4(1)(i) 11/610 Perth and Kinross Council Development Control Committee – 7 December 2011 Report of Handling by Development Quality Manager

Residential-led development to provide 1,800 new homes, a primary school, leisure, retail, office facilities along with new vehicular and pedestrian access, open space and landscaping (in principle) at Land Adjacent to Huntingtower and Ruthvenfield, Perthshire

Ref. No: 08/00678/IPM Ward No: 9

Summary This report recommends approval of the outline application to formally establish the principal of residential development and associated uses at land adjacent to Huntingtower and Ruthvenfield (referred to as Almond Valley village). The development is considered to comply with the current Development Plan alongside the Council’s overarching economic, social and environmental objectives contained within the Community Plan, Corporate Plan and the Economic Development Strategy. The application is recommended for approval, subject to conditions and an agreed Masterplan and coinciding legal agreement.

BACKGROUND

1 The Almond Valley site lies to the north west of Perth, covering a site area of 159 hectares, set within the lowland river corridor landscape associated with the River Almond.

2 This site was historically a centre of cotton and linen industries including printing and bleaching and much of the landscape, topographical features and surviving historic and traditional buildings reflect this background. The area is characterised by watercourses, both natural and man-made; industrial heritage of rail lines, lades, vestiges of mill workings and workers’ cottages; the curving embankment forming the visual containment to and viewpoint at the southern boundary of the site; paths and pockets of open space with limited views in and out, contained by hedgerows and woodland.

3 The current landscape and context of Almond Valley is characterised by the physical presence of the River Almond to the north and west and framed by a steep embankment to the south. The eastern boundaries of the site are more open towards the A9 bypass and the Inveralmond industrial estate. The historical town lade dissects the site from East to West.

4 Land within the site is predominantly made up of low lying arable and grazing land with the occasional historic building group and more recent housing clustered at Huntingtower Field. The landscape varies outwith the boundaries of the site, including open fields to the south and north with business units immediately to the east and west. Almondbank village is situated further west. An area known as Bertha Park lies further north of the site (identified as a future strategic development area), separated by the River Almond.

27 5 Existing man made features adjacent to this site include Huntingtower Hotel, a prominent feature on the landscape, with a modest country house setting and Huntingtower Castle. Overland power lines pass through the site along a south west / north east alignment and an underground gas main passes through on a north to south dog leg.

6 Current vehicular access into the site consists principally of 2 junctions accessed from the A85, Crieff Road, with a tertiary road which snakes through the site and links up with Inveralmond industrial estate and the A9.

7 Historically, planning applications have been submitted on this site with the most recent in 2003 (03/00212/OUT - Mixed use development including residential, commercial, educational, recreational and retail development with associated road works and landscaping) which was ultimately withdrawn due to several unresolved issues and lack of information to appropriately assess and determine the application.

PROPOSAL

8 This proposal seeks to formally establish the principle for the development of a new satellite village, serving the north west of Perth. The proposed new village comprises:

Development of up to 1800 houses with associated; • School provision; • Retail; • Business Space; • Playing Fields and open space; • New vehicular and pedestrian routes.

9 The scale, mix and final numbers relating to the above proposals will be arrived at through the production and submission of a masterplan with associated background supporting information.

10 This application has been accompanied with a supporting planning design statement and environmental statement, which includes background information, site details and an indication of the design principles that the developers aim to take forward in developing the site.

Environmental Impact Assessment (EIA)

11 The proposed development, as an urban development project with a site area exceeding 0.5ha, falls under Schedule 2 (10(b)) of the Environmental Impact Assessment (Scotland) Regulations. An Environmental Statement was therefore prepared to fully assess any environmental issues likely to arise as a result of the proposals and any mitigation measures which need to be considered in this regard.

28 NATIONAL POLICY and GUIDANCE

12 The Scottish Government expresses its planning policies through the National Planning Framework 1& 2, the Scottish Planning Policy (SPP) and Planning Advice Notes (PAN).

The Scottish Planning Policy 2010

13 The SPP is a statement of Scottish Government policy on land use planning and contains:

• the Scottish Government’s view of the purpose of planning, • the core principles for the operation of the system and the objectives for key parts of the system, • statutory guidance on sustainable development and planning under Section 3E of the Planning etc. (Scotland) Act 2006, • concise subject planning policies, including the implications for development planning and development management, and • the Scottish Government’s expectations of the intended outcomes of the planning system.

14 The following sections of the SPP are of particular importance in the assessment of this application:-

• Paragraph 25: Determining planning applications • Paragraph 33: Sustainable Economic Growth • Paragraphs 34 – 44: Sustainable Development and Climate Change • Paragraph 66: Housing • Paragraphs 77 - 84: Location and Design of New Development • Paragraphs 86 – 88: Affordable Housing • Paragraphs 89 – 91: Other Housing Requirements • Paragraphs 110 – 112: Historic Environment • Paragraph 123: Archaeology • Paragraphs 125 – 148: Landscape and Natural Heritage • Paragraphs 149 – 158: Open Space and Physical Activity • Paragraphs 165 – 176: Transport • Paragraphs 196 – 211: Flooding and Drainage • Paragraph215: Waste Management • Paragraph 255: Outcomes

15 The following Scottish Government Planning Advice Notes (PAN) are also of interest:

• PAN 1/2011 Planning and Noise • PAN 2/2011 Planning and Archaeology • PAN 40 Development Management • PAN 51 Planning, Environmental Protection and Regulation • PAN 60 Planning for Natural Heritage

29 • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements • PAN 69 Planning & Building Standards Advice on Flooding • PAN 79 Water and Drainage

16 Designing Places: - The first policy statement which marks the Scottish Government’s determination to raise standards of urban and rural development.

17 Designing Streets: A Policy Statement for Scotland: Designing Streets is the first policy statement in Scotland for street design and marks a change in the emphasis of guidance on street design towards place-making and away from a system focused upon the dominance of motor vehicles. It has been created to support the Scottish Government’s place-making agenda and is intended to sit alongside the 2001 planning policy document Designing Places, which sets out Government aspirations for design and the role of the planning system in delivering these.

18 The following documents from Historic Scotland are also of importance in the determination of the application given the historic significance of sites within and surrounding the site:-

• Scottish Historic Environment Policy July 2009 (SHEP) • Managing Change in the Historic Environment guidance series

CITY REGION PLANS

19 TAYplan (June 2011)

Proposed Strategic Development Plan 2012 – 2032 West and North West Perth are identified as a Strategic Development Area in the proposed plan, including the site relating to this application.

OVERARCHING COUNCIL PLANS

20 Perth & Kinross Community Plan (2006 – 2020) Key aim - Create a vibrant and successful area through: • Improved infrastructure and transport links • A sustainable natural and built environment

21 Perth & Kinross Corporate Plan 2009 -2012 Corporate Plan Vision includes – Building a vibrant and successful area through the following objectives: • Provide a safe, secure and welcoming environment • Promote healthy, caring communities • Build a prosperous, sustainable and inclusive economy • Develop educated, responsible and informed citizens • Support confident, active and inclusive communities

30 DEVELOPMENT PLAN

22 The Development Plan for the area consists of the Approved Perth and Kinross Structure Plan 2003 and the Adopted Perth Area Local Plan 1995 (Incorporating Alteration No.1 Housing Land 2000).

Perth and Kinross Structure Plan 2003

23 The principal relevant policies are in summary:

Strategy 1 The Perth Core Area

24 This strategy seeks to allocate sufficient land to meet housing demands generated n the Core area and to provide attractive opportunities for people to live nearer Perth as well as promoting the provision of affordable housing.

Sustainable Communities Policy 2

25 New development proposals of strategic significance will, as a minimum, require to demonstrate that they:

• are accessible to, or can be made accessible to, the existing or proposed public transport network; • provide facilities for pedestrians, cyclists and public transport access and facilitate integration between modes of travel; • are supported by a Transport Assessment and where appropriate an Environmental Assessment which demonstrates that their impacts can be successfully mitigated; • are supported by a commitment from developers to meet the costs of necessary infrastructure in terms of Making it Happen Policy.

Sustainable Communities Policy 3

26 The Council will seek to secure affordable and low cost housing in local areas as identified through housing needs assessments, and will work with agencies, developers, and communities to secure adequate provision. Where need has been identified, Local Plans will allocate land to meet the requirements.

Sustainable Communities Policy 4

27 The Council will work in conjunction with the public and private sectors to ensure sufficient provision is made for a minimum 5-year effective housing land supply in each Housing Market Area at all times. Land will be identified and allocated in Local Plans to meet requirements for the period 2000 – 2020 in accordance with Schedule 1. The release of housing land to meet the requirements for the period 2010 – 2020 will be subject to review and sites will only be released when required to maintain an effective 5-year housing land- supply. Particular emphasis will be given to encouraging non-effective sites to come forward.

31 Sustainable Communities Policy 5

28 In the Perth Core Area, housing sites will be identified according to the following sequential approach:

• Sites within Perth city; • Small-scale opportunity sites in villages to increase range and choice within the market.

29 All sites will be subject to review by the Perth Area Local Plan and monitored through the annual Housing Land Audit to ensure that a minimum 5-year supply of effective housing land is maintained at all times.

Environment and Resources Policy 4

30 The Tayside Landscape Character Assessment will be a material consideration in the identification of land allocations in Local Plans and in the assessment of development proposals.

Making it Happen Policy 1

31 The Council will identify in Local Plans and/or development briefs deficiencies in facilities and infrastructure that may be created or exacerbated by a proposed development. In addition the need for affordable housing will be assessed. In these circumstances, provision of affordable housing and/or the necessary infrastructure or contributions to overcome these deficiencies will be sought from developers through mechanisms including the use of Section 75 agreements. These contributions will be proportionate to and commensurate with the scale of development. In instances where a developer wishes to proceed before or in absence of public bodies provide the necessary infrastructure or facilities, the Council will support mechanisms, including the use of Section 75 agreements, to achieve satisfactory provision.

Perth Area Local Plan 1995 (Incorporating Alteration No.1 Housing Land 2000)

32 Under the Local Plan the site lies within an area where the following policies are applicable:

Policy 1: General Policies

33 Developments will be judged against the criteria which include the following:

• The site should have a good landscape framework within which the development can be set and, if necessary, screened completely. • The development should be compatible with its surroundings in land use terms and should not cause unacceptable environmental impact. • In the case of built development, the scale, form, colour and design should accord with the existing pattern of building.

32 • There should be sufficient spare capacity in local services to cater for the development. • The site should be large enough to satisfactorily accommodate the development.

Policy 4: Pipeline consultation zones

34 The Proposals and Inset Maps identify pipeline consultation zones where the District Council will seek the advice of the Health and Safety Executive (H.S.E) or the Central Scotland Water Development Board on development proposals. The District Council will also seek the advice of the H.S.E on the suitability of any proposals for a new notifiable installation within the Plan area or any proposal for development within the consultation distance of any other notifiable installation.

Policy 5: Agricultural Land

35 The District Council will support agriculture remaining as a major land use and source of employment in the Plan area and there will a presumption against the use of prime quality agricultural land for irreversible development.

Policy 22: Archaeology

36 The District Council will seek to protect unscheduled sites of archaeological significance. Where development is proposed in such areas there will be a strong presumption in favour of preservation in situ and where in exceptional circumstances preservation of the archaeological features is not feasible the developer, if necessary through appropriate conditions attached to planning consents, will be required to make provision for the excavation and recording of threatened features prior to development commencing.

Policy 30: Public Access and Informal Recreation

37 The District Council will seek to improve public access to the countryside and informal recreational provision, particularly adjacent to Perth city, within the Areas of Great Landscape Value and along the banks of the Tay.

Policy 41: General residential and Background Policies

38 Proposals Map B identifies areas of residential and compatible uses where existing residential amenity will be retained and where possible improved. Where sites in other uses become available for development, housing will generally be the most obvious alternative use. Some scope may exist for infill development, but only where this will not significantly affect the density, character or amenity of the area concerned. Small areas of private and public open space will be retained where they are of recreational or amenity value to their surroundings. Change of use to hotel, boarding and guest house use will be permitted normally only on the main radial routes in the city.

33 Policy 41 A: General residential and Background Policies

39 The Council will seek to achieve the highest possible provision of affordable housing in areas of particular need, including the major development sites at Inveralmond and Almond Valley, subject to the availability or resources from Scottish Homes and other agencies.

Policy 45: Almond Valley Village (Site H24)

40 The District Council, in conjunction with landowners, the local community, statutory and non statutory bodies and other interested parties will prepare a Masterplan for the development of Almond Valley Village. The Masterplan will set out guidelines for the development and specifically for the mix and distribution of land uses, for the densities, mix and tenure of housing, for road layouts, footpath routes and landscaping and for the phasing of construction. In light of the flood experience of 1993, the District Council is concerned about the possibility that floods of greater severity could affect the site and intends therefore to take advice on the adequacy of the proposed flood protection in the context of an examination of acceptable risk. The council will require the developer, through a Planning Agreement, to provide Primary School facilities to serve new development at Almond Valley.

Policy 48:

41 Areas identified for business uses which are generally defined by Classes 4 and 6 of the 1997 Use Classes (Scotland) Order and include: light industry, offices, storage and distribution.

Opportunity 3: Retailing Sites

42 The District council will encourage the development of the following shopping opportunities: S4, Almond Valley Village, Neighbourhood shopping centre with community facilities.

Proposal 11: Open Space Landscape and Recreation Schemes

43 The District Council will support the following open space, landscape and recreation schemes: Almond Valley Village – Open space provision as part of the village.

Policy 56: Trees

44 Proposals Map B identifies areas where existing tree cover should be maintained and enhanced. Encouragement will be given to tree planting within the city. The District Council will develop a Community Woodland Strategy in consultation with the Forestry Commission and public.

34 Opportunity 7: Planting

45 The District Council will encourage the following tree planting schemes: E4, Inveralmond/Almond Valley, Tree Belts

Policy 60: Archaeology

46 The District Council will safeguard the settings and archaeological landscapes associated with Scheduled Ancient monuments (protected under the Ancient Monuments and Archaeological Areas Act 1979).

REC 13: Roads Proposal

47 The District Council recommends to the Regional Council and The Scottish Office that the following road schemes are necessary to allow for the proper development of land use in Perth City: Almond Valley Village, A new distributor road should be provided from Ruthvenfield Road through the new village following in part the line of the major pylons to join the A85 at or west of West Huntingtower.

REC 6: Infrastructure Recommendations

• Almondbank/Inveralmond Trunk Sewer to ensure development of Almond Valley • Almond Valley/Water Supply Augmentation to ensure development of Almond Valley

Draft Perth Area Local Plan

48 Members will be aware that on the 30 January 2008 the Council’s Enterprise and Infrastructure Committee took the decision not to progress this plan to a finalised stage, therefore although the contents of the Draft Plan should be noted, I consider the weighting which is given to its policies and proposals should be limited at this point in time.

OTHER POLICIES

49 In addition the following documents are relevant in the determination of the application:-

Tayside Landscape Character Assessment (TLCA) 1999

50 The Tayside Landscape Character Assesment (TLCA) is published by Scottish Natural Heritage. The Structure Plan makes it clear that the TLCA will be a ‘material consideration’ when considering any development proposal in Perth & Kinross.

51 The TCLA refers specifically to the Almond Valley Village within the identified landscape character area of Lowland Rivers Corridor under the heading of Development.

35 52 General Landscape Guidelines

• Encourage the wider use of vernacular designs, materials and colours, while allowing for modern interpretations of traditional designs.

53 Opportunity in Development

• Explore the development of Almond Valley Village as a means of addressing the ambiguous pattern of development to the north and North West of Perth by firming up the distinction between urban and rural and providing clear gateways to the town.

Perth & Kinross Economic Development Strategy (2009 – 2014)

54 In line with the Perth & Kinross Community Plan; the vision of the Economic Development Strategy is to create and sustain vibrant, safe, healthy and inclusive communities in which people are respected, nurtured and supported and where learning and enterprise are promoted.

Affordable Housing Policy 2005

55 This policy is applicable to all new housing sites (even ones identified in the Local Plans) with the exception of those with existing consents or an approved development brief. This policy seeks a 25% allocation of affordable housing; preferably on site.

Planning Guidance Note: Primary Education and New Housing Development 2009

56 This Developer Contributions Policy was approved by the Council on 6 May 2009. The Policy applies over the whole Local Authority area of Perth and Kinross. This guidance sets out the basis on which Perth and Kinross Council will seek to secure contributions from developers of new homes towards the cost of meeting primary education infrastructure improvements necessary as a consequence of development. All new housing from the date of adoption, including those on sites identified in adopted Local Plans, will have the Policy applied.

Planning Site History

57 Planning application 03/00212/OUT - Mixed use development including residential, commercial, educational, recreational and retail development with associated road works and landscaping (in outline) – Withdrawn.

36 CONSULTATIONS

Scottish Government:

58 Under the Environmental Impact Assessment (Scotland) Regulations 1999 Scottish Government are a statutory consultee to any submitted EIA. The comments detailed below are representative responses to either the content of the Environmental Statement and the appropriateness or otherwise of the submitted development proposal.

Transport Scotland:

59 No formal response received.

Historic Scotland:

60 No objection, but offered following comments in relation to impact on: • Scheduled Ancient Monuments • Setting of Listed Buildings • Historic Gardens and Designed Landscapes

61 Concern over the potential impact on the setting of Huntingtower Castle through the potential access road to the east. Historic Scotland is content with methodologies and findings included within the environmental statement and are satisfied that the screening proposals will mitigate the impact of the proposed development upon the castle. Main concerns relate to apparent changes to the infrastructure around the site and potential traffic flow problems. Traffic flow along Castle Brae East should be controlled and minimised, particularly in relation to construction traffic.

SEPA

62 No objections to planning application. Following the preparation and submission of a detailed flood risk assessment, SEPA were satisfied that it had been demonstrated that parts of the proposed site are developable in the context of potential flood risk. SEPA concluded that any proposed development and/or proposed land raising should be limited to the areas of the site identified as being outwith the 0.5% AEP or 1:200 year flood plain.

Scottish Natural Heritage

63 Holding objection issued to request additional information. It was considered that the ES did not appropriately address the European Protected Species (EPS) surveys at the time of the planning submission and have suggested that an assessment on the EPS could not be made, due to the surveys being of questionable validity.

37 Scottish Water

64 No objections to the planning application. Advised that a Water Impact Assessment and Drainage Impact Assessment will be required to establish if there is sufficient capacity within existing infrastructure.

Health & Safety Executive

65 Do not advise against development.

National Grid

66 Negligible risk.

RSPB Scotland

67 Formal holding objection – subject to the provision of further information. The information submitted as part of the Environmental Statement ‘Chapter 12 – Ecology’ which includes the findings of a Phase 1 habitat survey is not considered by RSPB Scotland to be sufficient to assess the potential impact of development on birds.

Environmental Health

68 No objection in relation to impacts from air, noise and site contamination – subject to suitable conditions and more detailed studies at the masterplan and reserved matters stage.

Executive Director (Education & Children Services)

69 No objection – subject to specific education provision proportionate with the scale of development and current school capacity; to be developed and committed at the Masterplan stage in advance of any detailed planning submission.

Biodiversity Officer

70 No objections. The accuracy of the detail originally submitted in relation to specific issues was noted by the Biodiversity Officer, as was the relative timescales passed since the original submission. Due to the accepted multi- stage approach of the development of this site and the fact this application would not grant consent for any physical works on site, it was recommended that all ecological and EPS surveys would require to be updated and augmented at each stage of development and submission for approval, prior to the commitment or commencement of any onsite development.

Flood Officer

71 No objections. Following detailed input to the updated draft flood risk assessment (FRA) (May 2011) produced on behalf of the applicant and agent,

38 PKC flooding engineer was satisfied with the competency of the FRA and did not object, subject to recommended conditions at the Masterplan and reserved matters stages (including further details worked up in relation to site access, detail on flood levels, long term maintenance of functional flood plains)

Landscape Officer

72 No objection, but include following recommendations to progress to Masterplan stage:

• The Masterplan should be supported by a set of design codes to confer continuity; • All greenspaces should provide a clear set of functions; • Maintenance of public open space in line with current policy; • Play provision in line with current policy; • Formal sports provision in line with current policy (1800 houses is calculated to generate demand for 6.9 hectares of formal sports provision); • SUDs – aim to create functional attractive and manageable areas, integrated into the overall development (avoiding an engineered approach) • Existing Trees and New Planting – intention to retain and enhance the majority of existing tree cover, suitable conditions to be applied.

Access Officer

73 No objection. The submitted transport statement was acknowledged to broadly address public access issues. It was identified that there was an expectation that the detailed plans should include an extensive path provision for pedestrians and cyclists within the site (including improving the ‘Lade Corridor’ and national cycle route 77) and a commitment to contribute to the development of the core path network beyond it. Recommended conditions to be included for the requirement of an Access Plan.

SportScotland

74 No objection. Appropriate contributions to be made for community sport facilities, both on site and off-site; commensurate with the scale of the development, phased in with the housing development.

Conservation Section

75 No objection. Concerns largely shared with HS comments, but also recommended that appropriate consideration of the setting of historic building groupings needs to be reflected through any masterplan or reserved matters application.

39 Perth & Kinross Heritage Trust - Archaeology

76 No objection, subject to appropriate conditions, including an archaeological programme of works and a condition relation to fencing off significant monuments.

Community Council

77 Tulloch – no formal response received.

78 Methven & District – objection received, summarised as:

• Threatening quality of life of existing residents; • Lacking community input; • Draft Local Plan (2004) zones the site as Greenbelt; • The Structure Plan (2002) identifies Bertha Park as the next major expansion of the city; • Flood risk, including ignoring the Almondbank flood scheme • Present pattern of fine landscape and small mixed settlements destroyed to the detriment of the locality and city • Wildlife habitats at risk.

REPRESENTATIONS

79 The application has attracted 175 representations against the proposals. The issues raised by objectors are summarised as follows:

Flooding/Drainage Issues • Potential Flooding • Almondbank flood scheme not accounted for • Lack of consideration relating to Perth Town Lade, Pow Burn and The Almond • General principle of building on flood plain • Flooding/surface water runoff • Proposed 16 holding ponds are not considered sustainable

Transport/traffic issues • Traffic impact – Inadequate road network to cope current transport infrastructure couldn’t accommodate the proposed development capacity • Cycle route 77 – negative impact • All existing paths not marked on plan • Road safety • Road Congestion at key points – liable to get worse. • Incomplete traffic assessment • Promoting further reliance on private motor car

Loss of biodiversity/habitat/open space issues • Ecological impacts/loss of habitat

40 • Loss of a ‘Green Lung’ • Loss of rural setting • Loss of arable (fertile) land. (Grade two - Macaulay Institute) • Loss of woodland – nesting and foraging habitats. Loss of hedgerows. • Recreational and wildlife corridors • Displacement/wildlife relocation • Landscape capacity assessment required • Loss of existing fine landscape and small mixed settlements

Environmental – Human Health • Health concerns through traffic pollution build up • Noise impact through existing and surrounding uses • Pylons – safety risk of development to future inhabitants

Accordance with Development Plan • Draft Local Plan of 2004 identified site as a greenbelt • Ignores Structure Plan in relation to Bertha park and Strategic Road network • Contrary to policy of ‘preserving character of rural and semi-rural locations

Culture/Historical Setting • Unsympathetic given historical importance of the area • High density housing and shopping in historical heart of the development – inappropriate • Setting of Grey Row – C listed buildings • Village centre should not be at Grey Row – more appropriate to the north

Associated Issues • Environmental Statement lacks information relating to flooding, climate change and wildlife • Proximity to gas pipeline (Scottish Gas network pipeline) • Scale of development would have an adverse impact on scale, density and environmental quality of existing hamlets and small settlements, which would be coalesced if development goes ahead • Scottish Government guidance on provision of gypsy traveller sites on grounds of conflict/hostility not considered Double Dykes) • Huntingtower and Ruthvenfield settlements adversely affected • Human cost through potential flooding • Social impact on existing residents • Several proposed new roads go through privately or jointly owned land. Does council intend to progress through compulsory purchase? • More office and retail at a time when Perth is already suffering commercially • Building site for years, adverse impact on residential amenity • Including additional land by west Huntingtower and behind Deer Park • Sewage capacity

41 Response to issues

80 The appraisal section of this report responds to the material planning concerns raised.

ADDITIONAL STATEMENTS

81 Environment Statement Submitted Screening Opinion Undertaken Environmental Impact Assessment Submitted TAY SAC – Appropriate Appropriate Assessment assessment included Design Statement/Design and Access Submitted Statement Submitted as part of the Environmental Statement; Report on Impact or Potential Impact including Flood Risk and Transport Impacts

APPRAISAL

Content and Adequacy of the E.I.A

82 The purpose of the EIA process is to examine the likely significant environmental effects from a proposed development having regard to the project and its nature, size or locality. Through the EIA process, a proper understanding of the interaction between the project and its location should be assessed to determine if the effects on the environment are likely to be significant and if there are associated mitigation measures which make this acceptable.

83 Part II, Schedule 4 of the Environmental Impact Assessment (Scotland) Regulations 1999 outlines the information required to be included in any EIA. The basic content and the associated background information of the Environmental Statement are considered to meet the basic requirements of those regulations.

84 Due to this being a multi-staged approach, through which further details are required to be submitted and formally approved, Council officers are broadly satisfied with the baseline findings at this stage of the process.

Policy

85 Sections 25 and 37(2) of the Town and Country Planning (Scotland) Act 1997 requires that planning decisions be made in accordance with the Development Plan unless material considerations indicate otherwise. The determining issues here are whether the proposals in principle comply with current Development Plan policy, or if there are other material considerations, which justify departure from policy. The most relevant policies of the Development Plan are Perth and

42 Kinross Structure Plan 2003 and the Perth Area Local Plan 1995 (Incorporating Alteration No.1 – Housing Land 2000).

DEVELOPMENT PLAN

86 The Perth and Kinross Structure Plan 2003 identifies the need to allocate sufficient land to meet housing demands generated in the Core area and to provide attractive opportunities for people to live nearer Perth as well as promoting the provision of affordable housing. To ensure sufficient provision is made for a minimum 5-year effective housing land supply is required at all times.

87 The Perth Area Local Plan 1995 meets the Structure Plan requirements by directing the majority of new development within or adjacent to Perth with the only acceptable opportunity to breech Perth’s edges at Almond Valley. A key element of the strategy in order to meet the land supply targets of the Structure Plan is the long term expansion of Perth at Almond Valley.

88 Almond Valley is identified within the settlement boundary of the Perth Area Local Plan 1995, under housing site H24, to meet future housing needs and is outlined as a priority area for the provision of affordable housing. The Local Plan provides an indicative number figure of 1000 dwellings within the site but states that the final numbers will be determined by a Master plan.

89 The key determining issues are whether the proposal is consistent with the relevant provisions of the Development Plan with regard to: scale and form, transportation, drainage and flooding, natural and cultural heritage.

Process

90 The application seeks to establish the basic acceptability of residential development and associated uses on this site through the granting of planning consent in principle. This will allow the development consortium to progress with land acquisition and produce further studies and reports as identified at this initial stage.

91 It is proposed that the planning process associated with this development comprises 3 stages, namely:

1. Obtaining planning consent in principle to formally establish the ongoing principle of development on this site whilst securing a commitment to offset the associated delivery costs of the proposed A9/A85 interchange upgrade. Stipulations of the consent in principle will seek further details relating to transportation, flooding and natural heritage issues, to be contained within a comprehensive Masterplan of the site, taking account of any issues currently identified or arising through further studies.

2. A Masterplan, which will include a phasing plan and any other associated supplementary documentation identified at the in principle stage, will be submitted for formal Council approval. This will be conditional upon a legal

43 agreement between Council and applicant (developer consortium) to secure the delivery of community facilities and developer contributions

3. The submission of phased, detailed planning applications, including any necessary additional information to allow progression and development of individual phases.

Transportation and Traffic Implications

92 There have been significant issues with the road infrastructure in and around the A85/A9 area for a number of years. Whilst the Almond Valley area has been under consideration for major housing expansion for some time there had always been the problem of implementing a suitable access arrangement. This location coupled with other potential major land use changes in the area as identified in the current adopted Local Plan and the emerging new Proposed Plan could have led to a plethora of schemes, which would in isolation or jointly cater for the new anticipated levels of traffic or the problematic current levels of traffic. The Council in trying to create a strategic solution to both the current issues of congestion in and around Crieff Road and the traffic associated with potential new developments has carried out a major review of the road network in the area.

93 A proposal for a major review of the A85/A9 infrastructure in the area has recently been lodged by the Council in the form of a planning application (ref 11/01579/FLL). This proposal involves a new link road connecting Crieff Road to the Inveralmond area and a major improvement in the junction arrangement for the A85 and A9. As part of the development work for this proposal, an allocation for housing has been set against the Almond Valley area, as well as allocations in the other strategic sites in the vicinity. The modelling work to complement the new road infrastructure has shown that the new arrangements work very well and will allow the developers of Almond Valley to link into the new proposed infrastructure. Whilst it is expected the majority of the Almond Valley housing will access the area via the new links, there will also be a new improved access of the A85. It is expected more details on the exact alignment of this route can emerge via an emerging masterplan for the area and a supporting detailed Transport Assessment.

Drainage and Flooding

94 The site is located within an area with a history of flooding, a fact which is acknowledged in the Perth Area Local Plan (1995) (PALP). Areas of the site are at risk of flooding from the River Almond, the East Pow Burn, the Gelly Burn and,the Perth Town Lade. The Town Lade is a man made watercourse which runs through the centre of the site from east to west, with an intake structure on the southern bank of the River Almond, immediately upstream of Low’s Work Weir. The revised flood risk assessment considers the risk of flooding from all aforementioned watercourses, as well as the risk from surface water and groundwater.

44 95 As per Scottish Planning Policy, there is a presumption against any development on flood plains. The developer’s flood risk assessment is based on the predicted 1 in 200 year water flows for all watercourses, plus an allowance for anticipated climate change. The mapped outputs of this assessment will go some way to inform where development can and cannot occur. At this stage the Council’s proposed Almondbank Flood Protection Scheme along the River Almond and the East Pow Burn has not been implemented. The scheme is intended to reduce flood risk to existing properties in Almondbank and Lochty. If implemented however, the risk of flooding to areas of the proposed development site adjacent to the East Pow Burn and the Perth Town Lade would also be reduced thereby increasing the areas available for development.

96 Due to the multi-stage process proposed for the development of this site, the level of detail submitted in the revised FRA is considered as appropriate to broadly advise developers as to areas of the site where they can safely develop, in the context of flood risk. Further submissions should seek to minimise potential impacts wherever possible based on impact avoidance, reduction and offsetting.

97 Both SEPA and the Councils flood risk officer are generally satisfied with the revised flood risk assessment and anticipate the level of detail submitted as being appropriate at the outline stage.

98 In accordance with Policy 45 of the PALP, the pertinent flooding and drainage issues have now been appropriately assessed and presented at this stage to the satisfaction of both SEPA and the PKC Flooding Team, allowing the principle of development on the site to be established so that it may proceed to the masterplan process.

Landscape

99 The low lying site is framed by historic deciduous tree specimens and riparian woodland, in a wider agricultural setting, within the Lowland River Corridor of the Tay Valley. In assessing the effects on local environmental quality, Environmental Resources Policy 4 states that the Tayside Landscape Character Assessment (TLCA) should be applied as a key appraisal tool.

100 The Almond Valley village site is specifically referred to in the TLCA as a Development Opportunity. The development of the site is considered to represent an opportunity to address the current ambiguous development growth to the north and North West of Perth, firming up the edge between urban and rural, while providing clear gateways into the town.

101 As part of the proposed design principles, a network of linked green spaces are proposed, utilising some of the development site constraints as an opportunity, integrating with existing robust landscape features and providing alternative pedestrian and cycle routes through the site. The proposed linked areas of open space are also proposed to form wildlife corridors.

45 102 Perth and Kinross Landscape Officer has identified that the masterplan stage of the process should be supported by a set of design codes to retain continuity throughout the phases of development. All proposed green spaces should satisfy and justify a clear function and not just constitute pieces of left over space.

103 In general, the open space design concept is broadly supported and is recommended to be worked up in further detail with a detailed landscape strategy, including retention of the majority of existing tree cover and other established `landscape features. Planting strategies which enhance the existing landscape should be included. A comprehensive landscape capacity assessment should form the background of any landscape strategy, as part of the masterplan submission.

104 In relation to visual impact, the site is considered to offer development capacity, whilst reinforcing and maintaining green corridors within the site, visually separated from Perth as a stand alone settlement, whilst building on existing infrastructure and development.

Cultural Heritage and Archaeology

105 The ES has identified 45 sites of cultural heritage interest within the red site line boundary. These widely range from buildings of local vernacular interest to crop marks indicating the presence of burial features of local archaeological importance.

106 These items include a scheduled ancient monument (Huntingtower Cairn, 3/SAM No 2267) and four category B listed buildings (Low’s work weir, Waterside Cottages, Ruthven House and Ruthven House garden wall & Lodge)

107 It is proposed that each of the specifically mentioned sites would be retained and their settings respected and protected through sensitive design. Other existing historic environmental features will also be retained where possible. It is however acknowledged that not all identified features will be preserved in situ for the development to be viable. There will be direct, irreversible damage on certain burial features, resulting in probable loss. It is proposed these adverse effects would be offset by appropriate mitigation, involving full recording of the sites and recording of archaeological data.

108 Two tree preservation orders exist on the site; Huntingtower Bleachworks and Huntingtower Hotel, which were omitted from the ES. It is recommended these are accounted for and taken forward in any future stage of the development of this site.

109 Historic Scotland and PKC Conservation Section are largely content with the methodology and findings of the ES. One of the main concerns relates to traffic proposals along Castle Brae East, which is considered to have potential adverse effects on the setting and relationship with Huntingtower Castle. The use of Castle Brae East as a dedicated vehicular route should be reconsidered to more sensitively relate to the castle and its surrounds.

46 110 The Conservation Officer had additional concerns in relation to the setting of the existing building groupings of Waterside Cottages, Grey Row, Lows Work Cottages and Weir. This relates in particular to Grey Row and Waterside Cottages which are currently framed and characterised by isolated, field bound setting, visible in long views across flat, open green spaces.

111 In addressing this issue, the Conservation Officer has suggested that visual buffer zones may assist, but the detailed resolution of this should come through the masterplan process with wider consideration given to massing, visual permeability, views in and out and the physical linkages of this valued built heritage.

112 Overall, taking account of proposed mitigation and the opportunity to further address or redress concerns identified at this point as part of the proposed multi-stage process, the principle of development on this site is calculated to not have a significant adverse impact upon the cultural heritage of the site.

Noise, Air Quality and Wider Health Concerns

Noise

113 The proposed development has been considered in line with Planning Advice Note 56 (PAN56) – Planning & Noise (accompanying circular 10/1999), provides national guidance in relation to the development of residential areas near to existing, or new noise sources.

114 Complaints were raised in relation to construction traffic, ongoing additional motorised vehicle traffic and in the ES failing to fully account for existing operational noise.

115 Ambient noise and vibration - The outcomes and recommendations of the noise and vibration study conclude that mitigation measures in isolated areas of the site should in most cases provide a satisfactory living environment, in line with established guidance and policy.

116 The outcome of the study in relation to neighbouring uses at the identified ‘Dara Depot’ will require further work; as highlighted by a formal objection letter submitted. The ES has identified that residents on the western site boundary opposite the Dara Depot and waste water treatment plant will encounter continuous plant noise, with “complaints are likely” conclusion. The recommendation provided of contacting site operators in the first instance is not considered feasible or reflect a sound planning principle. The masterplan process should account for this and incorporate a buffer zone or associated mitigation measures to ensure that complaints are unlikely.

117 Construction noise - Mitigation measures will be considered and adhered to as appropriate.

118 Operation Plant noise - No residual adverse impacts are expected.

47 119 Traffic noise - For all assessed road stretches, the impact from traffic noise has been demonstrated to be either negligible or having no effect.

Air Quality

120 The principal potential impact is anticipated to be associated with an increase in motor vehicle traffic in and around the site area, attributed to direct residential occupation of the proposed infrastructure. The precise impact of anticipated changes will depend upon the magnitude of traffic change on the local road network and the scale of the development agreed as part of the masterplan process. As part of this, account will have to be taken in relation to the proposed upgrade of the A9 and A85 road junction, which is currently a live planning application.

121 Overall pollutant concentrations have been demonstrated to comply with the National Air Quality Strategy (NAQS) objectives within the application site (and its vicinity). Air quality has been categorised as a ‘low’ planning consideration in relation to the consideration criteria. All air quality impacts identified within the ES have been assessed as being of negligible significance.

Wider Health Concerns

122 Objectors raised concerns in relation to the traffic pollution and noise impact which have been addressed in the aforementioned paragraphs. Other objections were received to the perceived safety risk of future occupiers of the development with a close relationship to the overhead pylons. The National Grid has identified this proposal as posing a negligible risk in relation to the overhead pylons and the underground gas pipeline passing through the site. Minimum recommended distances will be respected in both cases.

123 The Councils Environmental Health team have recommended that a more detailed air quality impact assessment and noise impact assessment is submitted for approval as part of the Masterplan process, taking account of any identified restrictions in informing their final proposed layout and detailed design.

124 At this stage, the council are satisfied that adequate information has been supplied as part of the ES to determine that the principal of development on this site is reasonable in relation to noise, air quality and wider health concerns, but acknowledge that further details will require to be worked up and supplied as part of any masterplan or reserved matters application.

Other Material Considerations

125 Residents of Double Dykes travelling site have objected in relation to, amongst other items the potential coalescence of their site with the proposed development and the potential for racial abuse from residents within the proposed development site.

48 126 The SPP has identified through paragraphs 89 – 91 that appropriate account should be made to Gypsies and Travellers in relation to housing need and site location.

127 It is recommended that appropriate consideration for the overall situation and relationship of the Double Dykes site be accounted for in relation to the masterplan process, in line with national best practice.

Natural Heritage Interests

128 Section 12 – Ecology of the supporting ES has attempted to broadly address and assess the potential impacts of the proposed development on ecology and nature conservation.

Designated Habitats:

129 The Habitats Directive is a major contribution by the European Community to implementing the Biodiversity Convention agreed by more than 150 countries at the 1992 Rio Earth Summit. As well as establishing Natura 2000 areas, the Directive has a number of wider implications, such as those relating to European Protected Species.

130 The Habitats Directive sets out an obligation on Member States in relation to taking appropriate steps to avoid the deterioration of natural habitats and the habitats of species as well as disturbance of the species for which the areas have been designated. The Directive requires that any plan or project not directly connected with or necessary to the management of the SPA but likely to have a significant effect thereon, either individually or in combination with other plans or projects, shall be subject to appropriate assessment of its implications in view of the site’s conservation objectives

131 The qualifying interests of the Tay Special Area of Conservation are as follows:-

• Atlantic salmon • sea lamprey • river lamprey, • brook lamprey, • clear-water lochs and • otters.

132 When determining applications the Planning Authority is required to have regard to the Habitats Directive and the Habitats Regulations. Consideration of how ‘European Protected Species’ (EPS) are affected must be included as part of the consent process, not as an issue to be dealt with at a later stage. Three tests must be satisfied before the Scottish Government can issue a license under regulation 44(2) of the Habitats Regulations so as to permit otherwise prohibited acts. To enable an assessment against the three tests the applicant was advised that a bat survey should be undertaken.

49 133 Three tests must be satisfied before the Scottish Government can issue a license under regulation 44(2) of the Habitats Regulations so as to permit otherwise prohibited acts. An application will fail unless all of the following three tests contained within the Regulations are satisfied:

• the activities to be carried out under any proposed licence are for the purpose of “preserving public health or public safety or other imperative reasons of overriding public interest including those of a social or economic nature and beneficial consequences of primary importance for the environment”.

• “ there is no satisfactory alternative”.

• “the action authorised will not be detrimental to the maintenance of the population of the species concerned at a favourable conservation status in their natural range”

134 When determining a planning application the planning authority is required to have regard to the Habitats Directive and the Habitats Regulations. Accordingly, the local planning authority should also have regard to the Scottish Government Guidance on European Protected Species, Development Sites and the Planning System - Interim guidance for local authorities on licensing arrangements (October 2001). This states that it is essential that planning permission is not granted without the planning authority having satisfied itself that the proposed development either will not impact adversely on any European protected species on the site or that, in its opinion, all three tests necessary for the eventual grant of a Regulation 44 licence are likely to be satisfied.

135 Both RSPB and SNH have submitted consultee responses to advise that at the time of submission, the surveys submitted in relation to birds and EPS were insufficient and an assessment of the impact through the proposed development could not be undertaken.

136 SNH elaborate to state EPS may be impacted as follows:

• River Almond is likely to form part of an otter territory and that otters use the Perth Lade as a link between watercourses • Bats may be present in the farm buildings which are to be demolished or in woodland, which will be affected by the development.

137 In relation to RSPB; a follow-up breeding bird survey was submitted in September 2008, attempting to address the original objection of April 2008.

138 The Councils Biodiversity Officer has taken account of both the quality and validity of the information submitted to date. Whilst the assessments were acknowledged as out of date and questionable on the level of comprehension, no objection has been submitted due to the understanding and certainty that no physical development will be approved as part of this application and there will

50 be further opportunities to fully assess and appropriately mitigate for EPS as part of the masterplan and reserved matters process.

139 The Council as the competent Authority has undertaken an Appropriate Assessment of this proposal by fully considering the details submitted as supporting information and fully considering the advice received from SNH.

140 These impacts could be prevented and mitigated for if made subject to conditions. The outcome of the Council’s Appropriate Assessment is that the proposals would not adversely affect the integrity of the Tay Special Area of Conservation.

141 Accordingly, at this stage it is not considered that the potential threats to population, distribution or habitat of protected species (in particular bats and otters) are insurmountable issues, which would on their own obstruct the granting of consent in principle. Cognisance has been taken of the aforementioned three key tests and will be addressed appropriately at the consecutive stages of the development process (unless the information is still valid < 18 months); at details commensurate with the context, scale and phase of the site development.

Scale and Design Concept

142 Objectors raised concerns in relation to the scale overall of the development, compared to number identified in the development plan.

143 The general approach to development, utilising existing landscape and building features to shape the layout and tie it to the overall site context is supported. The design concept includes organic, fragmented perimeter sub-blocks with a generous open space setting, which has the potential to respond positively to the existing site characteristics. Detailed design of these areas should be sensitively guided by existing field boundaries, planting and watercourses, enhancing existing views, natural features and the setting of listed and unlisted, historic buildings.

144 Existing boundary features should be retained and reinforced, used as a point of reference for other areas of the site.

145 The proposed community hub will be integral to the success or failure in achieving a sense of place and providing a platform for a sustainable community environment to be nurtured and continue to exist. Residential elements within the community neighbourhood should be designed at a higher density, including townhouses and flats above retail units. The Masterplan exercise should also consider a wide mix of complimentary uses with a balance of night and day activity.

146 All building design should reflect the age of the building, contemporary in appearance and form, avoiding a pastiche or pattern book approach. Designs should be site specific, considering localised identity, outlook and solar orientation. Innovative, architectural design will be supported as part of the

51 masterplan process. A comprehensive design statement will be submitted alongside the Masterplan to fully justify the architectural and urban design approach.

147 Overall, the proposed house numbers are not approved at this stage. It is intended that the scale of development will be ascertained through the outcome of the detailed Masterplan process and associated legal agreement, which will then inform associated infrastructure requirements and facilities including education and community facilities, public transport improvements and carbon reduction measures.

150 Full details in respect of relative building heights, block sizes, movement patterns and open space hierarchies should be fully investigated and portrayed within the masterplan process in advance of any reserved matters applications.

Environmental Impact Assessment

151 On the whole, assessments undertaken and forming elements of the EIA have anticipated negligible, minor adverse impacts or overall beneficial impacts. There were several areas of the original ES, which were considered to be requiring further development, particularly flooding, transportation and biodiversity/natural habitat. In general, where adverse impacts have been identified for the completed development, appropriate mitigation measures have been proposed. Additional assessments and associated mitigation measures will be worked up and appropriately reassessed during the masterplan stage and as appropriate through any subsequent detailed design stages in any reserved matters planning applications.

LEGAL AGREEMENTS

152 None required at this stage – addressed at Masterplan stage.

DIRECTION BY SCOTTISH MINISTERS

153 Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2008, regulations 30 – 32 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

154 Section 25 of the Act requires that determination of the proposal should be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The proposal seeks to formally establish the principal of development on the associated site and is consistent with the objectives of the Development Plan.

155 Almond Valley Village is a longstanding, committed residential development site. Whilst alternative site options may exist; none are currently as well placed to deliver a new sustainable community, serving as a satellite settlement to

52 Perth whilst additionally assisting to facilitate strategic regional transportation improvements for the wider area.

156 The proposed development at the zoned Almond Valley site is therefore considered to accord with the development plan, will lead to the creation of new jobs, enhanced community and educational facilities and homes, which will significantly assist in meeting local and national targets in a sustainable and measured fashion.

RECOMMENDATION

A Approve the application subject to the following conditions:

1 The Council as Planning Authority hereby directs that formal application(s) for the Approval of Matters Specified in Conditions as specified below shall be submitted to, and approved by, the Planning Authority before the commencement of development. For the proposed phased development hereby approved, the first application for the Approval of Matters Specified in Conditions shall be made no later than 2 years from the date of this permission and all such subsequent applications for the totality of this proposed development shall have been made not later than 20 years from the date of this permission or, if later, within 6 months from when an earlier approval for the same matters was refused or dismissed at appeal. Notwithstanding this, the proposed development shall be commenced within 5 years from the approval of this planning application for planning permission in principle, or within 3 years from the date of approval of the first application for such matters, whichever date is the earlier.

2 The draft Masterplan as submitted, including the indicative site layout and house numbers is not approved.

3 All existing trees and hedgerows shall be retained, unless otherwise agreed in writing by the Planning Authority.

4 All existing rights of way, core paths and ‘National Cycle Route 77’ within the completed village shall at all times be protected and remain operational during the construction phases.

5 Mitigation measures submitted as part of the Environmental Statement shall be incorporated into the Masterplan and subsequent applications for the approval of matters specified in conditions attached to this consent and thereafter fully implemented.

6 No more than 50 residential units of the Almond Valley Village Development approved by virtue of this planning permission in principle shall be occupied prior to the delivery of a new onsite primary school, unless otherwise agreed in writing by the Planning Authority.

7. No development shall take place prior to the legal commitment of the associated junction upgrade at the A85/A9.

53 8 No more than 100 residential units of the Almond Valley Village Development approved by virtue of this planning permission in principle shall be occupied prior to the delivery and operation of the A85/A9 junction upgrade, unless otherwise agreed in writing by the Planning Authority.

MASTERPLAN

9 Before any applications for the Approval of Matters Specified in Conditions are submitted, a Masterplan and Phasing Plan for the entire development shall be submitted to the Planning Authority for formal approval subject to a planning obligation to secure contributions to and the provision of necessary infrastructure in accordance with the Council’s Policy on Developer Contributions. All applications for the Approval of Matters Specified in Conditions shall accord with the approved Masterplan.

10 The Masterplan shall include the following:

Phasing

Proposed phasing of site, (taking account of current infrastructure restrictions) to ensure the provision of facilities and infrastructure are provided at appropriate stages in relation to the associated residential development.

Flooding & Drainage

The Masterplan shall take full account of the findings of the current Flood Risk Assessment (dated 31 May 2011) and Drainage Strategy (dated 16 May 2011) and any subsequent updates. A drainage and SUDS plan accompanied by a Drainage Impact Assessment for the entire site shall be submitted and agreed with the Flood Authority prior to further detailed applications.

Transport

A Detailed Transport Assessment (including provision of assessment to neighbouring land, Bertha Park and wider connections to Perth’s bus network)

Landscape & Biodiversity

Current tree survey of entire site, including: • Plan to scale showing the position of every tree on site with a stem diameter over the bark measured at 1.5 metres above ground level of at least 15cm; • The details of each tree as required in paragraph 4.2.6 of BS5837, 2005 in a separate schedule; • A schedule of tree works for all trees specifying those requiring removal, pruning or associated preventative work; • The details of all the appropriate tree protection measures for every retained tree before and for the entire duration of the course of the development.

54 A statement setting out the principles of arboricultural sustainability in terms of landscape, spatial integration and post development pressure.

A detailed report on all woodland areas including 20 year management plan for each area.

Detailed Ecology Survey, including:

Current detailed breeding bird and protected species surveys (<18mths)

a) abstraction and drainage strategies b) Lamprey and salmon habitat survey c) Otter survey

Construction Method Statement, Including:

• Pollution prevention safeguards (including drainage arrangements and possible use of siltation traps, settlement tanks and bunds); • Storage and disposal of materials (including the siting of stock piles, use of buffer strips and disposal methods); • Construction site facilities (including extent and location of construction site huts, vehicle equipment, and materials compound); • Timing duration and phasing of construction (salmon and lamprey migration/spawning).

A Biodiversity Management Plan

Open Space & Access

Design Codes to be developed and carried through the phasing process in relation to the landscaping of public open spaces and boundary treatment.

A plan of all open spaces including their intended purpose under the typologies defined in PAN 65 (Planning and Open Space)

Proposed Planting Strategy for structure planting and all public open space elements.

Open space, play areas and formal sports provision in line with local needs provision assessment.

Outdoor Access Plan including details in accordance with recommendations of Perth and Kinross Access Officer.

Education/Health/Community

Areas of land allocated for the primary schools, community facilities, retail and health uses.

55 Renewable’s

Including investigation of the provision of a district heating system and combined heat and power infrastructure, utilising renewable resources.

Environmental Health

• A Noise Impact Assessment in accordance with Planning Advice Note (PAN) 1/2011: Planning and Noise and the Scottish Government’s Technical Advice Note (TAN) on the Assessment of Noise.

• A detailed Air Quality Assessment, taking account of phasing, associated proposed planning applications (where appropriate) and any proposed road network alterations in the immediate vicinity of the site.

Cultural Heritage

• Cultural heritage chapter 5 of the submitted Environmental Statement shall be further developed, taking account of comments from Historic Scotland and Perth and Kinross Council’s Conservation Section.

Appropriate consideration of the setting of listed buildings to Waterside Cottages, Grey Row and Lows work Weir.

PRIOR TO COMMENCEMENT CONDITIONS

11 Before any development commences on each phase of the development, the further approval(s) of the Planning Authority shall be obtained in respect of the matters specified below.

• The layout of the site including principal and residential roads.

• The size, height, design and external appearance of the proposed dwellinghouses and commercial related buildings associated with the proposed development and associated landscaping.

• Full Drainage Impact Assessments, including full details of proposed drainage and sewage disposal, together with full details of proposed SUDS measures to address surface water drainage.

• Detail of the access arrangements for courtyards.

• The provision of public open space and structure planting, together with associated maintenance arrangements.

• The provision of appropriate car parking.

• Boundary treatments.

56 • The details and phasing of the recreational elements and maintenance arrangements.

• Existing and proposed finished road levels.

• Proposed finished building and hard surface floor levels.

• Details of all street furniture and lighting.

Affordable Housing

12 The development shall be in accordance with the Council’s Affordable Housing Policy approved in August 2005 which requires a 25% allocation of affordable units within the development all to the satisfaction of the Council as Planning Authority.

Transport

13 All matters regarding access, car parking and road layout design and specification (including drainage) shall be in accordance with the standards required by the Council as Roads Authority and to the satisfaction of the Planning Authority.

14 All transport proposals shall be in accordance with Designing Streets and Perth and Kinross Roads Development Guide as appropriate.

15 Castle Brae East shall not be used at any time by construction traffic associated with the development

Landscape & Biodiversity

16 Where existing habitat and species surveys are over 18 months old, they shall be updated and submitted as part of any applications for the Approval of Matters Specified in Conditions.

Contamination

17 No development shall commence until a scheme to deal with contamination on the site has been submitted to and approved in writing by the planning authority. The scheme shall contain details of proposals to deal with contamination to include:

• the nature, extent and type(s) of contamination on the site • measures to treat/remove contamination to ensure the site is fit for the use proposed • measures to deal with contamination during construction works • condition of the site on completion of decontamination measures

57 Before any residential unit is occupied the measures to decontaminate the site shall be fully implemented as approved by the planning authority.

Waste

18 For each phase of the development, the application shall include a site specific plan, detailing bin storage areas, kerbside collection locations and recycling facilities for approval by the Planning Authority

19 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 Perth and Kinross Heritage Trust.

Flooding

20 The phasing shown within the approved Masterplan shall prohibit development within those areas where flooding is currently predicted (i.e. the western part of the site; areas along the Perth Town Lade; areas shown on the flood maps produced by Mouchel for the Almondbank Flood Scheme) until Perth & Kinross Council’s Almondbank Flood Protection Scheme is in place, unless otherwise agreed in writing by the Planning Authority.

21 Any proposed development and/or landraising shall be limited to those areas of the site outwith the functional floodplain, as per Figure 7 of the applicant’s Flood Risk Assessment (dated 31 May 2011).

22 The areas of functional flood plain within the site shall not be developed, or ground levels increased, at any time in the future. These areas shall be maintained as green space in perpetuity.

23 Finished floor levels of properties and garden levels shall be set at an appropriate freeboard height (600mm for properties and 300mm for gardens) above the predicted 1 in 200 year peak flood level including an allowance climate change. The above freeboard heights shall be increased (to 800mm for properties and 500mm for gardens) in the areas identified within the applicant’s Flood Risk Assessment (dated 31 May 2011) where there is a risk of high riverbank failure.

24 Any proposals for landraising shall be linked to the provision and maintenance of compensatory flood water storage and have a neutral or better effect on the probability of flooding elsewhere in accordance with paragraph 208 of the SPP.

58 25 No development (including the provision of gardens areas) is permitted within 6m of the banks of the River Almond, the East Pow Burn or any other watercourse.

26 Flood risk from ground water, surface water and overland flow from within our outwith the site shall be considered as part of all applications for the approval of matters specified in conditions. Full details of proposed flood mitigation measures to address these issues shall be submitted to the Planning Authority for approval.

27 Sustainable urban drainage is to be implemented on the site. Full details shall be submitted to the Planning Authority for Approval. The applicant will minimise the volumes and rates of surface water discharged to the Perth Town Lade by directing discharges, where practicable, to the River Almond. Any post- development run-off outfalling to the Perth Town Lade via SUDS measures will have to be attenuated to 80% of the pre-development ‘greenfield’ run-off. This restriction shall also apply to associated overland flow.

28 Any proposed SUDS measures shall not be located on functional flood plains.

REASONS:

1 The Council has made this direction having had due regard to the provisions of the development plan and other material considerations relevant to the proposed development, and to enable the Planning Authority to control the development in detail in compliance with Section 21 of the Planning etc. (Scotland) Act 2006, and Section 59 of the Town and Country Planning (Scotland) Act 1997 (as amended).

2 The application is for planning permission in principle only at this stage.

3 In the interest of amenity and biodiversity.

4 In the interest of sustainable transportation.

5 To ensure environmental impacts are satisfactorily mitigated.

6 To ensure there is sufficient local primary education capacity for the proposed development.

7 To ensure delivery of infrastructure essential to serve the development is provided in a timely manner and insure access to and from the site in times of flood.

8 To ensure delivery of infrastructure essential to serve the development is provided in a timely manner and insure access to and from the site in times of flood.

59 9 In the interests of the proper planning of the area and in order to control implementation of the development in compliance with the provisions of the development plan.

10 In order to provide a fully detailed, site development framework, appropriately informing and coordinating site development; giving due regard to environmental protection, visual amenity and wider sustainability objectives.

11 The application is for planning permission in principle only at this stage.

12 To comply with the Council’s approved policy on affordable housing.

13 In the interests of pedestrian and traffic safety and in the interests of free traffic flow.

14 In the interests of pedestrian and traffic safety and residential amenity in placemaking.

Prior to the commencement of the development, the applicant shall submit to and have approved by the Council as Planning Authority, a Green Travel Plan for the Almond Valley Village Development. Details to be included and agreed shall include:

1 Details of all proposed bus stop infrastructure, routing and associated pedestrian access;

2 Details of all cycling and walking facilities

15 In the interests of pedestrian and traffic safety

16 To ensure that any Approval of Matters Specified in Conditions is based on the most recent information and to safeguard the wildlife interests of the site.

17 To ensure all contamination is satisfactorily dealt with.

18 To ensure there is adequate provision for waste disposal and recycling.

19 To ensure sites of archaeological interest are properly protected and recorded as appropriate.

20-28 To ensure that flood risk is satisfactorily taken into account and fully mitigated.

B JUSTIFICATION

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

60 C PROCEDURAL NOTES

1 The applicants shall enter into a planning obligation at the approval of the Masterplan stage to secure contributions to and the provision of necessary infrastructure in accordance with the Council’s Policy on Developer Contributions, including the following Draft Heads of Terms:

a. Junction Upgrade (Commitment to A9/A85 junction upgrade and delivery prior to the occupation of 100 houses on site)

b. Children’s play areas/Sports provision

c. Leisure and recreation

d. Landscaping and open space

e. Primary School/Community Centre/library (Including delivery of a primary school prior to occupation of 50 houses)

f. Affordable Housing

g. Retail subsidy

h. Surgery Site – identified and set aside

i. Employment land

2 If members are minded to support the application in line with recommendation, they are advised that in accordance with The Town and Country Planning (Notification of Applications) (Scotland) Direction 2009 advising on the procedure for notification of planning applications to the Scottish Ministers; as there is an outstanding objection from Scottish Natural Heritage, it would be necessary to refer the application to Scottish Ministers.

D INFORMATIVES

Should consent be given, it is important that the developer or their agent contact the heritage trust to allow the archaeologist to explain the procedure for work required and prepare them written Terms of Reference.

Background Papers: 175 letters of representation Contact Officer: Callum Petrie Ext 75353 Date: 24 November 2011

Nick Brian Development Quality Manager

61

62 Perth & Kinross Council 08/00678/IPM Land adjacent to Huntingtower and Ruthvenfield - Resid.-led dev. to provide 1800 homes, primary school, leisure, retail, office facilities & assoc. works

This map is for reference only and must not be reproduced or used for any other purpose

Scale K 1:25000 Reproduced by permission of Ordnance Survey on behalf of HMSO. © Crown copyright and database right (2011). All rights reserved. Ordnance63 Survey Licence number 100016971 Perth & Kinross Council 08/00678/IPM Land adjacent to Huntingtower and Ruthvenfield - Resid.-led dev. to provide 1800 homes, primary school, leisure, retail, office facilities & assoc. works

This map is for reference only and must not be reproduced or used for any other purpose

Scale K 1:15000 Reproduced by permission of Ordnance Survey on behalf of HMSO. © Crown copyright and database right (2011). All rights reserved. Ordnance64 Survey Licence number 100016971