) OF
PERMISSION 21/00096/FLM, NORTH MUIRTON PRIMARY
SCHOOL, UIST PLACE, PERTH, PH1 3BY
Report of Handling by Head of Planning and Development (copy
herewith 22/107) 
25 - 40 
5(2)  LOCAL APPLICATIONS   
5(2)(i)  22/01981/FLL - ERECTION OF A DWELLINGHOUSE, LAND
NORTH OF ESKBANK, 55 GEORGE STREET,
BLAIRGOWRIE, PH10 6HP
Report of Handling by Head of Planning and Development (copy
herewith 23/108) 
41 - 58
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5(2)(ii)  22/02005/FLL - ERECTION OF A DWELLINGHOUSE (IN PART
RETROSPECT), LAND 40 METRES NORTH OF EASTER
ACHTAR, FEARNAN, ABERFELDY
Report of Handling by Head of Planning and Development (copy
herewith 23/109) 
59 - 74 
5(2)(iii)  23/00115/FLL - FORMATION OF FORESTRY TRACK,
AUCHINGARRICH FOREST, COMRIE
Report of Handling by Head of Planning and Development (copy
herewith 23/110) 
75 - 90 
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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
3
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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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Page 18

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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Page 19

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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Page 20

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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Page 21

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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Page 22

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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Page 23

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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Page 24

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.
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Page 25

Perth and Kinross Council
Planning and Placemaking Committee – 19 April 2023
Report of Handling by Head of Planning & Development
(Report No. 23/107) 
PROPOSAL: S42 application to amend conditions 19 and 20 (cycle and scooter
parking) of permission 21/00096/FLM. 
LOCATION: North Muirton Primary School, Uist Place, Perth, PH1 3BY 
Ref. No: 22/02204/FLM
Ward No: P12 – Perth City Centre 
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 This application was previously presented to the Planning and Development
Management Committee on 5 May 2021.  The application approved was for the
replacement of North Muirton Primary School with a larger building to serve an
expanded school catchment.  The application was subject to a number of
conditions and this application seeks to alter the wording of two conditions, 19
and 21, covering cycle and scooter parking. 
2 The school is being developed in phases and the storage area, as approved, will
not be completed until after the school is operational which would be in breach of
the noted conditions.  This application seeks to amend the wording of the
conditions to allow additional time for it to be provided.  The applicant had
sought a one year extension, however it is considered that a temporary area
should be provided in the interim with the agreed permanent area provided on
completion.   
3 The conditions to be varied are as following; 
4 Condition 19 – Prior to the occupation or use of the approved development a
secure waterproof cycle parking facility for a minimum of 94 cycles shall be
provided within the site to the satisfaction of the Council as Planning Authority. 
5(1)(i)
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5 Condition 20 – Prior to the occupation or use of the approved development a
secure scooter parking facility for a minimum of 30 scooter spaces shall be
provided within the site to the satisfaction of the Council as Planning Authority. 
Pre-Application Consultation 
6 The Pre-Application Consultation (PAC) requirements have been fulfilled in
association with the submission of planning application 21/00096/FLM and there
is no further PAC needed procedurally in relation to this S42 application. 
DEVELOPMENT PLAN 
7 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 
8 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. 
9 NPF4 was adopted on 13 February 2023.  NPF4 has an increased status over
previous NPFs and comprises part of the statutory development plan. 
10 The Council’s assessment of this application has considered the following
policies of NPF4: 
11 Policy 13: Sustainable Transport. 
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: 
14 Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals. 
National Roads Development Guide 2014 
15 This document supports Designing Streets and expands on its principles and is
the technical advice that should be followed in designing and approving of all
streets including parking provision.
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Page 27

OTHER POLICIES 
16 No other policies. 
Site History 
17 20/00002/PAN Erection of a primary school and associated works. 
18 20/00588/SCRN Demolition of existing school, erection of a primary school and
associated works. 
19 21/00096/FLM Full Planning Permission Major was Approved On 5 May 2021 for
Erection of a replacement primary school including nursery, formation of parking
areas, landscaping and associated works. 
CONSULTATIONS 
20 As part of the planning application process the following bodies were consulted: 
External 
21 No external consultations required. 
Internal 
Transportation And Development 
22 No objection to proposal, temporary facility requested and agreed with applicant. 
Representations 
23 No representations were received. 
ADDITIONAL STATEMENTS
24
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment under Habitats
Regulations
Habitats Regulations Appraisal AA
Not Required
Design Statement or Design and Access
Statement
Not Required
Report on Impact or Potential Impact eg
Flood Risk Assessment
Not Required 
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APPRAISAL 
25 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.  In
terms of other material considerations, this involves considerations of the
Council’s other approved policies and supplementary guidance. 
Principle 
26 The detail of the development subject of this application has been previously
established through the approval of the extant planning permission
(21/00096/FLM) and is therefore not reviewed as part of this S42 application. 
27 The proposal does not change the provision of the cycle and scooter storage
areas, only the timing.  Therefore, the proposal raises no issues in policy terms. 
Design and Layout 
28 The cycle and scooter storage is proposed to be sited permanently to the north of
the school adjacent to the playground, however it will not be completed before
the new school is occupied.  The agent has submitted a plan to show that a
temporary storage area can be provided to the south of the school, thereafter to
be removed and landscaped once the permanent shelter is in situ.   
Roads and Access 
29 The temporary storage area ensures provision for cycles and scooters is
provided in the interim until the completion of the works to the north which will
allow the permanent shelters to be provided. The conditions can therefore be
reworded so that the temporary area shown on the plans is in place until the
permanent area is provided. 
Conditions 
30 As this approval of this application will form a new permission, the previous
conditions have been repeated.  It should also be noted that from the previous
application submitted, there is a requirement to add a time condition.  This has
increased the number of conditions by one and therefore the new reworded
conditions are condition 20 and 21. 
VARIATION OF APPLICATION UNDER SECTION 32A 
31 This application was not varied prior to determination. 
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Page 29

PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
32 Not required. 
DIRECTION BY SCOTTISH MINISTERS 
33 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 
34 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. 
35 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. 
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. All plant or equipment shall be so enclosed, attenuated and/or maintained such
that any noise therefrom shall not exceed Noise Rating 35 between 0700 and
2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within
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Page 30

any neighbouring residential property, with all windows slightly open, when
measured and/ or calculated and plotted on a rating curve chart. 
Reason - In order to safeguard the residential amenity of the area. 
4. All external lighting shall be sufficiently screened and aligned so as to ensure that
there is no direct illumination of neighbouring land and that light spillage beyond
the boundaries of the site is minimised to a degree that it does not adversely
affect the amenity of the neighbouring land. 
Reason - In order to safeguard the residential amenity of the area. 
5. The development shall be completed in accordance with the Construction
Method Statement (CMS) and a Dust Management Plan (DMP) agreed under
permission 21/00096/FLM plan ref 99 and 100. 
Reason - In the interests of residential amenity; to ensure a satisfactory standard
of local environmental quality. 
6. Noisy Construction work shall be limited to Monday to Friday 0700 hours to 1900
hours and Saturday 0800 hours to 1300 hours with no noisy works out with these
times or at any time on Sundays or bank holidays. 
Reason - In order to safeguard the residential amenity of the area. 
7. The development shall be completed in accordance with the sustainable urban
drainage system (SUDS) scheme agreed under permission 21/00096/FLM plan
ref 101. 
Reason - To ensure the provision of effective drainage for the site. 
8. Storm water drainage from all paved surfaces, including the access, shall be
disposed of by means of suitable Sustainable Urban Drainage Systems to meet
the requirements of best management practices. 
Reason - To ensure the provision of effective drainage for the site. 
9. 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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Page 31

10. The development shall be occupied in accordance with the Flood Action Plan
agreed under permission 21/00096/FLM plan ref 76. 
Reason - The site is located within the 1/200 (0.5% AEP) flood extent and
therefore has a medium to high risk of flooding. 
11. The Finished Floor Level of the replacement North Muirton Primary School shall
be a minimum of 7.55m Above Ordnance Datum, as stated in Section 3.0 of the
Flood Risk Assessment dated 11 January 2021 plan ref (prepared by Goodson
Associates P13704 - Rev A). 
Reason - The site is located within the 1/200 (0.5% AEP) flood extent which has
a medium to high risk of flooding and therefore this mitigation is required. 
12. The development hereby approved shall be constructed so as to be flood
resilient in order to reduce the extent of potential flood damage and thereby
reduce repair costs and speed up building restoration should a flood event occur. 
Reason - The site is located within the 1/200 (0.5% AEP) flood extent which has
a medium to high risk of flooding and therefore this mitigation is required. 
13. The conclusions and recommended action points within the supporting
biodiversity survey by Direct Ecology dated 2 November 2020 as approved under
21/00096/FLM plan ref 30 submitted and hereby approved, shall be fully adhered
to, respected and undertaken as part of the construction phase of development
(Particular attention is drawn to Section 8: Impact Assessment). 
Reason - In the interests of employing best practice ecology and to ensure there
is no adverse impact on any protected species as identified under the Wildlife
and Countryside Act (1981). 
14. The development shall be completed in accordance with the details of the
location and specification of the swift nest boxes or bricks agreed under
permission 21/00096/FLM plan ref 67 -70. 
Reason - In the interests of protecting environmental quality and of biodiversity. 
15. The development shall be completed in accordance with the details of the
location and specification of the swift nest boxes or bricks agreed under
permission 21/00096/FLM plan ref 67 -70 
Reason - In the interests of protecting environmental quality and of biodiversity. 
16. All trees on site, other than those marked for felling on the approved plans, shall
be retained. 
Reason - To ensure a satisfactory standard of development and environmental
quality and to reserve the rights of the Planning Authority.
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17. 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 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 a satisfactory standard of development and environmental
quality and to reserve the rights of the Planning Authority. 
18. The detailed landscaping and planting scheme which is hereby approved shall be
completed within the first available planting season (October to March) after the
completion or bringing into use of the development, whichever is the earlier. 
The approved scheme shall thereafter be maintained to the satisfaction of the
Council as Planning Authority, with any planting which fails to become
established within five years being replaced in the following planting season with
others of a size and species as previously approved. 
Reason - In the interests of visual amenity and to ensure the satisfactory
implementation of the proposed planting scheme. 
19. No part of the development shall be occupied until a School Travel Plan (STP),
aimed to encourage more sustainable means of travel, has been submitted and
approved in writing by the Council.  The STP will have particular regard to
provision for walking, cycling and public transport access to and within the site
and will identify the measures to be provided, the system of management,
monitoring, review, reporting and the duration of the plan. 
Reason - To promote sustainable transport options and to meet advice within
Scottish Planning Policy on transport. 
20. Prior to the occupation or use of the approved development the temporary
agreed cycle storage area (plan ref 126) shall be provided.  Thereafter, the
secure waterproof cycle parking facility (agreed under reference 21/00096/FLM)
for a minimum of 94 cycles, shall be provided prior to the completion of the
development. 
Reason - To encourage active travel and meet advice within NPF4. 
21. Prior to the occupation or use of the approved development, the temporary
agreed scooter storage area (plan ref 126) shall be provided. Thereafter, the
secure scooter parking facility (agreed under reference 21/00096/FLM) for a
minimum of 30 scooter spaces shall be provided prior to the completion of the
development. 
Reason - To encourage active travel and meet advice within NPF4. 
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22. Prior to the occupation or use of the approved development a minimum of four
electric charge bays shall be provided within the site to the satisfaction of the
Council as Planning Authority. 
Reason - To encourage the shift to alternative fuelled vehicles. 
23. Prior to the development hereby approved being completed or brought into use,
the vehicular access shall be formed in accordance with Perth & Kinross
Council's Road Development Guide Type C Figure 5.7 access detail, of Type B
Road construction detail.  The Type B Road construction detail shall continue
into the entrance for a distance of 5 metres from the boundary of the public road
surface. 
Reason - In the interests of road safety; to ensure an acceptable standard of
construction within the public road boundary. 
24. The development shall be completed in accordance with the Construction Traffic
Management Scheme (TMS) agreed under permission 21/00096/FLM plan ref
95, 96, 84, 85, 86, 87, 88, 89, 94, 98. 
Reason - In the interests of pedestrian and traffic safety. 
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. 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 a building warrant has been
submitted and approved. 
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4. SEPA operate an advance flood warning system that helps the Council facilitate
the timely closure of the flood gates.  The early warning system is supplemented
by the Council's telemetry system that monitors various watercourses in the
Perth area to provide additional flood warning alarms and river level data. 
5. 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. 
6. 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 or being built.  Planning permission for a
development does not provide a defence against prosecution under this Act. 
7. The applicant should be advised that in terms of Section 56 of the Roads
(Scotland) Act 1984 he must obtain from the Council as Roads Authority consent
to open an existing road or footway prior to the commencement of works. 
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. The applicant should be advised that in terms of Section 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. 
Please note that a fee is chargeable for the processing of RCC applications. 
9. The Street lighting column that is present at the site discussion must be had with
the Street Lighting Partnership to obtain the locations of plant and the possible
relocation of the lighting column.  Contact Mark Gorrie at Perth & Kinross
Council Street Lighting Department for further details. 
10. 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: 
11. 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. 
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Page 35

Background Papers:  No letters of representation
Contact Officer:  Joanne Ferguson
Date:  6 April 2023 
DAVID LITTLEJOHN
HEAD OF PLANNING & DEVELOPMENT 
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22/02204/FLM
S42 application to amend conditions 19 and 20 (cycle and scooter parking) of permission
21/00096/FLM North Muirton Primary School, Uist Place Perth, PH1 3BY
Planning and Placemaking
Committee - 19 April 2023
Created by Kirsty Strong on 22 March 2023
© Crown copyright and database rights 2023 Ordnance Survey
100016971. You are permitted to use this data solely to enable you to
respond to, or interact with, the organisation that provided you with
the data. You are not permitted to copy, sub-licence, distribute or sell
any of this data to third parties in any form. Scale 1:10000
5(1)(i)
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Page 38

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22/02204/FLM
S42 application to amend conditions 19 and 20 (cycle and scooter parking) of permission
21/00096/FLM North Muirton Primary School, Uist Place Perth, PH1 3BY
Planning and Placemaking
Committee - 19 April 2023
Created by Kirsty Strong on 22 March 2023
© Crown copyright and database rights 2023 Ordnance Survey
100016971. You are permitted to use this data solely to enable you to
respond to, or interact with, the organisation that provided you with
the data. You are not permitted to copy, sub-licence, distribute or sell
any of this data to third parties in any form. Scale 1:5000
5(1)(i)
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Page 40

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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. 23/108) 
PROPOSAL: Erection of a dwellinghouse 
LOCATION: Land North of Eskbank, 55 George Street, Blairgowrie, PH10 6HP 
Ref. No: 22/01981/FLL
Ward No: P3 – Blairgowrie and Glens 
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.  Prior to the release of planning permission, the applicant shall either require
to settle the developer obligations in full, or alternatively, enter into a satisfactory
agreement with the Planning Authority to secure the necessary provision. 
BACKGROUND AND DESCRIPTION OF PROPOSAL 
1 The proposal relates to the construction of a 1.5 storey dwellinghouse with
two bedrooms on a plot directly to the north of ‘Eskbank’, 55 George Street,
Blairgowrie. 
2 The plot is within the Blairgowrie Conservation Area, and opposite two
Category C listed buildings which date from the 20th century at ‘Wingate’ and
‘Northneuk’. Two further Category C listed buildings from the mid-19th century
are located to the south of ‘Eskbank’ at 17 and 19 Newton Street. The
application site is otherwise bounded by residences at 49 George Street and
‘Langholm’ on Keay Street to the north, and a commercial premise to the west
which is also accessed from Keay Street. 
3 The proposed house would have a pitched slated roof with two front wall-head
dormer windows and a central roof window, in addition to two rear dormers
and a roof window. The house would be clad in natural stone to the front, with
stone quoins to the corners, and a rendered finish to the side and rear walls.
The front wall of the house would be approximately 1.65 metres forward of the
existing house at ‘Eskbank’ to the south and set back approximately 8.5
metres behind the existing house at 49 George Street to the north. 
4 Initially, an existing dividing wall between the application plot and ‘Eskbank’
was proposed be removed, and the existing front wall to George Street were
to be reduced in width and height to accommodate a widened vehicular
access with two off-street parking spaces and a gate.
5(2)(i)
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5 A recent planning application 22/00130/FLL was refused at this site for five
reasons, including proposed design and appearance, unsuitable parking and
access/egress arrangements including a proposal to accommodate off-street
parking for both retained and proposed houses within the site, lack of clarity
regarding the operation of proposed front gates, inability to demonstrate that
sustainable urban drainage could be accommodated on site. This current
application has been submitted with a view to address those reasons for
refusal. 
Pre-Application Consultation 
6 Pre application Reference: 22/00031/PREAPL. 
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 not
any formal pre-application consultation with the local community. 
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 3: Biodiversity
• Policy 7: Historic assets and places 
• Policy 14: Design, quality and place
• Policy 15: Local living and 20 minute neighbourhoods
• Policy 16: Quality homes
• Policy 22: Flood risk and water management 
Perth and Kinross Local Development Plan 2019 
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.
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13 The principal relevant policies are, in summary; 
• Policy 1A: Placemaking
• Policy 1B: Placemaking
• Policy 5: Infrastructure Contributions  
• Policy 17: Residential Areas  
• Policy 27A: Listed Buildings 
• Policy 28A: Conservation Areas: New Development
• Policy 32: Embedding Low and Zero Carbon Generating Technology in
New Development
• Policy 41: Biodiversity
• Policy 53B: Water Environment and Drainage: Foul Drainage
• Policy 53C: Water Environment and Drainage: Surface Water Drainage
• Policy 53E: Water Environment and Drainage: Water Supply
• Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
Statutory Supplementary Guidance 
• Supplementary Guidance - Delivering Zero Waste (adopted in 2020)
• Supplementary Guidance - Developer Contributions & Affordable Housing
(adopted in 2020)
• Supplementary Guidance - Flood Risk and Flood Risk Assessments
(adopted in 2021)
• Supplementary Guidance - Placemaking (adopted in 2020)
• Blairgowrie Conservation Area Appraisal 
OTHER POLICIES 
Non Statutory Guidance 
• Planning Guidance - Delivery of Development Sites
• Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs
SAC and the River Tay SAC 
• Conservation areas 
• Supplementary Guidance - Renewable & Low Carbon Energy (draft) 
NATIONAL GUIDANCE 
14 The Scottish Government expresses it’s planning policies and guidance
through The National Planning Framework 4, Planning Advice Notes (PAN),
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
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• 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 
Creating Places 2013 
16 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. 
National Roads Development Guide 2014 
17 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.  
Site History 
18 21/01303/FLL  Full Planning Permission was refused on 15 September 2021
for the erection of a dwellinghouse. 
19 21/01422/FLL  Full Planning Permission was approved on 8 October 2021 for
alterations to dwellinghouse. 
20 22/00130/FLL  Full Planning Permission was refused on 5 April 2022 for the
erection of a dwellinghouse. 
CONSULTATIONS 
21 As part of the planning application process the following bodies were
consulted: 
External 
Scottish Water 
22 No objection. No surface water drainage permitted to combined sewer unless
in exceptional circumstances. Applicant is required to submit a Pre-
Development Enquiry to Scottish Water regarding their proposals. 
Internal 
Conservation Team 
23 The proposal improves on a previous application 22/00130/FLL in terms of
both the design and materials of the principal elevation and the layout of the
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front garden and driveway. No objection subject to a planning condition
requiring further details of all proposed windows and doors. 
Transportation And Development 
24 The applicant is proposing to provide two car parking spaces for the property,
which meets the requirements of the National Roads Development Guide.
The applicant proposes to reduce the height of the boundary wall abutting the
public road to a height of 1.0 metre above the public road where it abuts. This
will provide an appropriate pedestrian visibility splay. The applicant is also
providing storage for bikes, which is welcomed. It is noted that the applicant
has marked three bays along the frontage of No. 55, these bays can be used
by anyone and are not assigned to the property. 
25 No objection subject to planning conditions controlling the geometry and
construction of the proposed vehicular access, and an informative relating to
the need to obtain a Vehicular Access Consent from the Council. 
Environmental Health (Noise Odour) 
26 No objection. 
Development Contributions Officer 
27 This proposal is within the catchment of Newhill Primary School. A Financial
Contribution is required from the developer in respect of Primary Education. It
is advised that payment of the contribution should be made up front on
release of planning permission. The additional costs to the applicants and
time for processing legal agreements for single dwelling applications is not
considered to be cost effective to either the Council or applicant.  
Representations 
28 Eight representations were received. The issues raised within the
representations are: 
• Inappropriately designed and detailed development next to a prominent
house in a conservation area, including unjustified removal of existing front
wall and garage structure
• Overdevelopment of site and loss of openness within the street scene
• Proposed house would not respect the existing building line on George
Street.
• Overlooking of neighbouring properties
• Loss of light and airflow to neighbouring properties, leading to damp
• Noise nuisance from proposed use, and air source heat pump
• Further strain will be put on electricity grid locally
• Parking pressure, traffic and road safety would be exacerbated locally
• Concerns regarding surface water drainage and water supply, as Scottish
Water are unable to service the site
• No need for a new house in this location
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• Alleged factual inaccuracies in supporting documents and drawings,
including reference to site as brownfield land.
• Building is not sustainably designed. 
29 These issues are addressed in the Appraisal section of the report. 
ADDITIONAL STATEMENTS
30
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment under Habitats
Regulations
Habitats Regulations Appraisal
AA Not Required
Design Statement or Design and Access
Statement
Submitted on Drawing
Report on Impact or Potential Impact eg
Flood Risk Assessment
Not Required 
APPRAISAL 
31 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 (LDP2). 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, as identified elsewhere in this report. 
32 In this instance, section 14(2) of the Planning (Listed Buildings and
Conservation Areas) (Scotland) Act 1997 places a duty on planning
authorities in determining such an application as this, to have special regard
to the desirability of preserving the building or its setting or any features of
special architectural or historic interest which it possesses. 
33 Section 64(1) of the Planning (Listed Buildings and Conservation Areas)
(Scotland) Act 1997 is relevant and requires planning authorities to pay
special attention to the desirability of preserving or enhancing the character or
appearance of the designated conservation area. 
Principle 
34 LDP2 Policy 1: Placemaking seeks to ensure that new developments do not
have an adverse impact on the surrounding area. This is also promoted by
NPF4 Policy 14: Design, quality and place. The proposal site is within the
settlement of Blairgowrie, and whilst the need for a new house does not
require to be demonstrated in this instance, LDP2 Policy 17: Residential
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Areas is directly applicable. This policy seeks to protect existing residential
areas from inappropriate uses. 
35 The principle of a two storey house on this infill plot within an existing
settlement is acceptable, subject to detailed consideration of Development
Plan policies and matters including but not limited to design, conservation,
residential amenity and parking. 
Design, Layout and Conservation 
36 The proposal represents a marked improvement on the previous gable-
fronted “coach house” design which was refused in application reference
22/00130/FLL, with much more balanced fenestration than the previous
design. In addition, the applicant now proposes natural stone to the front
elevation, as opposed to precast stone in the previous application. In the
event of approval, a planning condition shall ensure that the exact type and
texture of natural stone is appropriate for this particular street scene, as
officers consider that an overly smooth finish, whilst intended to complement
the façade of ‘Eskbank’, could appear incongruous in the context of the
textured and weathered appearance of both that property and surrounding
dwellings on George Street (condition 3). 
37 The proposed scale and massing would complement the surrounding
dwellings and is more in keeping with the design of ‘Eskbank’ in particular
than the previous application. It is acknowledged that the building would be
1.65 metres forward of ‘Eskbank’, however this is considered to be
acceptable, as the building line has historically been rather inconsistent along
the western side of George Street, with the existing neighbouring house to the
north at 49 George Street protruding 10 metres forward of ‘Eskbank’. Whilst it
would be inappropriate to match the building line of 49 George Street, the
existing context does allow the proposed new house to project modestly
beyond the front of ‘Eskbank’, whilst still being recessed 8.5 metres behind
the front wall of 49 George Street. This in turn would not have an adverse
impact on the openness of the street. 
38 Concern has been raised in representations at the part removal of the front
boundary wall, and the removal of the dividing wall between the application
plot and the existing house at ‘Eskbank’. Following discussions between
officers and the applicant, the dividing wall is to be retained, apart from a
section of concrete block wall nearest the position of the proposed house. In
terms of the front wall, this will be reduced in height but more of its footprint
would be retained relative to the refused proposal in application
22/00130/FLL. It is also noted that the tall walls which front this stretch of
George Street are predominantly those which enclose side/rear gardens of
properties on intersecting streets at junctions, for example at 19 Newton
Street (listed) and 26 John Street, rather than front gardens. Whilst the
application site could be considered the side garden of ‘Eskbank’, it is to the
front of the house’s primary elevation and makes a limited contribution to the
street scene. Its concrete aggregate construction is not of a high heritage
value, so the intervention to the front wall is considered to be appropriate in
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this instance. A planning condition shall allow further scrutiny of the proposed
boundary treatment, including the proposed front gate (condition 5). 
39 The erection of the proposed house and associated demolition of a garage
structure would not adversely impact the setting of nearby listed buildings
opposite on George Street, or on the adjacent Newton Street. It would
preserve the appearance and character of the Blairgowrie Conservation Area
through the sensitive layout, siting and design of the proposal. 
40 As such, the proposal accords with NPF4 Policies 7: Historic assets and
places and 14: Design, quality and place, and LDP2 Policies 1A and 1B:
Placemaking and 28A: Conservation Areas: New Development. 
Residential Amenity 
41 The proposed position and orientation of the dwellinghouse within the plot
would not create any adverse impact on the living conditions of current and
future neighbouring residents. The distances between dwellings, including
windows and associated orientation, would be acceptable in terms of
overlooking. 
42 Shadow cast diagrams have been submitted which demonstrate that the
extent of overshadowing to the north towards 49 George Street in particular,
would be acceptable. 
43 In addition, the ability of nearby houses to dry off after rainfall would not be
impacted by this proposal, due to the position of the proposed house and the
distance between it and nearby buildings. 
44 The impact on neighbouring residences in terms of noise would be
acceptable, as this is a proposed new residence in a residential area. There is
no air source heat pump proposed as part of this application, and further
assessment of this may be required if one is proposed in the future. 
45 The proposed plot also provides sufficient amenity ground for future
occupiers, and the occupiers of the retained house at ‘Eskbank’ to the south. 
46 As such, this element of the proposal accords with NPF4 Policies 14: Design,
quality and place and 16: Quality homes, and LDP2 Policy 17: Residential
Areas. 
Roads and Access 
47 Transportation and Development officers have not objected to the proposed
two off-street car parking spaces, and are satisfied with the reduced front wall
height and resulting visibility for vehicle access/egress. 
48 The previous application on this site was refused in part due to the dominance
of four proposed off-street parking spaces in a conservation area, which were
intended to serve both the existing and proposed houses. The current
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proposal has reduced this to two which would solely be for the use of the
proposed house. 
49 Officers also consider that the proposed development would not itself
exacerbate car parking provision in the area. As such, the current proposal is
acceptable in terms of roads and access and accords with NPF4 Policy 13:
Sustainable Transport and LDP2 Policy 60B: Transport Standards and
Accessibility Requirements: New Development Proposals. 
Drainage and Flooding 
50 Whilst concern has been raised in representations that Scottish Water are
unable to service the property, this is not necessarily the case as Scottish
Water generally do not reserve capacity until a formal connection application
is made to them. The Scottish Water response clearly states that sufficient
capacity exists at their water works in terms of fresh water and waste water,
and they have not objected to the proposal. 
51 Notwithstanding this, Scottish Water do have a standard requirement for
surface water run-off not be directed to the public sewers, other than in
exceptional circumstances. Whilst this requirement is not peculiar to this
property, a refusal reason to a recent planning application on this site referred
to the inability of the applicant to demonstrate that sustainable urban drainage
could be accommodated on site. 
52 The applicant has, during the course of this application, submitted documents
to demonstrate how surface water would be managed. Specifically, it is
proposed to utilise rainwater harvesting via water butts and attenuate within
the porous paving sub-base prior to discharging to the combined sewer.
Whilst officers acknowledge that there would be some discharge to the public
sewer, the measures proposed considered sufficient to overcome the
previous planning refusal reason. The Building Warrant process will further
scrutinise the proposals, as will Scottish Water through the applicant’s
recently submitted Pre-Development Enquiry to Scottish Water. 
53 As such, officers consider that the proposal accords with the intent of NPF4
Policy 22: Flood risk and water management and LDP2 Water Environment
and Drainage Policies 53B: Foul Drainage, 53C: Surface Water Drainage, and
53E: Water Supply. 
Waste Collection 
54 The proposed plans show bin stores at the rear of the house, and officers
consider there is sufficient width along the southern side of the plot for these
to be wheeled to the street for collection. As such, this element of the
proposal would be acceptable. 
Natural Heritage and Biodiversity 
55 The site and its relatively constrained nature currently offers little biodiversity
potential. The inclusion of nesting bricks on the proposed building would
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therefore enhance biodiversity on this site. A planning condition shall
therefore secure the provision of two nesting bricks, one for swifts and one for
bats, to ensure compliance with NPF4 Policy 3: Biodiversity and LDP2 Policy
41 – Biodiversity (condition 8). 
Developer Contributions 
56 The Developer Contributions Guidance is applicable to this application. As
such, a developer contribution in respect of Primary Education is required to
be secured before the formal planning decision notice can be issued. Subject
to this, the proposal would accord with NPF4 Policy 18: Infrastructure First
and LDP2 Policy 5: Infrastructure Contributions. In addition, the site is located
out with the areas where transportation contributions are required. 
Additional Matters Raised in Representations 
57 In respect of other matters raised in representations which have not already
been raised elsewhere in this report, there is no evidence to suggest that
strain would be put on the local electricity grid within this established
residential area. 
58 Concern has been also raised in the representations regarding the applicant’s
use of the term “brownfield land”. NPF4 defines Brownfield as “Land which
has previously been developed. The term may cover vacant or derelict land,
land occupied by redundant or unused buildings and developed land within
the settlement boundary where further intensification of use is considered
acceptable.” In this instance, the site has been previously developed by virtue
of its existing structures and hard surface, and is considered suitable for
further intensification by virtue of the wider than usual nature of the existing
residential plot at ‘Eskbank’, subject to consideration of a range of matters
outlined in this report. A site does not need to be formally registered as
brownfield to be considered brownfield, however there are instances where a
register of larger such sites can assist the Council in identifying opportunities
for regeneration. 
Economic Impact 
59 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 
60 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 changes to the proposed boundary
and drainage arrangements. 
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
61 The Council Developer Contributions Supplementary Guidance requires a
financial contribution towards increased primary school capacity in areas
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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. 
62 This proposal is within the catchment of Newhill Primary School, and a
contribution has been considered necessary by the Developer Contributions
Officer. No legal agreement is expected to be required in this instance, as the
contribution is to be paid prior to the release of planning permission, as
discussed in Paragraph 27 above 
DIRECTION BY SCOTTISH MINISTERS 
63 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 
64 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. 
65 Accordingly the proposal is recommended for approval subject to the
settlement of the financial contribution towards education, and 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. 
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. 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 visual amenity; to ensure a satisfactory standard
of local environmental quality. 
4. Prior to the commencement of the development hereby approved, 1:10 scaled
elevations and sections of all proposed windows and doors shall be submitted
to and approved in writing by the Council as Planning Authority.  The
approved details shall thereafter be implemented in full. 
Reason - In order to protect the character and appearance of the
Conservation Area 
5. 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 order to protect the character and appearance of the
Conservation Area 
6. Prior to the development hereby approved being completed or brought into
use, the vehicular access shall be formed in accordance with Perth & Kinross
Council's Road Development Guide Type B Figure 5.6 access detail, of Type
A Road construction detail.   
Reason - In the interests of road safety; to ensure an acceptable standard of
construction within the public road boundary.  
7. Prior to the development hereby approved being completed or brought into
use, the access shall be constructed so that no surface water or surfacing
aggregate is discharged onto the public road. 
Reason - In the interests of road safety; to ensure an acceptable standard of
construction within the public road boundary. 
8. Prior to the completion or bringing into use of the dwellinghouse hereby
approved, whichever is the earlier, one swift brick shall be provided on the
North elevation gable end of the building and one bat brick shall be provided
on the South elevation gable end of the building, to the satisfaction of the
Council as Planning Authority.  Thereafter, the bricks shall be retained in a
reasonable condition for the life of the development. 
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Reason - In the interests of protecting environmental quality and of
biodiversity. 
9. Prior to the development hereby approved being completed or brought into
use, all works shall be carried out in accordance with the agreed Drainage
Options Report by McGregor McMahon Consulting Engineers dated 10 March
2023 (document reference 08). 
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 
The planning permission decision notice shall not be issued until such time as
the required Developer Contributions have been secured or paid in full.   
In the event the applicant does not either make the required payment within
28 days from the date the agent/applicant is advised of the need for the
contributions, or complete a legal agreement for delayed payment within a 4
month period from the date the agent/applicant is advised of the need for the
contributions the application may be refused under delegated powers without
any further discussion with the applicant. 
D 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. The applicant should take note of the information and advice contained within
the consultation response from Scottish Water. 
5. 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
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Page 54

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. 
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 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 changes to the proposed boundary
and drainage arrangements. 
8. 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. 
Background Papers:  8 letters of representation
Contact Officer:  John Cooney 
Date:  6 April 2023 
DAVID LITTLEJOHN
HEAD OF PLANNING & DEVELOPMENT 
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22/01981/FLL
Erection of a dwellinghouse - Land North of Eskbank, 55 George Street, Blairgowrie PH10
6HP
Planning and Placemaking
Committee 22 March 2023
Created by Kirsty Strong on 23 February 2023
© Crown copyright and database rights 2023 Ordnance Survey
100016971. You are permitted to use this data solely to enable you to
respond to, or interact with, the organisation that provided you with
the data. You are not permitted to copy, sub-licence, distribute or sell
any of this data to third parties in any form. Scale 1:5000
5(2)(i)
Page 55 of 90

Page 56

Page 56 of 90

Page 57

22/01981/FLL
Erection of a dwellinghouse - Land North of Eskbank, 55 George Street, Blairgowrie PH10
6HP
Planning and Placemaking
Committee 22 March 2023
Created by Kirsty Strong on 23 February 2023
© Crown copyright and database rights 2023 Ordnance Survey
100016971. You are permitted to use this data solely to enable you to
respond to, or interact with, the organisation that provided you with
the data. You are not permitted to copy, sub-licence, distribute or sell
any of this data to third parties in any form. Scale 1:2500
5(2)(i)
Page 57 of 90

Page 58

Page 58 of 90

Page 59

Perth and Kinross Council
Planning and Placemaking Committee – 19 April 2023
Report of Handling by Head of Planning & Development
(Report No. 23/109) 
PROPOSAL: Erection of a dwellinghouse (in part retrospect) 
LOCATION: Land 40 metres north of Easter Auchtar, Fearnan, Aberfeldy 
Ref. No: 22/02005/FLL
Ward No: P4 – Highland 
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 The application site is located to the north of Easter Auchtar, on the west side of
the C449 public road between Fearnan and Fortingall.  The site currently
comprises a single storey timber-clad cottage and is enclosed on its northern
boundary by a beech hedge, which partially screens views of the site from the
north.  In views from the south, the site is obscured by the mature conifer trees
within Easter Fearnan itself.  To the west, the land rises sharply upwards
towards the foothills of the Lawers mountain range. 
2 The site is also within the Loch Tay Local Landscape Area, and within the
Catchment Area of the River Tay Special Area of Conservation (SAC).  The
Fearnan Cowpark Site of Special Scientific Interest (SSSI) is located
approximately 140 metres south of the site, on the opposite eastern side of the
public road.  The Loch Rannoch and Glen Lyon National Scenic Area is located
approximately 440 metres to the north. 
3 A previous planning permission was approved in March 2010 for the demolition
of the existing cottage and construction of a two storey house to the west of it
(ref: 10/00127/FLL).  Whilst the two storey house was not built, the permission is
considered to have been commenced following the installation of utility
infrastructure.  The approved design has a curved aluminium roof and a mixture
of fibre cement panels, harling and timber cladding as wall finishes. 
5(2)(ii)
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4 The current application seeks to alter the position and design of the approved
dwellinghouse within the western end of the site, with associated changes to the
driveway.  The bespoke and contemporary proposal would still be two storey
with the primary living and bedroom areas on the first floor, and a
store/workshop, garage and utility room on the ground floor.  The dwellinghouse
would have a shallow double-pitched roof with wide east and west-facing gables
and an off-centre ridge of height 6.96 metres.  It would be clad in black timber
cladding, with a black aluminium roof and aluminium-clad timber fenestration. 
There would be a zinc-clad box feature window on the front and rear elevation,
and a stove flue is also proposed close to the roof ridge. 
5 The application has received an objection from Glenlyon and Loch Tay
Community Council and is therefore required to be considered at Planning and
Placemaking Committee. 
Pre-Application Consultation 
6 Pre application Reference: None.  
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 not any
formal pre-application consultation with the local community. 
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 3: Biodiversity 
• Policy 4: Natural places
• Policy 14: Design, quality and place
• Policy 16: Quality homes
• Policy 17: Rural Homes
• Policy 29: Rural Developments
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Perth and Kinross Local Development Plan 2019 
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 5: Infrastructure Contributions  
• Policy 19: Housing in the Countryside  
• Policy 32: Embedding Low & Zero Carbon Generating Technologies in New
Development
• Policy 38B: Environment and Conservation: National Designations
• Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and
Development
• Policy 41: Biodiversity
• Policy 53B: Water Environment and Drainage: Foul Drainage
• Policy 53C: Water Environment and Drainage: Surface Water Drainage
• Policy 53E: Water Environment and Drainage: Water Supply
• Policy 57: Air Quality
• Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
Statutory Supplementary Guidance 
• Supplementary Guidance - Air Quality (adopted in 2020)
• Supplementary Guidance - Delivering Zero Waste (adopted in 2020)
• Supplementary Guidance - Developer Contributions & Affordable Housing
(adopted in 2020)
• Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted
in 2021)
• Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020)
• Supplementary Guidance - Housing in the Countryside (adopted in 2020)
• Supplementary Guidance - Landscape (adopted in 2020)
• Supplementary Guidance - Placemaking (adopted in 2020) 
OTHER POLICIES 
Non-Statutory Guidance 
• Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC
and the River Tay SAC
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• Planning Guidance - Planning & Biodiversity 
• Supplementary Guidance - Renewable & Low Carbon Energy (draft) 
NATIONAL GUIDANCE 
14 The Scottish Government expresses its planning policies and guidance through
The National Planning Framework 4, Planning Advice Notes (PAN), 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
• 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 
Creating Places 2013 
16 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 
17 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 
18 This document supports Designing Streets and expands on its principles and is
the technical advice that should be followed in designing and approving of all
streets including parking provision. 
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SITE HISTORY 
19 00/01448/FUL  Full Planning Permission was approved on 18 October 2000 for
erection of a replacement conservatory. 
20 07/00777/FUL  Full Planning Permission was approved on 25 May 2007 for
replacement of dwellinghouse. 
21 07/02085/OUT  was refused on 22 November 2007 for residential development
(in outline). 
22 09/01734/FLL  Full Planning Permission was approved on 16 December 2009
for erection of a dwellinghouse. 
23 10/00127/FLL  Full Planning Permission was approved on 15 March 2010 for
demolition of bothy and erection of a dwellinghouse and garage (commenced). 
CONSULTATIONS 
24 As part of the planning application process the following bodies were consulted: 
External 
Scottish Water 
25 No objections, subject to standard advice.  Private waste water treatment
required. 
Internal 
Development Contributions Officer 
26 There is extant permission for a dwellinghouse on the site (10/00127/FLL). No
comments to make. 
Transportation And Development 
27 The applicant is proposing a new house design for the property which has an
existing approval for a dwellinghouse (Ref: 10/00127/FLL).  The existing
approval is deemed to have commenced with the installation of services.  The
new house design is for two bedrooms.  The vehicle access to the public road
network for the property will be via the existing vehicle access into the site off the
C449 public road to Fearnan.  The applicant plans to upgrade this access to a
bellmouth junction.  Visibility from the junction is suitable.  Parking will be
provided on site for four vehicles, which is in line with the requirements of the
National Roads Development Guide.  The applicant has proposed the use of
gravel within the driveway; however, the applicant should consider a method for
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ensuring that the gravel remains in place, with one consideration may be for
gravel grids, but other options may be available.   
28 No objections, subject to conditions and informatives regarding the proposed
access, surface aggregates and surface water on the proposed driveway. 
Environmental Health (Noise Odour) 
29 No objection, subject to informative regarding proposed stove system. 
REPRESENTATIONS 
30 One representation was received from Glenlyon and Loch Tay Community
Council.  The main issues raised within the representation are: 
• Inappropriate design which would appear out of place relative to existing
buildings and the surrounding landscape.
• Concern that discharge of waste water or surface water to a nearby burn
could exacerbate flooding at the point the burn is culverted beneath the public
road. 
31 These issues are addressed in the Appraisal section of the report. 
ADDITIONAL STATEMENTS
32
Screening Opinion  EIA Not Required
Environmental Impact Assessment (EIA):
Environmental Report
Not applicable
Appropriate Assessment under Habitats
Regulations
Habitats Regulations Appraisal
AA Not Required
Design Statement or Design and Access
Statement
Submitted
Report on Impact or Potential Impact eg
Flood Risk Assessment
Not Required 
APPRAISAL 
33 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.  In
terms of other material considerations, this involves considerations of the
Council’s other approved policies and supplementary guidance, as identified
elsewhere in this report. 
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Principle 
34 LDP2 Policy 19 – Housing in the Countryside acknowledges that opportunities
exist for housing in rural areas to support the viability of communities, meet
development needs in appropriate locations whilst safeguarding the character of
the countryside as well as ensuring that a high standard of siting and design is
achieved. 
35 The proposal is considered a replacement of an existing house under category 4
of LDP2 Policy 19 and is required to meet the criteria outlined in the Housing in
the Countryside Supplementary Guidance, including high quality design
appropriate to its setting and surrounding area, similar siting and scale to the
house being replaced, use of an established site with a good setting and
landscape fit, and suitable enclosure by site boundaries. Whilst most of the
above criteria shall be discussed in the remainder of this appraisal, it is
acknowledged that the scale is different by virtue of being a two storey house. In
this instance, the site history forms a significant material consideration as a
planning permission for a two storey house has been approved and commenced
(ref: 10/00127/FLL). As such, that approved two storey house could be
constructed on site without need for further planning permission. 
36 National Planning Policy Framework (NPF4) Policy 17 – Rural Homes also
supports development proposals which meet a number of criteria, including the
reinstatement of a former dwellinghouse. In addition, NPF4 Policy 9(a) is
supportive of the sustainable reuse of brownfield land including vacant and
derelict land and buildings, subject to consideration of the biodiversity value of
brownfield land which has naturalised. 
37 As such, the principle of a two storey house to the rear of the existing cottage it
seeks to replace is acceptable subject to detailed consideration of matters
including but not limited to design, landscape impact, and biodiversity. 
Design and Layout, Landscape 
38 The appearance, orientation, modern design and dark colour of the proposed
contemporary two storey dwellinghouse would be acceptable and well-integrated
into the surrounding landscape, by virtue of its position at the western rear of the
site. This is further enhanced by the existence of established natural screening
from trees to the south and the boundary hedge to the north. The front elevation
of the dwellinghouse would be set back at least 54 metres from the edge of the
public road, wholly to the rear of the current cottage’s position. The existing
northern boundary hedge would be maintained at a 1.8 metre height. The
proposed layout of the site is also considered to be acceptable. Furthermore, the
site also benefits from the rising topography of Creag a Mhadaidh to the west as
a backdrop which helps integrate the proposal into the existing landscape. As
such, this element of the proposal accords with This element of the proposal
therefore accords with NPF4 Policies 14: Design, quality and place and 17: Rural
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homes, and LDP2 Policies 1A and 1B: Placemaking and 19: Housing in the
Countryside. 
Residential Amenity 
39 The proposed dwellinghouse would be sited sufficiently far from the nearest
residential neighbour as not to cause concern regarding overlooking. There
would be no overshadowing as the nearest residential neighbour is located to the
south of the application site. 
40 A stove and flue is proposed, and the flue shall terminate above the eaves of the
proposed dwellinghouse, which will aid with the dispersal of smoke. As such, and
subject to an informative reminding the applicant to adhere to the stove
specifications, the impact on nearby residences would be acceptable. 
41 The amount of private garden ground associated with this proposal is acceptable. 
42 As such, this element of the proposal accords with NPF4 Policies 14: Design,
quality and place and 16: Quality homes. 
Roads and Access 
43 The proposed plot includes a long driveway with sufficient parking and turning
provision. The driveway would connect to the C449 public road. The Council’s
Transportation and Development team has raised no objections, subject to
conditions and informatives relating to the creation of the access, and the
management of surface aggregates and surface water on the proposed
driveway. As such, the proposal accords with NPF4 Policy 13: Sustainable
transport and LDP2 Policy 60B: Transport Standards and Accessibility
Requirements: New Development Proposals (condition 3). 
Drainage and Flooding 
44 The representation from Glenlyon and Loch Tay Community Council regarding
flooding is acknowledged. However, the application site and the road adjacent is
not identified by SEPA as being vulnerable to surface water or river flooding.
Furthermore, the plot size and driveway design are such that drainage can be
satisfactorily accommodated. An informative shall draw attention to Scottish
Water’s advice note. 
Waste Collection 
45 A bin store is proposed at the front of the site between the proposed gate and the
public road, and this is considered acceptable. 
Conservation Considerations 
46 There are no conservation implications associated with this proposal.
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Natural Heritage and Biodiversity 
47 The existing site is overgrown with grass and some self-seeded trees, and is
enclosed by an existing beech hedge to the north. Several new trees are
proposed along the driveway leading to the dwellinghouse, and the hedge is
proposed to be limited to 1.8 metres in height. A condition shall require further
details of the proposed landscaping strategy for the site. An informative shall also
remind the applicant of their legal responsibilities in terms of the impact of site
works on nesting birds (condition 2). 
48 The Fearnan Cowpark SSSI is approximately 140 metres to the south of the
application site and is important for its grassland and spring fen habitat. The
proposal’s modest size and scale, and its position slightly downhill from the SSSI
means that it would not adversely impact this nature conservation designation. 
49 As such, subject to the above condition and informative, the proposal accords
with the intent of NPF4 Policies 3: Biodiversity and 6: Forestry, woodland and
trees, and LDP2 Policies Policy 38B: Environment and Conservation: National
Designations, 40B: Forestry, Woodland and Trees: Trees, Woodland and
Development and 41: Biodiversity. 
Developer Contributions 
50 The Developer Contributions Guidance is applicable to this application, but it is
acknowledged that an existing planning permission has been commenced on the
site. As such, no contributions are required in this instance. 
Economic Impact 
51 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 
52 This application was not varied prior to determination. 
PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 
53 None required.   
DIRECTION BY SCOTTISH MINISTERS 
54 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. 
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CONCLUSION AND REASONS FOR RECOMMENDATION 
55 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. 
56 Accordingly the proposal is recommended for approval subject to the following
conditions. 
RECOMMENDATION   
Approve the application. 
Conditions and Reasons for Recommendation 
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. Within six months of the approval of this development, 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 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 - To ensure a satisfactory standard of development and environmental
quality and to reserve the rights of the Planning Authority. 
3. Prior to the development hereby approved being completed or brought into use,
the access shall be constructed so that no surface water or surfacing aggregate
is discharged onto the public road. 
Reason - In the interests of road safety; to ensure an acceptable standard of
construction within the public road boundary.
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4. Prior to the development hereby approved being completed or brought into use,
the vehicular access shall be formed in accordance with Perth & Kinross
Council's Road Development Guide Type B Figure 5.6 access detail with 3 metre
radii kerbing, of Type A Road construction detail.  The Type A Road construction
detail shall continue to the entrance for a minimum distance of 3 metres. 
Reason - In the interests of road safety; to ensure an acceptable standard of
construction within the public road boundary. 
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. 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. 
2. A building warrant is required to be submitted and approved. 
3. The applicant should take note of the information and advice contained within the
consultation response from Scottish Water. 
4. 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. 
5. The applicant is advised that, in terms of Sections 109 of the New Roads and
Street Works Act 1991, he/she/they must obtain from the Council, to place,
maintain or adjust apparatus in, or under a Road or remove apparatus from a
road.  Application forms are available at
https://www.pkc.gov.uk/article/14916/Road-and-footway-permits. 
6. The approved stove system shall be installed and thereafter operated and
maintained in accordance with the manufacturer's recommendations, such that
smoke odours are not exhausted into or escape into any neighbouring dwellings.
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Failure to do so may result in an investigation and possible action by
Environmental Health under the Environmental Protection Act 1990. 
7. 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 or being built.  Planning permission for a
development does not provide a defence against prosecution under this Act. 
8. 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. 
Background Papers:  1 letter of representation from Glenlyon and Loch Tay
Community Council.
Contact Officer:  John Cooney
Date:  7 April 2023 
DAVID LITTLEJOHN
HEAD OF PLANNING & DEVELOPMENT 
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22/02005/FLL
Erection of a dwellinghouse (in part retrospect) - Land 40 Metres North Of Easter Auchtar,
Fearnan, Aberfeldy
Planning and Placemaking
Committee - 19 April 2023
Created by Kirsty Strong on 22 March 2023
© Crown copyright and database rights 2023 Ordnance Survey
100016971. You are permitted to use this data solely to enable you to
respond to, or interact with, the organisation that provided you with
the data. You are not permitted to copy, sub-licence, distribute or sell
any of this data to third parties in any form. Scale 1:15000
5(2)(ii)
Page 71 of 90

Page 72

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Page 73

22/02005/FLL
Erection of a dwellinghouse (in part retrospect) - Land 40 Metres North Of Easter Auchtar,
Fearnan, Aberfeldy
Planning and Placemaking
Committee - 19 April 2023
Created by Kirsty Strong on 22 March 2023
© Crown copyright and database rights 2023 Ordnance Survey
100016971. You are permitted to use this data solely to enable you to
respond to, or interact with, the organisation that provided you with
the data. You are not permitted to copy, sub-licence, distribute or sell
any of this data to third parties in any form. Scale 1:5000
5(2)(ii)
Page 73 of 90

Page 74

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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. 
5(2)(iii)
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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 
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23/00115/FLL
Formation of forestry track, Auchingarrich Forest, Comrie
Planning and Placemaking
Committee - 19 April 2023
Created by Kirsty Strong on 22 March 2023
© Crown copyright and database rights 2023 Ordnance Survey
100016971. You are permitted to use this data solely to enable you to
respond to, or interact with, the organisation that provided you with
the data. You are not permitted to copy, sub-licence, distribute or sell
any of this data to third parties in any form. Scale 1:10000
5(2)(iii)
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23/00115/FLL
Formation of forestry track, Auchingarrich Forest, Comrie
Planning and Placemaking
Committee - 19 April 2023
Created by Kirsty Strong on 22 March 2023
© Crown copyright and database rights 2023 Ordnance Survey
100016971. You are permitted to use this data solely to enable you to
respond to, or interact with, the organisation that provided you with
the data. You are not permitted to copy, sub-licence, distribute or sell
any of this data to third parties in any form. Scale 1:5000
5(2)(iii)
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