development management committee

PERTH AND KINROSS COUNCIL DEVELOPMENT MANAGEMENT COMMITTEE

30 MAY 2012

DEVELOPMENT MANAGEMENT COMMITTEE Minute of Meeting of the Development Management Committee held in the Council Chambers, Fourth Floor, 2 High Street, Perth on Wednesday 30 May 2012 at 9.30am. Present: Councillors Tom Gray, Bob Band, Henry Anderson, Mike Barnacle, Peter Barrett (substituting for Councillor Ann Gaunt) (up to and including Art. 298(3)(iii), Ian Campbell, Joe Giacopazzi, Callum Gillies, Alan Jack, John Kellas, Alan Livingstone, Murray Lyle and Gordon Walker. In Attendance: Councillor Dave Doogan (Arts. 298(1)(i) and 298(2)(i) only); Councillor Kate Howie (from Art. 298(3)(i) to 298(3)(iii)); J Valentine, Depute Director (Environment); D Littlejohn (Head of Planning and Regeneration); P Marshall, A Deans, M Petrie, C Petrie, K McKenzie, J Russell, C Brien, S Callan (up to and including Art. 298(2)(i)); A Bendall (up to and including Art. 298(3)(iii)); N Brian, A Condliffe, S Dunn and T Maric (all the Environment Service); G Fogg and Y Oliver (both Chief Executive’s Service). Apology for Absence: Councillor A Gaunt.

Councillor T Gray, Convener, Presiding. 295. DECLARATIONS OF INTEREST There were no Declarations of Interest made in terms of the Councillors’ Code of Conduct. 296. MINUTE OF PREVIOUS MEETING The Minute of Meeting of the Development Control Committee of 18 April 2012 was submitted, approved as a correct record and authorised for signature. 297. DEPUTATIONS

In terms of Standing Order 59, the Committee agreed to hear deputations in relation to planning applications as follows:

Planning Application No. Article No. 11/01579/FLL *(1)(i) 09/02126/FLM *(2)(i) 12/00346/IPM *(2)(iii) 11/01801/FLL *(3)(i) 12/00329/FLL *(3)(ii) 12/00352/FLL *(3)(iii)

The Committee was advised that, with regard to Planning Application 09/02126/FLM, a deputation request had been received from Mr P Scott, agent and Mr J Black, applicant, on behalf of Newton Farm. As Mr Scott and Mr Black had not

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previously made representation to Planning Application 09/02126/FLM, the Committee resolved not to hear their deputation.

In terms of Standing Order 19, the Committee unanimously agreed to hear the remaining deputations in the order of the business.

298. APPLICATIONS FOR DETERMINATION

(1) Local Council Application

(i) 11/01579/FLL – PERTH – Upgrading of roads infrastructure

including the formation of slip roads, roundabouts, bridges, SUDS ponds, landscaping and diversion of culvert – 450 metres North of the A9 and A85 Junction Perth – Perth and Kinross Council – Report 12/195

In terms of Standing Order 53, Councillor D Doogan, Elected member representing Ward 11, addressed the Committee, and, following his representation, withdrew to the public benches. Resolved: Grant, subject to the following conditions: 1. The proposed development must be carried out in

accordance with the approved plans herewith, unless otherwise provided for by conditions imposed on the planning consent.

2. Prior to the commencement of any development, the applicant is advised to contact Transport Scotland to fully establish the full extent of further work which may be required and thereafter demonstrate to the Trunk Road Authority that the ‘Spatial Strategy’ can be accommodated through the associated proposal.

3. The discharge of any surface water to the water environment shall be in accordance with the principles of the SUDS (Sustainable Drainage Systems) Manual (C697) published by CIRIA.

4. The setback flood embankments as identified and referred to in the Environmental Statement (December 2011) should all be maintained in perpetuity to the satisfaction of the Council as Planning Authority.

5. An acoustic barrier shall be installed as described within the Halcrow document TKPKAC\ENV\004 Version 2, Addendum to the Environmental Statement dated 12 April 2012.

6. The 3.3m acoustic barrier (as described within the Halcrow document TKPKAC\ENV\004 Version 2, Addendum to the Environmental Statement dated 12 April 2012) shall include a mixed native species hedge, planted either side of its length, at a minimum size of 60-90cm whips, details of which to be provided as part of a

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detailed landscaping and planting scheme for the site for the further approval of Perth and Kinross Council as Planning Authority.

7. No development shall take place within the development site as outlined in red on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by Perth and Kinross Heritage Trust, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with Perth and Kinross Heritage Trust.

8. Prior to the commencement of any works on site, detailed plans must be submitted which include the diversion, construction and subsequent maintenance of the section of right of way (ref cc2.1) to be diverted for the further approval of Perth and Kinross Council as Planning Authority.

9. Prior to the commencement of any works on site an appropriate diversion order must be made, advertised and concluded (subject to confirmation once the bridge is built) in respect of the Perth Town Lade public right of way (ref cc2.1) to the satisfaction of the Council as Planning Authority.

10. A detailed landscaping and planting scheme for the site shall be submitted for the further approval of this Planning Authority prior to the commencement of any site works and construction shall not commence prior to the approval of that scheme. The scheme shall include details of the height and slopes of any mounding or re-contouring of the site, species, height, size and density of trees and shrubs to be planted. The on-site scheme as subsequently approved shall be carried out and completed within the first available planting season after the completion of the development hereby approved with the off-site planting scheme being completed within the first available planting season after the commencement of works on site; unless otherwise agreed in writing with the Planning Authority and thereafter maintained to the satisfaction of the Planning Authority.

11. The detailed landscaping and planting scheme for the site shall identify and include additional tree planting to suitably screen and diffuse the pedestrian and cycle bridge at either side of the A9 (T).

12. The detailed landscaping and planting scheme for the site shall include (where appropriate) details of replacement

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planting, specifying species, both deciduous as well as evergreen, coniferous species.

13. The detailed landscaping and planting scheme for the site subsequently approved shall thereafter be implemented as part of the site development programme and thereafter maintained.

14. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar size and species to the satisfaction of the Council as Planning Authority.

15. Prior to the commencement of any works on site, preconstruction habitat surveys shall be undertaken to update the information contained within the Environmental Statement (December 2011) to ensure there will be no negative impact on any species and thereafter submitted for further approval of the Council as Planning Authority.

16. Prior to the commencement of any works on site a construction method statement shall be submitted for further approval of the Planning Authority and shall include (in addition to the recommendations contained within Environmental Statement (December 2011)), detailing to ensure that: • Any trees that are required to be felled will be checked

for nesting birds, bats and red squirrels prior to felling. • All excavations are covered at the end of the working

day to prevent mammals falling in and being trapped. 17. The detailed drawings submitted as part of the Roads

Construction Consent shall be passed to the Council as Planning Authority for their information and monitoring purposes, including: • Lighting details • Bridge design details • Embankment design details and calculations • Culvert design details and calculations • Road Drainage design details and calculations

18. All external lighting to be installed 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 the satisfaction of the Planning Authority.

Justification The proposal is considered to comply with the Development Plan and there are no other material considerations that would justify a departure therefrom.

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Informatives 1. This planning permission will last for three years from the

date of this decision notice, unless the development has been started within that period. (See Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).

2. Under Section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under Section 123(1) of that Act, which may result in enforcement action being taken.

3. 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 38 of the Development Management Procedure (Scotland) Regulations 2008. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. According to Regulation 38 the notice must be: • Displayed in a prominent place at or in the vicinity of

the site of the development. • Readily visible to the public. • Printed on durable material.

4. 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.

5. The applicant is advised that in terms of Sections 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.

6. The applicant should be advised that in terms of Section 21 of the Roads (Scotland) Act 1984 he 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.

7. In line with Scottish Planning Policy (Historic Environment Sections 110 and 123); it is recommended that the mitigation strategy outlined in Section 8.5 of the EIA is

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refined in consultation with PKHT. The developer is advised to contact Mr David Strachan, Archaeologist to discuss terms of reference for work required Tel 01738 477080.

8. This application affects a Trunk Road and should be referred to the appropriate Trunk Road Management Organisation and the Director, Transport Scotland, Trunk Road: Network Management.

Councillor C Gillies moved an amendment that the application be deferred for further investigation. On failing to secure a Seconder, the Amendment accordingly fell.

(2) Major Applications

(i) 09/02126/FLM – PERTH – Erection of a retail superstore (open class 1) and petrol filling station with associated landscape treatment and engineering works at United Auctions Ltd, Perth Agricultural Centre, East Huntingtower, Perth – Sainsbury’s Supermarket Ltd and PCW LLP – Report 12/196

Mr P Miller, National Development Surveyor for Sainsbury’s Supermarkets Ltd; Mr R Phillips, Director of Turley Associates, on behalf of the applicants; and Mr A Sneddon, Transport Planning, also on behalf of the applicants, followed by Mr P Pritchett, objector, on behalf of Tesco Stores Ltd, addressed the Committee and answered questions from members of the Committee, and, following their respective representations, withdrew to the public benches. Motion (Councillors J Kellas and M Lyle) – Grant, subject to the following conditions: 1. The proposed development must be carried out in

accordance with the approved plans, unless otherwise provided for by conditions imposed on the planning permission.

2. Notwithstanding the details shown on the drawings hereby approved, no permission is granted for the petrol filling station, car wash, landscaping and associated works.

3. Unless otherwise agreed in writing by the Planning Authority, after consultation with Transport Scotland, the gross internal floor area of the permitted development shall not exceed 9533sqm.

4. The net sales floor area of the supermarket shall be made up of a minimum of 65% for the sale of convenience goods and a maximum of 35% for the sale of comparison goods unless otherwise agreed in writing by the Planning Authority.

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5. No internal comparison units (e.g. opticians, travel agents, pharmacies, etc) shall be formed within the retail unit hereby approved without the prior written agreement of the Council as Planning Authority.

6. No development shall take place within the development site as outlined on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by Perth and Kinross Heritage Trust, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the service, shall be submitted to and approved in writing by the Planning Authority, after satisfaction of the Planning Authority in agreement with Perth and Kinross Heritage Trust.

7. Prior to the commencement of any development on site a detailed scheme design and specification for modifications to the A85(T) corridor between the site access junction and the A85(T)/Newhouse Road junction (inclusive), generally in accordance with 09/02126/46, shall be submitted to and approved by the Planning Authority, in consultation with the local Roads Authority and Transport Scotland.

8. The traffic signals associated with the works indicated in Condition 7 shall incorporate either MOVA control, or other approved means of dynamic control and queue detection (e.g. SCOOT), to the satisfaction of the Planning Authority, in consultation with the local Roads Authority and Transport Scotland.

9. Prior to the occupation of any part of the development the modifications to the A85(T) corridor between the site access junction and the A85(T)/Newhouse Road junction (inclusive) shall be completed in accordance with the approved plans, referred to in Condition 7 above, to the satisfaction of the Planning Authority, after consultation with Transport Scotland.

10. Prior to the commencement of any development on site a comprehensive Travel Plan that sets out proposals for reducing dependency on the private car shall be submitted to and approved in writing by the Planning Authority, in consultation with the local Roads Authority and Transport Scotland. The Travel Plan will have particular regard to provision for

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walking, cycling and public transport access to and within the site and shall identify measures to be implemented; the system of management, monitoring, review and reporting; and the duration of the plan.

11. Prior to the commencement of any development on site proposals for the provision of either new or extended bus services to serve the development, including details of operating hours, frequency of service, route and timescale for introduction, together with evidence of an agreement with a public transport operator to provide this, shall be submitted to and approved in writing by the Planning Authority in consultation with the local Roads Authority and Transport Scotland.

12. Concomitant with the occupation of any part of the development hereby approved the agreed bus services referred to in Condition 11 shall be introduced.

13. Prior to the commencement of the development a sample of each of the external finishing materials shall be submitted for the approval of the Council as Planning Authority.

14. A detailed landscaping and planting scheme for the site shall be submitted for the further approval of the Planning Authority prior to the commencement of any site works and construction shall not commence prior to the approval of that scheme. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, species, height, size and density of trees and shrubs to be planted. The on-site scheme as subsequently approved shall be carried out and completed within the first available planting season after the completion of the development hereby approved with the off-site planting scheme being completed within the first available planting season after the commencement of works on site; unless otherwise agreed in writing with the Planning Authority and thereafter maintained to the satisfaction of the Planning Authority.

15. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar size and species to the satisfaction of the Council as Planning Authority.

16. Prior to the occupation or use of the approved development all matters regarding internal access, car parking, cycle parking, road layout, design and specification, including the disposal of surface water, shall be in accordance with the standards required by

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the Council as Roads Authority and to the satisfaction of the Planning Authority.

17. Storm water drainage from all paved surfaces, including the access, shall be disposed of by means of suitable sustainable urban drainage systems to meet the requirements of best management practices.

18. All plant and equipment to be installed or operated in connection with the granting of this permission shall be so enclosed, attenuated and/ or maintained such that any noise therefrom shall not exceed International Standards Organisation (ISO) Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 25 between 2300 and 0700 hours daily, within any neighbouring residential premises, with all windows slightly open, when measured and/ or calculated and plotted on an ISO rating curve chart, all to the satisfaction of the Planning Authority.

19. All external lighting to be installed 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 the satisfaction of the Planning Authority.

20. Hours of operation will be limited to 0700-2300 Mondays to Saturdays and 0800-2000 Sundays but with extended hours of 0600-0000 during December unless otherwise agreed in writing by the Council as Planning Authority.

21. Prior to the commencement of the development, full details of an acoustic barrier to be erected around the service yard and capable of reducing noise levels by 5-10 dB as measured at the dwellings at Errochty Grove shall be submitted for further approval of the Planning Authority. The barrier should be sufficiently high to obscure direct line of sight between the noise source and the upper floor windows of the houses along Errochty Grove. The acoustic barrier as subsequently agreed shall be installed prior to the store hereby approved being brought into use and the barrier shall be maintained to the satisfaction of the Council as Planning Authority for the term of the development.

22. Servicing of the recycling facilities shall be limited to 0800 hours to 1900 hours Monday to Friday and 0900 to 1300 on Saturdays unless otherwise agreed in writing with the Planning Authority.

23. An effective ventilation system commensurate with the nature and scale of cooking to be undertaken shall be installed, operated and maintained, within

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the commercial areas, such that cooking odours are not exhausted into or escape into any neighbouring dwellings.

24. Details of all lighting and advertising features within the site shall be submitted to and approved in writing by the Planning Authority, in consultation with Transport Scotland Trunk Road Network Management.

Justification The proposal is contrary to the Development Plan but there are material considerations, as narrated in the Report of Handling, which justify a departure therefrom. Procedural Note The decision notice shall not be issued until the requisite Section 75 agreement, relating to the supermarket development not commencing prior to the letting of a contract for the A85(T)/A9(T) junction upgrade and the appropriate developer contribution therefore being made, is signed and recorded. Informatives 1. This planning permission will last only for three years

from the date of this decision notice, unless the development has been started within that period. (See Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).



4. 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 38 of the Development Management Procedure (Scotland) Regulations 2008. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your

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guidance. According to Regulation 38 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.

5. Should consent incorporating the archaeological condition be granted, the developer should contact the Area Archaeologist as soon as possible. The procedure for work required can be explained and Terms of Reference prepared.

6. The applicant is advised that in terms of Section 21 of the Roads (Scotland) Act 1984 he/she/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.

7. The applicant is 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 is advised he must consult with Transport Scotland, Trunk Road and Bus Operations through its Management Organisation (Transerv, Broxden House, Broxden Business Park, Lamberkine Drive, Perth PH1 1RA) on the terms and conditions, under Roads legislation, that require to be agreed to enable works within the trunk road boundary to be approved.

9. All signage proposed on the building shall be subject to a separate application for Display of Advertisement Consent.

10. There is evidence of Japanese Knotweed present on the site. This is an invasive species which may require a licence from SEPA for its disposal. Advice should be sought.

Amendment ( Councillors A Livingstone and C Gillies) - Refuse, on the grounds that the application: (i) fails the qualitative and quantitative tests; (ii) fails the sequential tests; (iii) is in a poorly accessible and unsustainable location; and (iv) will add considerably to traffic congestion on the A85.

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Amendment – 5 votes Motion – 8 votes Resolved: In accordance with the Motion.

FOLLOWING A SHORT ADJOURNMENT, THE COMMITTEE RECONVENED.

(ii) 12/00247/FLM – MILNATHORT – Modification of previous consent – (10/02159/AMM) – variation of Conditions 3, 4 and 16 relating to landscaping and core paths on land at former Ochil Hills Hospital, near Milnathort – Eko Planning – Report 12/197 Resolved: Grant, subject to the following conditions: 1. Prior to the commencement of site construction works the

areas of new tree planting shall be carried out as shown on the approved planning Drawing No. 10/02159/10. All new planting (species, mix, density of planting and distribution) and felling and management of woodland areas shall be undertaken in accordance with the details set out in the Woodland Management and Tree Planting Plan submitted by Messrs Eamonn Wall & Co. Any shrub, tree or plant which within a period of five years following planting dies, becomes damaged, diseased or is removed, shall be replaced with others of a similar size and species unless otherwise agreed in writing by the local Planning Authority.

2. Prior to the commencement of the site construction works, details for the protection of those trees, including a phasing plan, shown to be retained through the Eamonn Wall & Co Tree Management Plan, and within the layout area shown on the approved Drawing No. 10/02159/10, shall be submitted to and approved in writing by the Council as Planning Authority. The approved protective fencing shall be erected prior to commencement of construction works in accordance with the phasing plan, and shall remain in place throughout the construction. No materials, vehicles or ground level changes or service runs shall be carried out within the protection area unless the prior agreement of the Council as Planning Authority is obtained.

3. Prior to the commencement of site construction works the core path temporary diversion shall have been provided in accordance with the details included as part of this application, and following the route detailed in orange on plan 12/00247/2 hereby approved. The route shall be signed in accordance with details which previously shall have been submitted to and approved in writing by the

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Council as Planning Authority. Notice shall be given to the Council as Planning Authority, prior to the commencement of site construction works, of the closure of the original core path. This path through the application site (core path MTHT/153/1) shall be closed for a period of 12 months only unless otherwise agreed in writing by the Council as Planning Authority. Thereafter the route shall be re-opened and the surface restored to its original condition to the satisfaction of the Council as Planning Authority. Any further temporary restrictions to public access to facilitate any other works on site must be agreed in writing by the Council in advance of undertaking such works. Any damage done to the route during those works must be made good before the occupation of any new dwelling

Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. This planning permission will last only for three years

from the date of this decision notice, unless the development has been started within that period. (See Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).



4. 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 38 of the Development Management Procedure (Scotland) Regulations 2008. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. According to Regulation 38 the notice must be:

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• 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.

5. The applicant is reminded about the provisions of the remaining planning conditions included as part of planning approval 10/02159/AMM which are still in force, together with the provisions of the S75 Legal Agreement included as part of outline planning approval 05/002085/OUT which remains effective.

6. Due to the nature of the proposed work it is important to keep in mind the possibility of finding bats when removing structures or before any tree work is undertaken and the desirability of adopting a ‘soft-felling’ approach. If bats are found during works, the work should stop immediately and you should contact SNH at Battleby immediately for advice. Such works should avoid the times of year when bats are most vulnerable to disturbance. The summer months, when bats are in maternity roosts, and the winter months when bats are hibernating, should be avoided. Typically early spring and autumn months are the best times to do work that may affect bats. If you suspect that bats are present you should consult SNH for advice. For further information visit the Bat Conservation Trust website http://www.bats.org.uk/ If in any doubt consult SNH or a qualified Ecologist prior to any works being carried out.

(iii) 12/00346/IPM – AUCHTERARDER – Residential

development comprising 6 low density crofts, woodland, paddocks and permaculture work environments on land at Kirktonlees Farm, Auchterarder – Kirktonlees Farm Ltd – Report 12/198

Mr M King, agent on behalf of the applicant and Mr A Milne, applicant, addressed the Committee, and, following their respective representations, withdrew to the public benches.

Resolved: Refuse, for the following reasons: 1. The site is located within the countryside where there is a

presumption against the construction of new dwellings except in certain limited circumstances. On the basis of the submitted information the Council as Planning Authority is not satisfied that an essential operational need for the new dwellings can be recognised in this instance nor that the proposals for the sustainable management of land justify the number of dwellings proposed. The proposal would not satisfy Category 3 of

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the Council’s approved Housing in the Countryside Policy 2009. The erection of new dwellings and associated infrastructure without an essential operational justification would be a harmful change to the character and appearance of the countryside; would conflict with the objectives of Government Planning Guidance set out in SPP, would be contrary to the approved Council's Housing in the Countryside Policy (December 2009) and Sustainable Communities Policies 6 of the Perth and Kinross Structure Plan 2003; and Policies 1, 2 and 3 of the Strathearn Area Local Plan 2001.

2. The proposals would result in the permanent loss of Prime quality agricultural land contrary to national planning guidance as set out in SPP and Environment and Resources Policy 12 of the Kinross Structure Plan 2003; and Policy 45 of the Strathearn Area Local Plan 2001.

Justification The proposal does not accord with the Development Plan and there are no material reasons which justify departing from the Development Plan.

(3) Local Applications

(i) 11/01801/FLL – KENMORE – Erection of 4 Estate Properties at Taymouth Castle, Kenmore – Taymouth Castle Estate Ltd – Report 12/199

Mr N Martin, agent on behalf of the applicant and Mr E Strickland, applicant, addressed the Committee, and, following their representations, withdrew to the public benches.

Motion (Councillors P Barrett and M Barnacle) – Refuse, for the reasons contained in Report 12/199. Amendment (Councillors J Kellas and A Livingstone) – Grant, subject to conditions to be formulated by the Development Quality Manager.

Amendment - 7 votes Motion - 6 votes

Resolved: In accordance with the Amendment.

Justification The proposal is justified as a departure from the Highland Area Local Plan on the basis of:

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(1) Scottish Planning Policy, paragraphs 45-48 including responding to needs, taking a flexible approach to changing circumstances, and supporting economic development.

(2) The proposal does not set a precedent due to the specific needs and requirements for a long-established business.

(ii) 12/00329/FLL – LONGFORGAN – Modification of existing consent

(07/02755/FLL) for a change of house type at Site north of Grieve’s Cottage, Snabs Farm, Longforgan – Mr D Chima – Report 12/200

Mr D Chima, applicant, and Ms C Backler, objector to the application, addressed the Committee, and, following their respective representations, withdrew to the public benches. Resolved: Grant, subject to the following conditions: 1. The proposed development must be carried out in accordance

with the approved plans, unless otherwise provided for by conditions imposed on the planning consent.

2. No development shall take place within the development site as outlined on the approved plan until the developer has secured the implementation of a programme of archaeological works in accordance with a written scheme of investigation which has been submitted by the applicant, agreed by Perth and Kinross Heritage Trust, and approved by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeological works is fully implemented and that all recording and recovery of archaeological resources within the development site is undertaken to the satisfaction of the Planning Authority in agreement with the Perth and Kinross Heritage Trust.

3. Prior to the commencement of any works on site, precise details of the external wall and roof finishes shall be submitted for the approval in writing by the Council as Planning Authority. The approved details shall be implemented in full, to the satisfaction of the Council as Planning Authority.

4. Prior to the commencement of any works on site, a detailed landscaping scheme (including timescales for implementation) shall be submitted for the approval in writing by the Council as Planning Authority. The approved scheme shall be implemented in full, and thereafter maintained in perpetuity to the satisfaction of the Council as Planning Authority.

5. Prior to the commencement of any works on site, precise details of all boundary treatments shall be submitted for the approval in writing by the Council as Planning Authority. The approved details shall be implemented in full, and thereafter retained in perpetuity, to the satisfaction of the Council as Planning Authority.

6. Prior to the commencement of any works on site, precise details of all windows (including dormers and rooflights) and doors

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(including the garage door) shall be submitted for the approval in writing by the Council as Planning Authority. The approved details shall be implemented in full to the satisfaction of the Council as Planning Authority.

7. The two rooflights on the west elevation shall be opaque / obscure glazing for perpetuity, to the satisfaction of the Council as Planning Authority.

8. Prior to the commencement of any works on site, amended roof, upper floor and east elevation plans shall be submitted to the Council as Planning Authority. The approved plans shall be implemented in full, to the satisfaction of the Council as Planning Authority.

Justification The proposal is considered to comply with the Development Plan and there are no material reasons which justify refusing the planning application. Informatives 1. This planning permission will last only for three years from the




4. No work shall be commenced until an application for building warrant has been submitted and approved.

5. The site lies outwith the publicly sewered areas and consequently drainage investigations have not been fully undertaken.

(iii) 12/00352/FLL – KENMORE – Deletion of Condition 23 from

planning consent (07/01739/FUL) re holiday occupancy at Units 15-18 at Mains of Taymouth, Kenmore – D Menzies and Partners – Report 12/201

Mr R Menzies, on behalf of the applicant, addressed the Committee, and, following his representation, withdrew to the public benches.

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Motion (Councillors I Campbell and J Kellas) – Grant, subject to the following condition and informative: 1. Prior to the occupation of any of the units, the applicant

shall submit full details of the management/title deeds which links every property to the wider Mains of Taymouth site. These details shall be submitted to and agreed in writing by the Planning Authority prior to the occupation of any of the properties. Every property on the application site shall enter into this management agreement and be subject to these title deeds. This agreement between the applicant (or successor) and each property owner shall be maintained in perpetuity.

Justification The proposal is considered to comply with the Development Plan and there are no other material considerations that would justify a departure therefrom. Informative The applicant is reminded of the conditions and notes set out in planning approval 07/01739/FLM which, with the exception of condition 23 shall remain in force and form an important part of this planning consent. Amendment (Councillors P Barrett and B Band) – Refuse, for the reasons contained in Report 12/201. Amendment – 2 votes Motion – 11 votes Resolved: In accordance with the Motion.

COUNCILLOR P BARRETT LEFT THE MEETING AT THIS POINT. FOLLOWING AN ADJOURNMENT FOR LUNCH, THE COMMITTEE RECONVENED.

(iv) 12/00385/FLL – ERROL – Partial demolition of workshop (in retrospect) at Pond Green, Church Lane, Errol – William Divers Trustee – Report 12/202

Resolved: Grant, subject to the following conditions: 1. The proposed development must be carried out in accordance

with the approved drawings and documents, unless otherwise provided for by conditions imposed on the planning consent.

2. Notwithstanding the plans hereby approved, no approval for any metal security fencing on this site is permitted. All metal security fencing shall be removed from site within one month from the

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date of this consent all to the satisfaction of the Council as Planning Authority.

3. All materials to be stored on site shall be stored within the original walls of the former workshop and no storage of materials outwith the walls is permitted. All materials stored outwith the walls of the former workshop shall be removed and stored within the walls of the former workshop within one month of the date of this consent all to the satisfaction of the Council as Planning Authority.

4. Within one month from the date of this consent, details of new fencing or timber gates to provide enclosure to the former workshop building shall be submitted for the written approval of the Council as Planning Authority. The details shall include a detailed manufacturer’s specification and scaled elevation plans. The fence or gates shall be of traditional design and proportions. The details as approved in writing shall be implemented on site within three months of the date of this consent.

5. The asserted right of way from the High Street at Kirkstyle to Church Lane via Pond Green must not be obstructed during building works or on completion. Any damage done to the route during works must be made good prior to any further use of the site. Any temporary restrictions to public access required to facilitate works on site must be agreed in writing and in advance with the access officer.

Justification The proposal is considered to comply with the Development Plan and there are no other material considerations that would justify a departure therefrom. 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. Failure to comply with the above planning conditions within the recognised timescales will result in formal enforcement action.

3. The applicant should be aware that the granting of planning consent has no bearing on establishing the ownership of the application site.

(v) 12/00593/FLL – BLAIRGOWRIE – Modification of existing consent

(11/01199/FLL) Change to layout and details of the external area at 25 Allan Street, Blairgowrie – J D Wetherspoon PLC – Report 12/203

Resolved: Grant, subject to the following conditions:

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1. The proposed development must be carried out in accordance with the approved plans, unless otherwise provided for by conditions imposed on the planning consent.

2. No music amplified or otherwise shall be permitted outside the premises and measures must be made to minimise the impact of noise from inside the premises so no sound is audible in any nearby residential property to the satisfaction of the Planning Authority.

3. The hours of use for the external area shall be limited to 0900 - 2200 hours daily unless otherwise agreed in writing by the Council as Planning Authority.

4. All plant or equipment including any ventilation system associated with operation of the commercial areas 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 20 between 2300 and 0700 hours daily, within any neighbouring residential premises, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart.

5. The primary entrance to and exit from the premises shall be via Allan Street and the rear exit labelled ‘delivery entrance’ shall only be used for delivery purposes or as an emergency fire exit.

6. The refuse and recycling facilities for these premises shall be operated and maintained such that detriment is not caused to the amenity of occupiers or neighbouring premises.

7. 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 is minimised.

8. Details of external lighting shall be submitted for the written approval of the Planning Authority prior to the occupation/use of the development.

9. Details of the specification, colour and sample of the proposed high level, boundary metal screen material shall be submitted for the approval of the Planning Authority, prior to the commencement of the development. The details as approved shall be implemented prior to the occupation and/or use of the development.

10. Details of the full specification and colour of the proposed boundary timber gates shall be submitted for the approval of the Planning Authority, prior to the commencement of the development. The details as approved shall be implemented prior to the occupation and/or use of the development.

Justification The proposal is considered to be in accordance with the Development Plan and there are no overriding material reasons that justify departing from the Plan. Informatives

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1. The development shall be begun within a period of three years from the date of this consent

2. 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 38 of the Development Management Procedure (Scotland) Regulations 2008. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. According to Regulation 38 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.



5. An application for Building Warrant may be required.

(4) Applications with Council Interest

(i) 12/00354/FLL – PERTH – Formation of outdoor seating area at Old Ship Inn, Skinnergate, Perth – Greene King Retailing Ltd – Report 12/204

Resolved: Grant, subject to the following conditions and an additional Informative 3: 1. Consent is hereby granted for a limited period of one year and

shall expire on 30 June 2013. 2. The proposed development must be carried out in accordance

with the approved plans, unless provided for by conditions imposed on the planning consent.

3. The hours of use of the outdoor seating area shall be restricted to 1100 hours to 2200 hours daily.

4. No music amplified or other shall be permitted outside the premises to the satisfaction of the Planning Authority.

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Justification The proposal is considered to comply with the Development Plan and there are no other material considerations that would justify a departure therefrom. 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.


3. The applicant should be aware that there may be a requirement for a variation to the existing licence for the premises to be obtained before the use of the outdoor seating area in connection with the licensed premises can be brought in to use.

(ii) 12/00374/FLL – ABERNETHY – Installation of floodlighting at

Abernethy Parish Church, School Wynd, Abernethy – Abernethy Parish Church – Report 12/205



2. The hours of operation of the floodlights shall be 08.00 hours to 22.00 hours Monday to Sunday, unless otherwise agreed in writing.

3. Lighting to be installed, 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 so to be less than ‘5 Lux’ at the window of the closest residential properties as recommended by the Institute of Light Engineers.

4. A detailed Conservation Impact Statement shall be submitted for further approval and to the satisfaction of the Council as Planning Authority prior to the commencement of the development; precisely highlighting any impact on existing burial sites and grave markers anticipated through the proposed installation.

5. Details of the specification and colour of the proposed lamp at the east gate shall be submitted for the approval of the Planning

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Authority prior to the commencement of the development. The details as approved shall be implemented prior to the occupation and/or use of the lighting scheme.

6. The developer shall secure the implementation of an archaeological watching brief, to be carried out by an archaeological organisation acceptable to the Planning Authority, during development work. The retained archaeological organisation shall be afforded access at all reasonable times and allowed to record and recover items of interest and finds. Terms of Reference for the watching brief will be supplied by the Perth and Kinross Heritage Trust. The name of the archaeological organisation retained by the developer shall be given to the Planning Authority and to the Perth and Kinross Heritage Trust in writing not less than 14 days before development commences.

Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. This planning permission will last only for three years from the




4. This is approval of application Ref No 12/00374/FLL for planning permission only. It does not include any approval for your related application for Listed Building Consent Ref no (12/00375/LBC). Work should not commence therefore until Listed Building Consent has been received. Carrying out alterations without Listed Building Consent is an offence.

5. Should consent be given, it is important that the developer, or his agent, contact Sarah Malone at Perth and Kinross Heritage Trust at their earliest convenience.

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(iii) 12/00375/LBC – ABERNETHY – Installation of floodlighting at Abernethy Parish Church, School Wynd, Abernethy – Abernethy Parish Church – Report 12/206

Resolved: Grant, subject to the following condition: 1. Details of the specification, positioning and colour of the

proposed lamp at the east gate shall be submitted for the approval of the Planning Authority prior to the commencement of the development. The details as approved shall be implemented prior to the occupation and/or use of the development.

Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Note As the application involves work to a Listed Building in which the Council has an interest then it requires to be referred to Historic Scotland for determination.

(iv) 12/00377/FLL – BLAIRGOWRIE – Installation of 3 pre-fabricated container units for recreational changing and storage facilities at Piggy Lane Recreation Ground, Blairgowrie – Blairgowrie and Rattray Community Sports Club – Report 12/207 Resolved: Grant, subject to the following conditions: 1. The proposed development must be carried out in accordance


2. Consent is granted for a temporary period until 1 June 2017. Prior to the expiry of the consent, all development shall be removed and the site reinstated, to the satisfaction of the Council as Planning Authority.

3. Prior to the siting of the containers, precise details of the external colour scheme, which must incorporate an anti graffiti design, shall be submitted for the approval in writing by the Council as Planning Authority. The approved details shall be implemented in full, and the external appearance of all three containers shall be maintained (in perpetuity) to a standard which is to the satisfaction of the Council as Planning Authority.

4. All 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 is minimised.

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4. The applicant is advised that drainage arrangements must comply with both building standards requirements. In the event that a connection to the public sewerage system is possible within the lifespan of this consent, it is expected that a connection will be made. In the event of any subsequent planning applications being submitted for the continuation of the siting of the containers, drainage arrangements will be reviewed.

(v) 12/00430/FLL – PERTH – Change of use from office to flat at 20

North Methven Street, Perth – Perth and Kinross Council – Report 12/208

Resolved: Grant, subject to the following condition: 1. The proposed development must be carried out in accordance



date of this decision notice, unless the development has been

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started within that period. (See Section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as amended).



4. No work shall be commenced until an application for building warrant has been submitted and approved.

(vi) 12/00479/FLL – PERTH – Installation of replacement windows and

doors at Milne Court, Market Court and Lickley Court, Lickley Street, Perth – Perth and Kinross Council – Report 12/209

Resolved: Grant, subject to the following condition: 1. The proposed development must be carried out in accordance





3. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as

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amended) to give the Planning Authority written notice of that position.

(vii) 12/00540/FLL – PERTH – Siting of a telecommunications

broadband cabinet, Land North of McEwans of Perth, Baxters Vennel, Perth – Openreach – Report 12/210



2. All plant or equipment including any ventilation system 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, all to the satisfaction of the Council as Planning Authority.

3. Prior to the installation of the cabinet, precise details of the external colour scheme of the cabinet, which must incorporate an anti graffiti design, shall be submitted for the approval in writing by the Council as Planning Authority. The approved details shall be implemented in full, and the external appearance of the cabinet shall be maintained (in perpetuity) to a standard which is to the satisfaction of the Council as Planning Authority.




3. As soon as practicable after the development is complete, the person who completes the development is obliged by Section 27B of the Town and Country Planning (Scotland) Act 1997 (as

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amended) to give the Planning Authority written notice of that position.

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