Agenda Document Pack - Planning and Placemaking Committee - 17/05/2023
Perth and Kinross Council · 17 May 2023
Back to Planning and Placemaking Committee — 17 May 2023 and its agenda
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Securing the future… • Improving services • Enhancing quality of life • Making the best use of public resources Council Building 2 High Street Perth PH1 5PH 09/05/2023 A hybrid meeting of the Planning and Placemaking Committee will be held in the Council Chamber on Wednesday, 17 May 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 Page 1 of 82
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Planning and Placemaking Committee Wednesday, 17 May 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 19 APRIL 2023 FOR APPROVAL (copy herewith) 5 - 20 4 DEPUTATIONS 5 APPLICATION FOR DETERMINATION 5(1) LOCAL APPLICATION 5(1)(i) 23/00103/FLL - ERECTION OF STORAGE AND DISTRIBUTION BUILDING (CLASS 6), FORMATION OF LANDSCAPING, DRAINAGE AND ASSOCIATED WORKS, LAND 100 METRES NORTH WEST OF VALLEYFIELD FARM, ERROL Report of Handling by Head of Planning and Development (copy herewith 23/136) 21 - 40 6 PROPOSAL OF APPLICATION NOTICES (PAN) 6(i) 23/00001/PAN - MIXED USE DEVELOPMENT COMPRISING OF 19 BAY GOLF DRIVING RANGE WITH CAFÉ (CLASS 3), RETAIL UNIT (CLASS 1), FORMATION OF PARKING AND ASSOCIATED WORKS, LAND 240 METRES NORTH EAST OF LETHANGIE WASTE WATER TREATMENT WORKS, KINROSS Pre-Application Report by Head of Planning and Development (copy herewith 23/137) 41 - 50 Page 3 of 82
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6(ii) 23/00002/PAN - REDEVELOPMENT OF 18-HOLE GOLF COURSE TO 9 HOLES, ALTERATIONS AND EXTENSION TO CLUBHOUSE TO FORM SPORTS COMMUNITY HUB BUILDING, ERECTION OF 200 DWELLINGHOUSES, FORMATION OF OPEN/AMENITY SPACE, LANDSCAPING, PARKING, FOOTPATHS AND ASSOCIATED WORKS AT CRAIGIE HILL GOLF CLUB, CHERRYBANK, PERTH Pre-application Report by Head of Planning and Development (copy herewith 23/138) 51 - 62 6(iii) 23/00003/PAN - RESIDENTIAL DEVELOPMENT COMPRISING OF 5 BLOCKS OF AFFORDABLE FLATS AND ASSOCIATED WORKS AT FORMER HILLSIDE HOSPITAL, DUNDEE ROAD, PERTH Pre-Application Report by Head of Planning and Development (copy herewith 23/139) 63 - 72 6(iv) 23/00004/PAN - ERECTION OF 50 DWELLINGHOUSES, FORMATION OF SUDS, LANDSCAPING, FOOTPATHS AND ASSOCIATED WORKS (ALLOCATED SITE H24), LAND 150 METRES SOUTH WEST OF MONCUR FARM, MONCUR ROAD, INCHTURE Pre-Application Report by Head of Planning and Development (copy herewith 23/140) 73 - 82 Page 4 of 82
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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 19 April 2023 at 9:30am. Present: Councillors I Massie and G Stewart, Bailies C Ahern (Substituting for Bailie C McLaren) and M Williamson, Councillors H Anderson, B Brawn, D Cuthbert, E Drysdale, A Forbes (Substituting for Councillor I James), D Illingworth, B Leishman, C Reid and R Watters. In Attendance: S Panton, L Reid, D Salman, K Smith, and P Williamson (all Communities); A Brown, G Fogg, J Guild and R Ramsay (all Corporate and Democratic Services). Apologies: Bailie C McLaren and Councillor I James. 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 Item 5(2)(i) – 22/01981/FLL. 3. MINUTES The minute of meeting of the Planning and Placemaking Committee of 22 March 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. 22/00115/FLL 5(2)(iii) 5. APPLICATIONS FOR DETERMINATION (1) Major Applications (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 Resolved: Grant, subject to the following conditions, terms and informatives: 3 Page 5 of 82
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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. 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 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 Page 6 of 82
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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. 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 Page 7 of 82
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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. 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 Page 8 of 82
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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. 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. 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 Page 9 of 82
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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. 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. Page 10 of 82
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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: • 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. HAVING DECLARED AN INTEREST IN THE FOLLOWING ITEM, COUNCILLOR B BRAWN LEFT THE CHAMBER. (2) Local Applications (i) 22/01981/FLL – Erection of a dwellinghouse land north of Eskbank, 55 George Street, Blairgowrie PH10 6HP Resolved: 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 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 Page 11 of 82
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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. 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). Page 12 of 82
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Reason – To ensure the provision of effective drainage for the site. 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. 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 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 Page 13 of 82
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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. COUNCILLOR B BRAWN RETURNED TO THE CHAMBER. (ii) 22/02005/FLL – Erection of a dwellinghouse (in part retrospect), land 40 metres north of Easter Achtar, Fearnan, Aberfeldy Motion (Councillor D Cuthbert) Refuse, as the proposal is contrary to Policy 1B(c) of the Perth and Kinross Local Development Plan 2 (2019), due to the black finish and visibility from Drummond Hill. In line with Standing Order 18.3, as no seconder to the amendment was forthcoming, the motion subsequently fell. Motion (Councillor D Illingworth and B Brawn) 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. Page 14 of 82
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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. 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. 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. Page 15 of 82
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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. 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. Page 16 of 82
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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. Resolved: In accordance with the Motion. (iii) 23/00115/FLL – Formation of forestry track, Auchingarrich Forest, Comrie Ms Gillian Fleming and Councillor Stewart Donaldson, objectors to the application, followed by Mr Gavin Mann, on behalf of the applicant, addressed the Committee and answered Members’ questions. Motion (Councillors D Illingworth and C Reid) Grant, subject to the following conditions, terms and informatives, including a condition to restrict transport movements from 8am onwards only: 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, 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; Page 17 of 82
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(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. 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 Page 18 of 82
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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. 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. 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 Page 19 of 82
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or septic drainage infrastructure in the development area are honoured throughout and after completion of the development. Page 20 of 82
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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. 5(1)(i) Page 21 of 82
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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 Page 22 of 82
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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. Page 23 of 82
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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. Page 24 of 82
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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. Page 25 of 82
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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 Page 26 of 82
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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. Page 27 of 82
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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 - Page 28 of 82
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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. Page 29 of 82
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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). Page 30 of 82
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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 Page 31 of 82
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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. Page 32 of 82
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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. Page 33 of 82
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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 Page 34 of 82
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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. Page 35 of 82
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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 Page 36 of 82
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23/00103/FLL Erection of storage and distribution building (class 6), formation of landscaping, drainage and associated works, Land 100 Metres North West Of Valleyfield Farm, Errol Planning and Placemaking Committee - 17 May 2023 Created by Kirsty Strong on 25 April 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) Page 37 of 82
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23/00103/FLL Erection of storage and distribution building (class 6), formation of landscaping, drainage and associated works, Land 100 Metres North West Of Valleyfield Farm, Errol Planning and Placemaking Committee - 17 May 2023 Created by Kirsty Strong on 25 April 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) Page 39 of 82
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Perth and Kinross Council Planning and Placemaking Committee – 17 May 2023 Pre-Application Report by Head of Planning and Development (Report No. 23/137) Mixed use development comprising of 19 bay golf driving range with cafe (class 3), retail unit (class 1), formation of parking and associated works on land 240 metres north east of Lethangie Waste Water Treatment Works, Kinross Ref. No: 23/00001/PAN Ward No: P8 – Kinross-shire Summary This report is to inform Committee of a potential forthcoming planning application in respect of a major development for Mixed Use development comprising of 19 bay golf driving range with cafe (class 3), retail unit (class 1), formation of parking and associated works at Land 240 Metres North East Of Lethangie Waste Water Treatment Works, Kinross. The report also aims to highlight the key planning policies and the likely stakeholders who would be involved in the decision making process, and to offer a brief overview of the key planning issues which are likely to be relevant to the proposal. BACKGROUND AND DESCRIPTION 1 In accordance with the provisions of the Town & Country Planning (Scotland) Act 1997 (as amended), the applicants submitted a Proposal of Application Notice (PoAN) on 10 March 2023. The purpose of this report is to inform the Planning and Placemaking Committee of a forthcoming planning application in respect of a major development for a mixed use development comprising of 19 bay golf driving range with cafe (class 3), retail unit (class 1), formation of parking and associated works at Land 240 Metres North East Of Lethangie Waste Water Treatment Works, Kinross. 2 Pre-application reports give the Committee an opportunity to raise issues which it would like to see addressed in the planning application. 3 This PoAN seeks to formally establish a major development comprising a mixed use development comprising of 19 bay golf driving range with cafe (class 3), retail unit (class 1), formation of parking and associated works. The exact range of uses, scale and design of the development will be arrived at during pre-application discussions. 6(i) Page 41 of 82
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ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 4 Due to the scale of the proposal it will require to be screened as to whether the proposal is an EIA development under the EIA 2017 Regulations. A screening request is required to be submitted by the applicant. PRE-APPLICATION PROCESS 5 The PoAN (reference 23/00001/PAN) confirmed that a public exhibition will be held at Milnathort Golf Club Clubhouse, South Street, Milnathort, KY13 9XA on Tuesday 18th April 2023 between 2pm-8pm and a second event will be held at Kinross Golf Club Clubhouse on Tuesday 9th May 2023 between 2pm- 8pm. The Ward Councillors, Milnathort and Orwell Community Council, and Kinross Community Council have been notified. The results of the community consultation will be submitted with the planning application as part of the required Pre-Application Consultation (PAC) Report. DEVELOPMENT PLAN 6 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 7 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. 8 NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 9 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crisis • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 5: Soils • Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 20: Blue and Green Infrastructure • Policy 21: Play, Recreation and Sport • Policy 22: Flood Risk and Water Management • Policy 23: Lifelong Health & Wellbeing • Policy 25: Community Wealth Building Page 42 of 82
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• Policy 26: Business and Industry • Policy 28: Retail • Policy 29: Rural Development Perth and Kinross Local Development Plan 2019 10 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. 11 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 8: Rural Business and Diversification • Policy 13: Retail and Commercial Leisure Proposals • Policy 15: Public Access • Policy 26B: Archaeology • Policy 32: Embedding Low and Zero Carbon Generating Technology in New Development • Policy 38B: Environment and Conservation: National Designations • Policy 38C: Environment and Conservation: Local Designations • Policy 39: Landscape • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and • Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 46A: Loch Leven Catchment Area • Policy 46B: Loch Leven Catchment Area • Policy 50: Prime Agricultural Land • Policy 51 Soils • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • 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 55: Nuisance from Artificial Light and Light Pollution • Policy 56: Noise Pollution • Policy 58A: Contaminated and Unstable Land: Contaminated Land • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals • Policy 61: Airfield Safeguarding Page 43 of 82
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OTHER POLICIES 12 The following non statutory guidance and documents are of particular importance in the assessment of this application:- • Perth and Kinross Local Transport Strategy (2010) • Perth and Kinross Community Plan 2013/2023 • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity NATIONAL GUIDANCE 13 The Scottish Government expresses its planning policies and guidance through the National Planning Framework, Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Planning Advice Notes 14 The following Scottish Government Planning Advice Notes are likely to be of relevance to the proposal:- • PAN 1/2011 Planning and Noise • PAN 2/2011 Planning and Archaeology • PAN 3/2010 Community Engagement • PAN 33 Development of Contaminated Land • PAN 40 Development Management • PAN 43 Golf Courses and Associated Developments • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 73 Rural Diversification • PAN 75 Planning for Transport PLANNING SITE HISTORY 15 17/00002/PAN On 28 February 2017 for Erection of holiday park, visitor centre (ancillary cafe/restaurant with commercial space), with supporting recreational infrastructure. 16 17/00197/SCRN On 15 March 2017 for Proposed tourism development - erection of a holiday park, visitor centre (ancillary cafe/ restaurant with commercial space), with supporting recreational infrastructure. Page 44 of 82
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17 17/01096/SCRN On 30 August 2017 for Erection of holiday park, visitor centre (ancillary cafe/restaurant with commercial space), with supporting recreational infrastructure. CONSULTATIONS 18 As part of the planning application process the following would be consulted – External • Scottish Environment Protection Agency • NatureScot • Scottish Water • Perth and Kinross Heritage Trust • Milnathort and Orwell Community Council • Kinross Community Council • Balado Airfield Internal • Environmental Health • Development Contributions Officer • Community Greenspace • Transportation and Development • Structures and Flooding • Waste Services • Biodiversity Officer KEY ISSUES AGAINST WHICH A FUTURE APPLICATION WILL BE ASSESSED 19 The key considerations against which the eventual application will be assessed include: a. Visual Impact b. Scale, Design and Layout c. Relationship to Nearby Land Uses d. Natural Heritage and Ecology e. Landscape f. Water Resources and Soils g. Air Quality h. Transport Implications i. Tourism and Economy j. Impact on Agriculture k. Archaeology and Cultural Heritage ADDITIONAL STATEMENTS WHICH WILL BE REQUIRED 20 Should an EIA Report not be required the following supporting documents will need to be submitted with any planning application: Page 45 of 82
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- Planning Statement - Design and Access Statement - Pre-Application Consultation (PAC) Report - Leisure/Economic Impact Assessment - Transport Assessment - Flood Risk and Drainage Assessment - Landscape and Visual Impact Assessment - Tree and Woodland Survey - Habitat Survey - Archaeological Assessment - Sustainability Assessment CONCLUSION AND RECOMMENDATION 21 This report summarises the key issues which should be considered as part of the appraisal of any subsequent planning application which may be lodged in respect of this development and members are recommended to note these key issues and advise officers of any other issues which they consider should be included as part of the application and assessment. Background Papers: None Contact Officer: Kirsty Strong Date: 5 May 2023 DAVID LITTLEJOHN HEAD OF PLANNING & DEVELOPMENT Page 46 of 82
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23/00001/PAN Mixed use development comprising of 19 bay golf driving range with cafe (class 3), retail unit (class 1), formation of parking and associated works Land 240 Metres North East Of Lethangie Waste Water Treatment Works Kinross Planning and Placemaking Committee - 17 May 2023 Created by Kirsty Strong on 25 April 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 6(i) Page 47 of 82
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23/00001/PAN Mixed use development comprising of 19 bay golf driving range with cafe (class 3), retail unit (class 1), formation of parking and associated works Land 240 Metres North East Of Lethangie Waste Water Treatment Works Kinross Planning and Placemaking Committee - 17 May 2023 Created by Kirsty Strong on 25 April 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 6(i) Page 49 of 82
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Perth and Kinross Council Planning and Placemaking Committee – 17 May 2023 Pre-Application Report by Head of Planning and Development (Report No. 23/138) Re-development of 18-hole golf course to 9 holes, alterations and extension to clubhouse to form sports community hub building, erection of 200 dwellinghouses, formation of open/amenity space, landscaping, parking, footpaths and associated works at Craigie Hill Golf Club, Cherrybank, Perth, PH2 0NE Ref. No: 23/00002/PAN Ward No: P10 – Perth City South Summary This report is to inform the Committee of a potential forthcoming planning application in respect of a major development for Re-development of 18-hole golf course to 9 holes, alterations and extension to clubhouse to form sports community hub building, erection of 200 dwellinghouses, formation of open/amenity space, landscaping, parking, footpaths and associated works at Craigie Hill Golf Club, Cherrybank, Perth, PH2 0NE. The report also aims to highlight the key planning policies and the likely stakeholders who would be involved in the decision making process, and to offer a brief overview of the key planning issues which are likely to be relevant to the proposal. BACKGROUND AND DESCRIPTION 1 In accordance with the provisions of the Town & Country Planning (Scotland) Act 1997 (as amended), the applicants submitted a Proposal of Application Notice (PoAN) on 15 March 2023. The purpose of this report is to inform the Planning and Placemaking Committee of a forthcoming planning application in respect of a major development for Re-development of 18-hole golf course to 9 holes, alterations and extension to clubhouse to form sports community hub building, erection of 200 dwellinghouses, formation of open/amenity space, landscaping, parking, footpaths and associated works at Craigie Hill Golf Club, Cherrybank, Perth, PH2 0NE. 2 Pre-application reports give the Committee an opportunity to raise issues which it would like to see addressed in the planning application. 3 This PoAN seeks to formally establish a major development comprising the re-development of 18-hole golf course to 9 holes, alterations and extension to clubhouse to form sports community hub building, erection of 200 dwellinghouses, formation of open/amenity space, landscaping, parking, footpaths and associated works. The exact range of uses, scale and design of the development will be arrived at during pre-application discussions. 6(ii) Page 51 of 82
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ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 4 Due to the scale of the proposal it will require to be screened as to whether the proposal is an EIA development under the EIA 2017 Regulations. It is noted that a screening opinion has already been provided, reference 22/02017/SCRN, and is not subject of an EIA development. PRE-APPLICATION PROCESS 5 The PoAN (reference 23/00002/PAN) confirmed that a public exhibition will be held at Craigie Hill Golf Club, Cherrybank, Perth, PH2 0NE, on 19 April 2023 between 7.30pm – 9pm for club members, a second event will be held on Thursday 20 April 2023 between 2pm – 8pm and a third event on Sunday 23 April 2023 between 1pm – 4pm. A second series of events will be held and the dates for these will be confirmed in due course. The Ward Councillors, MSP Jim Fairlie and MP Pete Wishart have been notified. It is noted that the City South Community Council is disbanded. The results of the community consultation will be submitted with the planning application as part of the required Pre-Application Consultation (PAC) Report. DEVELOPMENT PLAN 6 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 7 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. 8 NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 9 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Sustainable Places • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 5: Soils • Policy 6: Forestry, Woodland and Trees • Policy 8: Greenbelts • Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 15: Local Living and 20 Minute Neighbourhoods Page 52 of 82
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• Policy 16: Quality Homes • Policy 17: Rural Homes • Policy 18: Infrastructure First • Policy 19: Heat and Cooling • Policy 20: Blue and Green Infrastructure • Policy 21: Play, Recreation and Sport • Policy 22: Flood Risk and Water Management • Policy 24: Digital Infrastructure • Policy 26: Business and Industry • Policy 28: Retail • Policy 29: Rural Business and Diversification • Policy 31: Culture and Creativity Perth and Kinross Local Development Plan 2019 10 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. 11 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 1C: Placemaking • Policy 1D: Placemaking • Policy 2: Design Statements • Policy 3: Perth City • Policy 4: Perth City Transport and Active Travel • Policy 5: Infrastructure Contributions • Policy 6: Settlement Boundaries • Policy 8: Rural Business and Diversification • Policy 13: Retail and Commercial Leisure Proposals • Policy 14A: Open Space Retention and Provision: Existing Areas • Policy 14B: Open Space Retention and Provision: Open Space within New Developments • Policy 15: Public Access • Policy 16: Social, Cultural and Communities Facilities • Policy 17: Residential Areas • Policy 18: Pubs and Clubs in Residential Areas • Policy 19: Housing in the Countryside • Policy 20: Affordable Housing • Policy 22: Particular Needs Housing Accommodation • Policy 23: Delivery of Development Sites • Policy 24: Maintaining an Effective Housing Land Supply • Policy 25: Housing Mix • Policy 26B: Scheduled Monuments and Archaeology: Archaeology Page 53 of 82
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• Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 34A: Sustainable Heating & Cooling: Heat Networks, Major Development and LDP Site Allocations • Policy 38A: Environment and Conservation: International Nature Conservation Sites • Policy 39: Landscape • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 43: Green Belt • Policy 47: River Tay Catchment Area • Policy 51: Soils • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • 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 55: Nuisance from Artificial Light and Light Pollution • Policy 56: Noise Pollution • Policy 57: Air Quality • Policy 59: Digital Infrastructure • Policy 60B: Transport Standards and Accessibility Requirements: New • Development Proposals OTHER POLICIES 12 The following non statutory guidance and documents are of particular importance in the assessment of this application:- • Supplementary Guidance - Air Quality (adopted in 2020) • Supplementary Guidance - Open Space Provision for New Developments (adopted in 2021) • Supplementary Guidance - Placemaking (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Planning Guidance - Planning & Biodiversity Conservation areas • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Perth and Kinross Community Plan 2013/2023 • Perth City Plan 2015-2016 • Perth and Kinross Local Transport Strategy (2010) • Perth’s Transport Future Project: Phase 2 Cross Tay Link Road Preferred Route - Report by Depute Chief Executive, Environment (Sustainability, Strategic and Entrepreneurial Development) – 14 December 2016 Page 54 of 82
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NATIONAL GUIDANCE 13 The Scottish Government expresses its planning policies and guidance through the National Planning Framework, Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Planning Advice Notes 14 The following Scottish Government Planning Advice Notes are likely to be of relevance to the proposal:- • PAN 1/2011 Planning and Noise • PAN 2/2011 Planning and Archaeology • PAN 2/2010 Affordable Housing and Land Audits • PAN 3/2010 Community Engagement • PAN 40 Development Management • PAN 43 Golf courses and associated developments • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 65 Planning and Open Space • PAN 72 Housing in the Countryside • PAN 73 Rural Diversification • PAN 75 Planning for Transport PLANNING SITE HISTORY 15 87/00207/FUL Full planning permission was approved on 19 March 1987 for Erection of a gardeners store 16 88/01032/FUL Full planning permission was approved on 1 September 1988 for Extension at 17 98/01105/FUL Full planning permission was approved on 15 September 1998 for extensions to clubhouse at 18 01/01629/TD was approved on 30 April 2002 for Installation of a 12.5m slimline monopole, second polarised antenna and a 400mm microwave dish and equipment cabin at 19 04/01470/FUL Full planning permission was refused on 21 September 2004 for Installation of a 12m monopole, 6 No. antenna, 2 transmission dishes, radio equipment housing and ancillary development 20 05/00273/FUL Full planning permission was approved on 15 April 2005 for Installation of a 12m monopole, 6 antenna, 2 transmission dishes, radio equipment housing and associated ancillary development. 21 17/00852/FLL Full planning permission was approved on 20 June 2017 for Reinstatement of track and alterations to ground levels. Page 55 of 82
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22 22/02017/SCRN On 1 December 2022 for Proposed reconfiguration of existing golf course from 18 holes to 9 holes, re-development of existing clubhouse into new community hub building for golf, other sports and community uses and car parking area, erection of circa 200 residential dwellings, open/amenity space, landscaping, woodland planting, site access, new and upgraded footpath provision and associated works. CONSULTATIONS 23 As part of the planning application process the following would be consulted: External • Scottish Environment Protection Agency • NatureScot • Scottish Water • Transport Scotland • Perth and Kinross Heritage Trust • Sport Scotland Internal • Environmental Health • Planning and Housing Strategy • Development Contributions Officer • Community Greenspace • Transportation and Development • Structures and Flooding • Economic Development • Biodiversity Officer • Community Waste • Commercial Waste KEY ISSUES AGAINST WHICH A FUTURE APPLICATION WILL BE ASSESSED 24 The key considerations against which the eventual application will be assessed include: a. Visual Impact b. Scale, Design and Layout c. Relationship to Nearby Land Uses d. Natural Heritage and Ecology e. Landscape f. Water Resources and Soils g. Air Quality h. Transport Implications i. Tourism and Economy j. Impact on Agriculture k. Archaeology and Cultural Heritage Page 56 of 82
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ADDITIONAL STATEMENTS WHICH WILL BE REQUIRED 25 The following supporting documents will need to be submitted with any planning application: - Planning Statement - Design and Access Statement - Pre-Application Consultation (PAC) Report - Leisure/Economic Impact Assessment - Transport Assessment - Flood Risk and Drainage Assessment - Landscape and Visual Impact Assessment - Tree and Woodland Survey - Habitat Survey - Archaeological Assessment - Sustainability Assessment CONCLUSION AND RECOMMENDATION 26 This report summarises the key issues which should be considered as part of the appraisal of any subsequent planning application which may be lodged in respect of this development and members are recommended to note these key issues and advise officers of any other issues which they consider should be included as part of the application and assessment. Background Papers: None Contact Officer: Kirsty Strong Date: 5 May 2023 DAVID LITTLEJOHN HEAD OF PLANNING & DEVELOPMENT Page 57 of 82
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23/00002/PAN Re-development of 18-hole golf course to 9 holes, alterations and extension to clubhouse to form sports community hub building, erection of 200 dwellinghouses, formation of open/amenity space, landscaping, parking, footpaths and associated works at Craigie Hill Golf Club Cherrybank Perth PH2 0NE Planning and Placemaking Committee - 17 May 2023 Created by Kirsty Strong on 25 April 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 6(ii) Page 59 of 82
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23/00002/PAN Re-development of 18-hole golf course to 9 holes, alterations and extension to clubhouse to form sports community hub building, erection of 200 dwellinghouses, formation of open/amenity space, landscaping, parking, footpaths and associated works at Craigie Hill Golf Club Cherrybank Perth PH2 0NE Planning and Placemaking Committee - 17 May 2023 Created by Kirsty Strong on 25 April 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 6(ii) Page 61 of 82
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Perth and Kinross Council Planning and Placemaking Committee – 17 May 2023 Pre-Application Report by Head of Planning and Development (Report No. 23/139) Residential development comprising of 5 blocks of affordable flats and associated works at Former Hillside Hospital, Dundee Road, Perth Ref. No: 23/00003/PAN Ward No: P12 – Perth City Centre Summary This report is to inform the Committee of a potential forthcoming planning application in respect of a major development for Residential development comprising of 5 blocks of affordable flats and associated works at Former Hillside Hospital, Dundee Road, Perth. The report also aims to highlight the key planning policies and the likely stakeholders who would be involved in the decision making process, and to offer a brief overview of the key planning issues which are likely to be relevant to the proposal. BACKGROUND AND DESCRIPTION 1 In accordance with the provisions of the Town & Country Planning (Scotland) Act 1997 (as amended), the applicants submitted a Proposal of Application Notice (PoAN) on 21 March 2023. The purpose of this report is to inform the Planning and Placemaking Committee of a forthcoming planning application in respect of a major development for residential development comprising of 5 blocks of affordable flats and associated works at Former Hillside Hospital, Dundee Road, Perth. 2 Pre-application reports give the Committee an opportunity to raise issues which it would like to see addressed in the planning application. 3 This PoAN seeks to formally establish a major development comprising of residential development comprising of 5 blocks of affordable flats and associated works at Former Hillside Hospital, Dundee Road, Perth. The exact range of uses, scale and design of the development will be arrived at during pre-application discussions. ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 4 Due to the scale of the proposal it will require to be screened as to whether the proposal is an EIA development under the EIA 2017 Regulations. A screening request is required to be submitted by the applicant. 6(iii) Page 63 of 82
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PRE-APPLICATION PROCESS 5 The PoAN (reference 23/00003/PAN) confirmed that a public exhibition will be held at Kinnoull Parish Church, Dundee Road, Perth, PH2 7EY, on Tuesday 25 April between 4 – 7pm and a second event on 20 June 2023 between 4 – 7pm. The Ward Councillors, and Bridgend, Gannochy and Kinnoull Community Council have been notified. The results of the community consultation will be submitted with the planning application as part of the required Pre-Application Consultation (PAC) Report. DEVELOPMENT PLAN 6 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 7 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. 8 NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 9 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Sustainable Places • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 6: Forestry, woodland and trees • Policy 7: Historic Assets and Places • Policy 9: Brownfield, Vacant and Derelict Land and Empty Buildings • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 15: Local Living and 20 minute neighbourhoods • Policy 16: Quality Homes • Policy 18: Infrastructure First • Policy 19: Heat and Cooling • Policy 20: Blue and Green Infrastructure • Policy 26: Business and Industry • Policy 21: Play, Recreation and Sport • Policy 22: Flood Risk and Water Management • Policy 24: Digital Infrastructure Page 64 of 82
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Perth and Kinross Local Development Plan 2019 10 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. 11 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 1D: Placemaking • Policy 2: Design Statements • Policy 3: Perth City • Policy 4: Perth City Transport and Active Travel • Policy 5: Infrastructure Contributions • Policy 7B: Employment and Mixed Used Areas: Mixed Use Sites • Policy 14B: Open Space Retention and Provision: Open Space within New Developments • Policy 15: Public Access • Policy 17: Residential Areas • Policy 23: Delivery of Development Sites • Policy 25: Housing Mix • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 28A: Conservation Areas – New Development • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 34A: Sustainable Heating & Cooling: Heat Networks, Major Development and LDP Site Allocations • Policy 38B: Environment and Conservation: National Conservation Sites • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 47: River Tay Catchment Area • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • 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 55: Nuisance from Artificial Light and Light Pollution • Policy 56: Noise Pollution • Policy 57: Air Quality • Policy 58A: Contaminated and Unstable Land: Contaminated Land • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Page 65 of 82
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OTHER POLICIES 12 The following non statutory guidance and documents are of particular importance in the assessment of this application: • Planning Guidance - Delivery of Development Sites • Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC • Planning Guidance - Planning & Biodiversity • Conservation areas • Supplementary Guidance - Renewable & Low Carbon Energy (draft) • Developer Contributions Supplementary Guidance April 2016 • Perth and Kinross Community Plan 2013/2023 • Perth City Plan 2015-2016 • Perth and Kinross Local Transport Strategy (2010) NATIONAL GUIDANCE 13 The Scottish Government expresses its planning policies and guidance through the National Planning Framework, Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Planning Advice Notes 14 The following Scottish Government Planning Advice Notes are likely to be of relevance to the proposal – • PAN 2/2011 Planning and Archaeology • PAN 3/2010 Community Engagement • PAN 33 Development of Contaminated Land • PAN 40 Development Management • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 67 Housing Quality • PAN 68 Design Statements • PAN 73 Rural Diversification • PAN 75 Planning for Transport PLANNING SITE HISTORY 15 99/00555/OUT Outline planning permission was refused on 21 June 1999 for Demolish existing building and erect 11 detached dwellinghouses and 44 flats with associated roads, parking and landscaping (in outline) 16 01/01142/OUT application was withdrawn on 18 September 2001 for Demolition of existing hospital building, erection of a hotel and nursing home with associated assisted living housing and one private house (in outline) Page 66 of 82
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17 06/01241/FUL Full planning permission was approved on 31 May 2007 for Demolition of existing building and proposed mixed use development, health care and residential. 18 18/00011/PAN On 28 September 2018 for Residential development comprising dwellinghouses, apartments and affordable housing, access and open space including landscaping and SUDS with associated infrastructure and services. 19 20/01779/FLL Full planning permission was approved on 1 June 2021 for Erection of a care home, formation of vehicular access, parking areas, landscaping and associated works. 20 22/00916/FLL Full Planning Permission was Approved On 28 October 2022 for Erection of a care home, formation of vehicular access, parking areas, landscaping and associated works. CONSULTATIONS 21 As part of the planning application process the following would be consulted:- External • Scottish Environment Protection Agency • NatureScot • Scottish Water • Perth and Kinross Heritage Trust • Bridgend, Gannochy and Kinnoull Community Council Internal • Environmental Health – contaminated land, noise, odour • Planning and Housing Strategy • Development Contributions Officer • Community Greenspace • Transportation and Development • Structures and Flooding • Waste Services • Biodiversity Officer • Conservation KEY ISSUES AGAINST WHICH A FUTURE APPLICATION WILL BE ASSESSED 22 The key considerations against which the eventual application will be assessed include: a. Visual Impact b. Scale, Design and Layout Page 67 of 82
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c. Relationship to Nearby Land Uses d. Natural Heritage and Ecology e. Landscape f. Water Resources and Soils g. Air Quality h. Transport Implications i. Archaeology and Cultural Heritage ADDITIONAL STATEMENTS WHICH WILL BE REQUIRED 23 Should an EIA Report not be required the following supporting documents will need to be submitted with any planning application: • Planning Statement • Design and Access Statement • Pre-Application Consultation (PAC) Report • Leisure/Economic Impact Assessment • Transport Assessment • Flood Risk and Drainage Assessment • Landscape and Visual Impact Assessment • Tree and Woodland Survey • Habitat Survey • Archaeological Assessment • Sustainability Assessment CONCLUSION AND RECOMMENDATION 24 This report summarises the key issues which should be considered as part of the appraisal of any subsequent planning application which may be lodged in respect of this development and members are recommended to note these key issues and advise officers of any other issues which they consider should be included as part of the application and assessment. Background Papers: None Contact Officer: Kirsty Strong Date: 5 May 2023 DAVID LITTLEJOHN HEAD OF PLANNING & DEVELOPMENT Page 68 of 82
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23/00003/PAN Residential development comprising of 5 blocks of affordable flats and associated works at Former Hillside Hospital Dundee Road Perth Planning and Placemaking Committee - 17 May 2023 Created by Kirsty Strong on 25 April 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 6(iii) Page 69 of 82
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23/00003/PAN Residential development comprising of 5 blocks of affordable flats and associated works at Former Hillside Hospital Dundee Road Perth Planning and Placemaking Committee - 17 May 2023 Created by Kirsty Strong on 25 April 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 6(iii) Page 71 of 82
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Perth and Kinross Council Planning and Placemaking Committee – 17 May 2023 Pre-Application Report by Head of Planning and Development (Report No. 23/140) Erection of 50 dwellinghouses, formation of SUDS, landscaping, footpaths and associated works (allocated site H24) on land 150 metres south west of Moncur Farm, Moncur Road, Inchture Ref. No: 23/00004/PAN Ward No: P1 – Carse of Gowrie Summary This report is to inform the Committee of a potential forthcoming planning application in respect of a major development for the erection of 50 dwellinghouses, formation of SUDS, landscaping, footpaths and associated works (allocated site H24) at Land 150 Metres South West Of Moncur Farm, Moncur Road, Inchture. The report also aims to highlight the key planning policies and the likely stakeholders who would be involved in the decision making process, and to offer a brief overview of the key planning issues which are likely to be relevant to the proposal. BACKGROUND AND DESCRIPTION 1 In accordance with the provisions of the Town & Country Planning (Scotland) Act 1997 (as amended), the applicants submitted a Proposal of Application Notice (PoAN) on 27 March 2023. The purpose of this report is to inform the Planning and Placemaking Committee of a forthcoming planning application in respect of a major development for the erection of 50 dwellinghouses, formation of SUDS, landscaping, footpaths and associated works (allocated site H24) at Land 150 Metres South West of Moncur Farm, Moncur Road, Inchture. 2 Pre-application reports give the Committee an opportunity to raise issues which it would like to see addressed in the planning application. 3 This PoAN seeks to formally establish a major development comprising erection of 50 dwellinghouses, formation of SUDS, landscaping, footpaths and associated works (allocated site H24). The exact range of uses, scale and design of the development will be arrived at during pre-application discussions. ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 4 Due to the scale of the proposal it will require to be screened as to whether the proposal is an EIA development under the EIA 2017 Regulations. A screening request is required to be submitted by the applicant. 6(iv) Page 73 of 82
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PRE-APPLICATION PROCESS 5 The PoAN (reference 23/00004/PAN) confirmed that a public exhibition will be held at Inchture Village Hall, Main Street, Inchture PH14 9RN on Tuesday 24 April between 16.30 and 19.30 with a second event on Tuesday 20 June between 16.30 and 19.30. The Ward Councillors, MP, MSP and Inchture Area Community Council have been notified. The results of the community consultation will be submitted with the planning application as part of the required Pre-Application Consultation (PAC) Report. DEVELOPMENT PLAN 6 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 7 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. 8 NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 9 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Sustainable Places • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 16: Quality Homes • Policy 18: Infrastructure First • Policy 20: Blue and Green Infrastructure • Policy 21: Play, recreation and Sport • Policy 22: Flood Risk and Water Management • Policy 24: Digital Infrastructure • Policy 26: Business and Industry Perth and Kinross Local Development Plan 2019 10 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 Page 74 of 82
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population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 11 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 1D: Placemaking • Policy 2: Design Statements • Policy 5: Infrastructure Contributions • Policy 14B: Open Space Retention and Provision: Open Space within New Developments • Policy 15: Public Access • Policy 17: Residential Areas • Policy 20: Affordable Housing • Policy 23: Delivery of Development Sites • Policy 25: Housing Mix • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 28A: Conservation Areas: New Development • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 52: New Development and Flooding • 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 55: Nuisance from Artificial Light and Light Pollution • Policy 56: Noise Pollution • Policy 58A: Contaminated and Unstable Land: Contaminated Land • Policy 59: Digital Infrastructure • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals • Policy 61: Airfield Safeguarding OTHER POLICIES 12 The following non statutory guidance and documents are of particular importance in the assessment of this application:- • Planning Guidance - Delivery of Development Sites • Planning Guidance - Planning & Biodiversity • Conservation areas • Supplementary Guidance - Renewable & Low Carbon Energy (draft) • Developer Contributions Supplementary Guidance April 2016 Page 75 of 82
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• Perth and Kinross Community Plan 2013/2023 • Perth City Plan 2015-2016 • Perth and Kinross Local Transport Strategy (2010) • Perth’s Transport Future Project: Phase 2 Cross Tay Link Road Preferred Route - Report by Depute Chief Executive, Environment (Sustainability, Strategic and Entrepreneurial Development) – 14 December 2016 NATIONAL GUIDANCE 13 The Scottish Government expresses its planning policies and guidance through the National Planning Framework, Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Planning Advice Notes 14 The following Scottish Government Planning Advice Notes are likely to be of relevance to the proposal:- • PAN 2/2011 Planning and Archaeology • PAN 3/2010 Community Engagement • PAN 40 Development Management • PAN 51 Planning, Environmental Protection and Regulation • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 73 Rural Diversification • PAN 75 Planning for Transport PLANNING SITE HISTORY 15 17/00003/PAN On 22 March 2017 for Residential development at LDP site H24 16 17/00943/FLM Full Planning Permission Major application was Withdrawn On 28 September 2017 for Erection of 74no. dwellinghouses, formation of a SUDS pond, landscaping and associated works (allocated site H24) 17 17/02159/FLM Full Planning Permission Major was Refused On 15 March 2018 for Erection of 66no. dwellinghouses, formation of SUDS pond, landscaping and associated works (allocated site H24) 18 18/00232/SCRN On 5 March 2018 for Erection of 66no. dwellinghouses, formation of SUDS pond, landscaping and associated works (allocated site H24) 19 22/00014/PAN On 10 June 2022 for Erection of 50 dwellinghouses, formation of SUDS, landscaping, footpaths and associated works (allocated site H24) Page 76 of 82
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CONSULTATIONS 20 As part of the planning application process the following would be consulted – External • Scottish Environment Protection Agency • Scottish Water • Transport Scotland • Perth and Kinross Heritage Trust • Inchture Community Council • Dundee Airport • NatureScot • Historic Environment Scotland Internal • Environmental Health – Noise • Environmental Health – Contaminated Land • Planning and Housing Strategy • Development Contributions Officer • Community Greenspace • Transportation and Development • Structures and Flooding • Waste Services • Biodiversity Officer KEY ISSUES AGAINST WHICH A FUTURE APPLICATION WILL BE ASSESSED 21 The key considerations against which the eventual application will be assessed include: a. Visual Impact b. Scale, Design and Layout c. Relationship to Nearby Land Uses d. Natural Heritage and Ecology e. Landscape f. Water Resources and Soils g. Air Quality h. Transport Implications i. Impact on Agriculture j. Archaeology and Cultural Heritage ADDITIONAL STATEMENTS WHICH WILL BE REQUIRED 22 Should an EIA Report not be required the following supporting documents will need to be submitted with any planning application: • Planning Statement Page 77 of 82
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• Design and Access Statement • Pre-Application Consultation (PAC) Report • Leisure/Economic Impact Assessment • Transport Assessment • Flood Risk and Drainage Assessment • Landscape and Visual Impact Assessment • Tree and Woodland Survey • Habitat Survey • Archaeological Assessment • Sustainability Assessment CONCLUSION AND RECOMMENDATION 23 This report summarises the key issues which should be considered as part of the appraisal of any subsequent planning application which may be lodged in respect of this development and members are recommended to note these key issues and advise officers of any other issues which they consider should be included as part of the application and assessment. Background Papers: None Contact Officer: Kirsty Strong Date: 5 May 2023 DAVID LITTLEJOHN HEAD OF PLANNING & DEVELOPMENT Page 78 of 82
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23/00004/PAN Erection of 50 dwellinghouses, formation of SUDS, landscaping, footpaths and associated works (allocated site H24) at Land 150 metres South West of Moncur Farm Moncur Road Inchture Planning and Placemaking Committee - 17 May 2023 Created by Kirsty Strong on 25 April 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 6(iv) Page 79 of 82
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23/00004/PAN Erection of 50 dwellinghouses, formation of SUDS, landscaping, footpaths and associated works (allocated site H24) at Land 150 metres South West of Moncur Farm Moncur Road Inchture Planning and Placemaking Committee - 17 May 2023 Created by Kirsty Strong on 25 April 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 6(iv) Page 81 of 82
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