23/00103/Fll
Perth and Kinross Council · 17 May 2023
Back to Planning and Placemaking Committee — 17 May 2023 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee – 17 May 2023 Report of Handling by Head of Planning & Development (Report No. 23/136) PROPOSAL: Erection of storage and distribution building (class 6), formation of landscaping, drainage and associated works LOCATION: Land 100 metres Northwest of Valleyfield Farm, Errol Ref. No: 23/00103/FLL Ward No: P1 – Carse of Gowrie Summary This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. BACKGROUND AND DESCRIPTION OF PROPOSAL 1 Full planning permission is sought for the erection of a storage and distribution building (class 6), formation of landscaping, drainage and associated works at Valleyfield Farm. Valleyfield Farm is located on the west side of the public road which links from north to south the A90 trunk road and Kinnaird, and within the Carse of Gowrie between Perth and Dundee. 2 The two existing buildings at Valleyfield Farm benefit from an extant detailed planning consent (06/00877/FUL) for light industrial use (class 4). Previously these buildings and wider site was used as a dairy farm. 3 Planning permission also granted in March 2015 (15/02198/FLL) for the erection of a further building to be used for storage and distribution (class 6 purposes), this to the north of the largest existing building to the south and on a site which overlaps with that of the current application. That approved building was 43 metres x 20.5 metres in footprint (881sqm) and a height of 8.5 metres. That building has not been developed. 4 There is an existing farmhouse located to the southeast of the existing buildings, adjacent to the road. This property is within ownership of the applicant. 5 This application seeks to erect a different and larger storage and distribution building in a similar location to that approved in 2015. This would increase the footprint by 319 square metres, being 60 metres x 20 metres (1200sqm) but again, 8.5 metres in height.
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6 This new building is proposed to be finished in green profiled metal cladding with a concrete block work basecourse. 7 The building is to be served by an existing access into the site, located to the south of the existing buildings. As part of the proposals, an existing landscape strip which wraps around the site has been included within the site boundaries. This was planted a number of years ago, but areas have failed to become established. This landscaping is proposed to be augmented as part of this proposal. 8 The site has not been used for farming purposes for a number of years and has a long and well-established history of light industrial use, which this proposal would expand. Pre-Application Consultation 9 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. National Planning Framework 4 10 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. 11 NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 12 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 2: Climate Mitigation and Adaptation • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 22: Flood Risk and Water Management • Policy 23: Health and Safety • Policy 26: Business and Industry • Policy 29: Rural Development Perth and Kinross Local Development Plan 2 13 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
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economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 14 The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 6: Settlement Boundaries • Policy 8: Rural Business and Diversification • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 39: Landscape • Policy 52: New Development and Flooding • Policy 53B: Water Environment and Drainage: Foul Drainage • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 55: Nuisance from Artificial Light and Light Pollution • Policy 56: Noise Pollution • 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) OTHER POLICIES Non-Statutory Guidance • Supplementary Guidance - Renewable & Low Carbon Energy (draft) NATIONAL GUIDANCE 15 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.
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Planning Advice Notes 16 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 17 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 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. OTHER POLICIES Developer Contributions and Affordable Housing Supplementary Guidance April 2020 • Placemaking Supplementary Guidance 2020 • Flood Risk and Flood Risk Assessments Supplementary Guidance 2020 • Landscape Supplementary Guidance 2020 Site History 19 06/00877/FUL Full planning permission was approved in 2006 for change of use of former farm buildings to light industry/storage and distribution (class 4). 20 10/01992/FLL Full planning permission was refused on 5th October 2011 for formation of outdoor storage area (removal of condition 3 from consent 06/00877/FUL, restricting storage to interior of units). 21 14/01605/FLL Full planning permission was refused on 27 March 2015 for the erection of storage unit and siting of portable building.
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22 15/02198/FLL Full Planning Permission was approved on 18 April 2017 for erection of storage and distribution building (Class 6) and associated works. 23 22/00370/FLL Full Planning Permission application was withdrawn on 4 May 2022 for erection of storage and distribution building (class 6) and associated works. CONSULTATIONS 24 As part of the planning application process the following bodies were consulted: External Scottish Water 25 No objection. Dundee Airport Ltd 26 No objection. Internal Transportation And Development 27 No objection, subject to provision of cycle parking and a disabled parking bay. Structures And Flooding 28 A class 6 storage and distribution use is considered by SEPA to be appropriate with this area, although there is a risk of flooding, due to the limited vulnerability. This is however subject to conditions regarding details of the proposed SUDS arrangements, ensuring that there is no land raising on site and to limit storage within the building to above flood levels. Environmental Health (Noise Odour) 29 No objection, subject to conditions to control delivery times, lighting and plant and equipment noise. Development Contributions Officer 30 No contributions required as site is out with the Transportation Contributions Area. Commercial Waste Team 31 Bin store provision is acceptable.
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Representations 32 Five objections have been received, including from Errol Community Council. The main issues raised within the are: • Visual and landscape impact • Inappropriate land use • Loss of open space • Traffic generation • Contrary to Development Plan • Out of character with area • Over intensive development • Loss of agricultural land • Out of date supporting information • Flood risk • Unauthorised works on site 33 These issues are addressed in the Appraisal section of the report. ADDITIONAL STATEMENTS 34 Screening Opinion EIA Not Required Environmental Impact Assessment (EIA): Environmental Report Not Required 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 Landscape Design Statement Supporting Statement APPRAISAL 35 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, which are outlined above. Policy Appraisal 36 NPF4 generally seeks to ensure that development is focussed within towns and cities but acknowledges the need to sustain rural economies while protecting the
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countryside where it genuinely contributes to the policy outcomes. However, suburbanisation of the countryside and unsustainable travel and development patterns should be avoided. 37 This principle is also evident in Perth and Kinross Local Development Plan 2019 (LDP2), with Policy 6: Settlement Boundaries stipulating that development out with settlement boundaries in the Plan will not be permitted. 38 As the proposal is not located within a settlement boundary, such as Inchture or Grange/Errol Airfield it therefore fails to comply with the principle of Policy 6 of the LDP2. However, there are exceptions to this presumption through Policy 8: Rural Business Diversification of the LDP2 and Policy 29: Rural Development of NPF4. 39 Policy 8 of the LDP2 also allows for rural businesses to be created, although such development will require to either involve diversification of an existing business or be related to an existing site-specific resource or opportunity. Policy 29: Rural Development of NPF4 is similar and seeks to encourage rural economic activity of certain types. These include farm crofts, diversification of existing businesses, product and processing facilities for local produce and materials, essential community services, essential infrastructure, reuse of a redundant or unused building, appropriate use of a historic environment assets or appropriate enabling development, reuse of brownfield land, small scale developments that support remote/home working, improvement or restoration of the natural environment. NPF4 goes on to state that rural development should be appropriately scaled, sited and designed to be in keeping with the character of the area. Proposals also require to contribute towards local living and take account of transport needs. It should be noted that the Scottish Government have indicated that NPF4 should now be given primacy over the Local Development Plan in decision making. These considerations are discussed below. Land Use 40 The proposal is effectively a revised proposal from the previously approved scheme for a similar if slightly smaller Class 6 proposal, adding a further 319sqm, to provide a total of 1200 sqm of floorspace. 41 As was the case with that 2017 planning permission, in terms of land use acceptability this application requires to be assessed against the requirements of Policy 8 of the LDP2 and now also Policy 29: Rural Development of NPF4. 42 Policy 8 of the LDP2 offers support for the expansion of existing businesses providing certain criteria can be met and achieved. In this respect the first preference of the policy is to direct new businesses to within or adjacent to existing settlements. As has been set out above, whilst there are existing buildings at Valleyfield Farm in light industrial use, the site is not located within or adjacent to an existing settlement.
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43 This takes us to considerations for proposals out with settlements, in this respect Policy 8 of LDP2 and 29 of NPF4 state that proposals for the expansion of existing business may be acceptable where they: offer opportunities to diversify an existing business; or are related to a site specific resource or opportunity - providing that the proposal would contribute to the local economy by providing permanent employment or existing buildings are re-used. 44 As discussed, the existing buildings at Valleyfield are used for light industry and storage, as granted by the extant planning permission. The supporting statement clearly sets out that the proposed unit is to be used solely for storage and distribution, which suggests it would operate differently from the established light industry and general storage buildings adjacent, and this would allow for the current site to diversify. 45 Policies 8 and 29 of NPF4 emphasise the importance of diversifying an existing business. The new building proposes Class 6 storage and distribution which is considered to result in some diversification of the site which currently operates as Class 4 Light Industry. It is also the case that there is a close use link (via the use classes order) between Class 4 (business/light industry) and Class 6 (storage and distribution). Therefore, to ensure the proposal involves diversification of the existing offer at the wider site a condition is recommended (Condition 3) which states that only a use falling within Class 6, Storage and Distribution is approved and that any Class 4 use would require planning permission. This reflects the approach consented in 2015. That way, regardless of the uses of the existing buildings new storage and distribution floor space would be created. This is considered to align more appropriately with the requirements of Policy 8 of LDP2 and Policy 29 of NPF4 given the diversification which would result rather than allowing unrestricted movement between Class 6 and 4 which would normally be allowed. 46 In addition to the need to offer a degree of diversification, Policies 8 of the LDP2 and 29 of NPF4 also seeks to ensure that new rural developments are acceptable in landscape terms. This reflects why there is a presumption for the re-use of existing buildings, which of course, would have less of an impact than the erection of a new building. In this case the existing buildings at Valleyfield Farm have already been reused, so there is no scope to further develop and expand the business operations at Valleyfield Farm without the need for new buildings. 47 Nevertheless, the building is proposed in a similar position to the 2017 permission and behind the existing buildings. This ensures it will be seen in the context of the existing building group at Valleyfield. It is also located on an area of the site which is already primarily hardstanding and like the conclusions reached in 2017 the proposals are considered to be acceptable in visual amenity terms. 48 Perth & Kinross Council aims to promote new business developments which have the potential to offer economic benefit to both the local area and the wider council area of Perth & Kinross. The fact that the existing units at Valleyfield Farm appear to be operating near to (if not at) their capacity and the location of the site -
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only minutes from a major trunk road network, is clearly one which is both attractive and economically beneficial to businesses and potential employers. The supporting statement also indicates that the existing buildings are fully let (although this is disputed by objectors) and there has been strong interest from national operators to locate at the site, given its strategic location between Perth and Dundee. 49 To this end, assessing whether or not the proposal can be supported is influenced by whether or not the economic benefit that the proposal could bring outweighs the tension over whether or not the proposed Class 6 use results in a suitable diversification of the existing Class 4 'light industry' uses. 50 Given the previous consent on the site and the proposed integrated new landscaping proposals (which is referenced in more detail below), the proposal is considered to be acceptable in land use terms. Any additional units beyond the site (which the applicant has suggested may be forthcoming via other planning applications), are not guaranteed to obtain the same positive recommendation and would be assessed on their own merits in terms of the Development Plan. Residential Amenity 51 Policy 56 of the LDP2 relates to noise pollution and states that there is a presumption against the siting of development which will generate high levels of noise in the locality of existing noise sensitive land uses. Policy 23(e) of NPF4 also seeks to ensure this. 52 Planning control has a duty to future occupiers not to create situations of potential conflict between neighbours. 53 As with all proposals, it is expected and anticipated that existing residential amenity enjoyed by existing dwellinghouses will be protected, as well as the amenity associated with any proposed dwellings. 54 Whilst there are dwellings adjacent to the site, these are within the applicants' control, and it is understood these were partly used (historically) for office purposes. In terms of the impact on third party residential dwellings, the closest dwelling is located approximately 140 metres to the east, and to this end there is not considered to any impact on existing residential amenity, a view shared by the Council's Environmental Health (EH) team. EH also advise that the wider site has operated commercially for a number of years and no noise complaints have been received. Conditions (Conditions 4, 5 and 6) are recommended to control the timing of servicing and deliveries to the site, plant and equipment noise and lighting. 55 Subject to the above conditions the proposal is considered to comply with Policy 56 of LDP2 and Policy 23(e) of NPF4.
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Design, Layout, Visual Amenity and Landscape 56 Generally, the design and scale of development should respect its surroundings and adhere to Policies 1A and B of LDP2 which relate to placemaking and Policy 14 of NPF4 which seeks to deliver well designed development. Further guidance is also provided within the associated Placemaking Supplementary Guidance. The proposal also requires the landscape character of the area to be respected and meet the requirements of Policy 39 of the LDP2. Policy 4(a) of NPF4 is also applicable and seeks to ensure that the development does not have an unacceptable impact on the natural environment. 57 As outlined above the building, whilst larger than the 2017 approval, is located in a similar position, to the immediate north of the existing building on an area of existing hardstanding. It will therefore be viewed in context with the existing buildings and will be largely screened from the public road by those buildings. Furthermore, when viewed from the north over longer distances it will be seen with a backdrop of the existing buildings. This is considered to comply with the requirements of Policies 1A and B: Placemaking of the LDP2 and Policy 4 of NPF4. 58 The site is located within the Sidlaw Hills Local Landscape Area which extends to the northern side of the A90. Policy 39 of the LDP2 and the associated Supplementary Guidance seeks to ensure that distinctive characteristics and features of the Council's landscapes are not adversely affected by new, individual developments or cumulative developments. 59 As stated above, the revised location of the proposed new building is set close to the existing buildings and will be seen in the context of a well-established existing commercial operation and therefore its overall impact is considered to be limited. It is also proposed to be finished in a green profiled metal cladding which will also help to limit its visual impact. 60 It is also the case that the applicant has proposed to increase the landscape buffer surrounding the site, which will (in time) improve the views of the site from far and wide. It is noted that aspects of landscaping have unfortunately failed over recent years, therefore conditions 8 and 9 are recommended to ensure it is fully implemented and maintained. Details of the proposed landscaping have been submitted and seek to address the failures and despite being dated 2015 is considered to be acceptable in terms of species and density. This is considered to be in line with the requirements of Policy 39, which seeks to promote landscape enhancement and mitigation schemes. 61 Conditions are also recommended to ensure that details of the lighting for the building, including light spill details and proposed hours of operation (condition 6) are submitted for agreement and to ensure that no outdoor storage of material, crates, containers etc is permitted outside the building to ensure that the site is kept in a clean and tidy condition (Condition 7).
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62 The proposal therefore considered to accord with Policies 1A and B and 39 of LPD2 and Policy 14 of NPF4. Roads and Access 63 The application site is a well-established commercial operation and the light industrial use of the site was accepted under previous permissions partly because of the sites location and ease of connection to the Inchmichael interchange of the A90 trunk road. 64 Transportation and Development have commented on the proposal and raised no issues in terms of the access arrangements or traffic movements given the existing road network and ease of connection to the trunk road. 65 It is noted that NPF4 identifies six qualities for successful spaces and references the importance of connected places which are designed for supporting active travel to encourage sustainable transport use. 66 Criteria b) and g) of Policy 8 of the LDP2 relate to unsustainable travel patterns and the capacity of the local road network to accommodate the development. NPF4 also highlights this. Transport Planning have not raised any specific concerns in relation to the latter but it is accepted that there will be increased traffic movements associated with the operation of the site but the local road network is considered to be capable of accommodating these movements. The site is also located close to the National Cycle Network which runs alongside the A90 and therefore is easily accessible for staff and visitors by bicycle. In order to encourage use of sustainable transport options to some degree a condition is recommended to ensure the provision of cycle parking facilities within the site (Condition 14). 67 This condition will also ensure the provision of a disabled parking bay within the site. 68 The proposal is therefore considered to accord with Policy 60B of LDP2 and NPF4. Drainage and Flooding 69 In terms of flooding issues, the site lies within a functional flood plain as defined in SEPA's flooding maps. Within functional flood plains, there is a presumption against new development to ensure that new developments are not at risk to flooding and that displacement of flood waters does not occur. The proposal has been reviewed by the Council's Structures and Flooding Team who have indicated that in accordance with SEPA's Land Vulnerability Guidance this type of development is considered to be acceptable within the functional flood plain. 70 The applicant has indicated that they proposed to use a SUDS scheme to deal with general surface water, and the location of this within a functional flood plan
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would normally be contrary to the requirements of the Local Development Plan which seeks to ensure that new surface water drainage measures should have a neutral or better effect on the risk of flooding both on and off the site, taking account of rain falling on the site and run-off from adjacent areas. However, instead of an above ground SUDS, the applicant does have an option of underground tanks, which would not increase the risk of flooding on the site and would have a neutral or better effect on the surface - providing that the tanks are created without any land raising. This is identical to the approach agreed as part of the 2017 permission. 71 Fairhurst prepared a Drainage Technical Note which was approved as part of the 2017 permission which explained how surface water flood risk would be addressed on site and included the use of underground tanks and various other measures. This information now requires to be updated to reflect the increased footprint of the building and this can be secured by Condition 11. 72 Condition 10 is also recommended to ensure that no land raising occurs on site. 73 The Council's Structures and Flooding Team have also recommended a condition (Condition 12) to ensure that a management plan for the building is submitted with controls the storage of all materials within the building above the 1 in 200 year flood level + 39 % climate change + 600mm freeboard to ensure that in the event of a flood all materials are above the flood level and no pollution incidents occur. 74 Subject to these conditions the proposal is considered to comply with the requirements of Policy 52 of LDP2 and Policy 22 of NPF4. Loss of Agricultural Land 75 There will be a small area of agricultural land which will be permanently lost. However, the scale of the area is minimal, and would not have a material impact on the functionality of the farm or land stock in the area. Furthermore, the site is very similar in terms of footprint to the previous permission and therefore there will be no substantial increase in the use of agricultural land compared with the previous permission. Developer Contributions 76 The application site is out with the Transportation Contributions area and therefore no developer contribution is required. Commencement of Development 77 Letters of representation have indicated that works on site have commenced. Upon being made aware of this the Planning Authority advised the applicant's agent that all works on site should cease pending the outcome of the planning application. Whilst this situation is unfortunate it does not prevent the determination of this application.
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Supporting Information 78 Letters of representation have raised concerns that the supporting information submitted with the application is out of date and that it references out of date Local Development Plans. This is correct, nevertheless the Planning Authority's assessment, as outlined, above is based upon the current policies of the LDP2 and NPF4 and is based upon a recent site visit so that the current circumstances on site can be considered. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 79 None required. DIRECTION BY SCOTTISH MINISTERS 80 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 81 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. 82 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.
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Reason - To ensure the development is carried out in accordance with the approved drawings and documents. 3. The premises shall be used solely for the purposes of storage and distribution, as defined as Class 6 of the Schedule to the Town and Country Planning (Use Classes) (Scotland) Order 1997, with no permitted change of use to Class 4 (business/light industry) or any other land use. Reason - In order to clarify the use of the building and to ensure that a diversification of existing uses is provided. 4. Servicing of and deliveries to the premises shall be carried out between 0700 and 1900 Monday to Saturday only, with no servicing or deliveries permitted on Sundays. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 5. 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 any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 6. Prior to the installation of any external lighting, the details of all external lighting shall be submitted for the further written agreement of the Council as Planning Authority. The scheme shall include details of light spill, brightness of the lighting and the proposed hours of operation. The agreed lighting scheme shall be implemented and maintained in full accordance with the agreed scheme. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality. 7. No storage of material, crates or containers shall take place outside the building and the site shall at all times be maintained in a clean and tidy condition. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 8. The detailed landscaping and planting scheme (document ref: 06 and 09) 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
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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; to ensure a satisfactory standard of local environmental quality. 9. Prior to the occupation of the development a landscape management plan, including long term design objectives, management responsibilities and maintenance schedules for all landscape areas shall be submitted to and agreed in writing by the Council as Planning Authority. The landscape management plan as agreed shall, where appropriate, include phased implementation concurrent with the development and shall be fully implemented to the satisfaction of the Council as Planning Authority. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. 10. Within the site boundaries (including the landscaped areas), no land raising shall take place. Reason - In order to ensure that flood risk is minimised. 11. Prior to the commencement of any works on site, precise details of the proposed surface water drainage scheme shall be submitted for the approval in writing by the Council as Planning Authority, including the timescales for its implementation. These details must include a full drainage impact assessment which takes into account surface water run-off from all surfaces (including paving/road surfaces) and the ground levels associated with the proposal. The proposal shall thereafter be implemented in full within the agreed timescales. Reason - In order to ensure that surface water arising from the development is adequately dealt with and that any SUDS does not increase flood risk elsewhere. 12. Prior to the building being brought into use, an operational management plan shall be lodged which explicitly controls the storage of flood sensitive material above the 1 in 200yr flood level + 39% + 600mm freeboard shall be submitted to the Council for approval. The approved measures shall be implemented in full to the satisfaction of the Council as Planning and Flooding Authority. Reason - In order to ensure that in the event of a flood, a pollution incident does not occur. 13. Prior to the commencement of development a detailed statement shall be submitted for the approval of the Council as Planning Authority 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. The approved measures shall thereafter be implemented to the satisfaction of the Council as Planning Authority.
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Reason - In order to demonstrate compliance with both Policy 32 of the local development plan and the carbon emissions reduction set by Scottish Building Standards. 14. Prior to the commencement of any development on site a revised site plan shall be submitted for the written approval of the Planning Authority which demonstrates the provision of a disabled parking bay and provision of 5 cycle parking bays within the site. The details, as approved in writing shall be implemented as part of the site development and maintained thereafter. Reason - To ensure provision of disabled parking provision and cycle parking on 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 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. Background Papers: 5 letters of representation Author: John Williamson Date: 5 May 2023 DAVID LITTLEJOHN HEAD OF PLANNING & DEVELOPMENT