4(2)(i) 11/12 Perth and Council Development Control Committee – 19 January 2011 Report of Handling by Development Quality Manager

Alterations to hotel, subdivision of south wing to form two dwellinghouses, alteration and extension of stable yard to form 3 dwellinghouses and a heritage centre and the erection of detached dwellinghouse at the Amulree Hotel, Amulree, , PH8 0EF

Ref No: 10/01066/FLL Ward No: 15 -

Summary This report recommends approval of the application on the grounds that the proposal complies with the Development Plan.

BACKGROUND AND DESCRIPTION

1 The application site relates to the Amulree Hotel which is located at the northern end of the small highland hamlet of Amulree. The site comprises the main hotel building, an ancillary stable yard (comprising two stable blocks), existing car parking associated with the hotel and ancillary grounds to the rear (west). Collectively, the site covers an area of approx 1 ha and is bounded by the A822 public road along its frontage (east), by the River Braan to the rear (west) and by pockets of paddock areas to the north and south. The general topography of the site is falling ground to the rear towards the River Braan and rising ground north to south along its frontage with the public road.

2 The main hotel building is a substantial traditional building with accommodation principally on two levels, with the upper floor provided partly within the roof space. To the rear of the hotel, a third level of accommodation is provided within the basement. The stable yard is formed around two existing attached linear stable blocks which form an ‘L’ shaped building. The rear (west) building is the larger of the two with a slightly higher ridge line. Both the buildings at ground level have storage/garages, with additional storage and ancillary living accommodation (for staff) available within the roof space. The rear building also has a small unused basement area. The rear building is physically attached to the hotel building by way of a single storey extension, which was formerly used as an old hotel bar.

3 The Amulree Hotel ceased trading on a day to day basis on the 14 October 2007. Since 2007 the stable yard buildings have been used purely for storage purposes.

4 The application seeks detailed planning consent for four principal elements. These are:

i) The conversion of the existing hotel to an inn; ii) Redevelopment of the existing stable yard buildings into: • A three storey heritage centre (with a small retail element)

39 • A two bed flat • Two end terrace dwellings iii) The conversion of the existing hotel’s south wing to form two dwellings; and, iv) The erection of a new detached dwelling south of the hotel.

5 The re-development of the main hotel comprises formation of a new bistro area and the reduction in the size of the hotel from a 12 bedroom hotel to a smaller inn with 6 guest suites. Ancillary restaurant and support facilities will be provided which will be open to the public.

6 The conversion of the south wing of the hotel to two dwellings will result in the loss of the existing dining room of the hotel and four guest bedrooms. Both the new dwellings will provide accommodation over two levels, with the upper floors within the roof space. A small full height extension is proposed to the existing building on the southern gable to provide for a new entrance porch and stairwell enclosure. In addition, several minor window / door alterations are proposed to the original building.

7 In terms of the stable yard re-development, the roofs of both the stable blocks will be removed and the existing ridge lines increased by approx 1.3m and 0.4m, which will result in a uniformed ridgeline of approx 7.15m above the existing ground level. At the corner of the two buildings, a new tower feature is proposed. As part of the re-development of the stables, the single storey former bar area is to be demolished and a mansard roofed full height extension added on the rear (west) elevation. Within the refurbished stable block, a dwelling with accommodation over two levels, with the upper floor in the roof space to be provided at either end of the ‘L’ shaped building with the central area in between the two dwellings becoming a local heritage centre. The heritage centre will include two exhibition rooms, an information room, one multi purpose room and a café/restaurant area with toilet facilities. The applicant has indicated that it is envisaged that a small level of retail will be present within one of the heritage centre rooms.

8 The new detached dwelling will be located south of the existing hotel building on ground that is presently utilised as car parking for the hotel and which sits slightly higher than the existing hotel. The dwelling will be of a bespoke design with accommodation provided over two levels, with the upper level within the roof space. The ridge line will be slightly higher than the hotel, due to the increase in ground levels on this part of the site. The overall design and appearance of the detached dwelling is a modern take on a traditional form, with a mansard style roof on the north elevation gable a notable feature.

PROCEDURAL MATTER

9 Within the representations it has been alleged that part of the application site (to the north) is not wholly within the ownership of the applicant, which is contrary to what has been declared in the planning application submission, To this end, the applicant was contacted and it was confirmed in writing by the applicant that all the land within the RED line planning application boundary is

40 wholly within the applicant’s ownership. I therefore consider this issue to now be a private civil matter between the two parties, and not one to be resolved during the course of this planning application.

NATIONAL PLANNING POLICY AND GUIDANCE

10 The Scottish Government expresses its planning policies through the National Planning Framework 1 & 2, the Scottish Planning Policy (SPP), Planning Advice Notes (PAN), Designing Places, Designing Streets, and a series of Circulars. . The Scottish Planning Policy 2010

11 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. () 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.

12 Of specific relevance to this application are;

• Paragraphs 66-91 which relate to housing • Paragraphs 92-98 which relate to rural development • Paragraphs 45-51 which relates to economic development.

Designing Places – A policy statement for Scotland

13 Whilst PANs on subjects such as the Siting and Design of Housing in the Countryside, Small Towns and Town Centre Improvement had previously been published this was the first general statement setting out the Scottish Government’s aspirations for design and the role of the planning system in delivering these. This document fills that gap. This statement sits alongside the policy on architecture, which was launched in October 2001, and it is a material consideration in decisions in planning applications and appeals. It will also provide the basis for a series of PANs dealing with more detailed aspects of design.

Planning Advice Note 67: Housing Quality

14 Designing Places, published November 2001, sets out the Scottish Government’s aspirations for design and the role of the planning system in delivering them. This PAN explains how Designing Places should be applied to new housing.

41 Planning Advice Notice 74: Affordable Housing

15 This PAN sets out how the planning system can support the Government’s commitment to increase the supply of affordable housing. It provides advice and information, including existing examples of better practice. It seeks to speed up the development of both market and affordable housing by ensuring that any affordable housing requirement included in the Development Plan is realistic and that the planning contribution is set within the wider housing policy context

Planning Advice Note 76: Designing new residential streets

16 The PAN has been produced in line with the Scottish Government’s drive to promote the design agenda. It follows on from Designing Places and forms part of the design based series of PANs. In particular, it complements, and should be read in conjunction with, PAN 67 Housing Quality. The advice applies to everyone engaged in the planning, design and approval of streets in new residential developments including planners, road engineers, architects and developers. In particular, it means that planners and engineers should work more closely together.

DEVELOPMENT PLAN

17 The Development Plan for the area comprises the approved Structure Plan 2003 and the adopted Highland Area Local Plan 2000.

Perth & Kinross Structure Plan 2000

18 Within the Structure Plan, the site is identified as being within the Upland Area of Perth and Kinross. Strategy 3 of the Structure Plan is directly applicable to the Upland Area and seeks to offer support to diversification and looks to sustain fragile communities. The strategy promotes this objective by (amongst others things) encouraging small scale housing where it supports fragile communities, is necessary for economic development and does not conflict with the Council’s environmental objectives.

Highland Area Local Plan 2000

19 As the application site lies fully within the small settlement boundary of Amulree, the proposal falls to be assessed primarily against Policy 99 of this Plan. This policy seeks to ensure that the residential amenity and village character be protected and states that some scope may exist for infill development but only where new development does not adversely affect the density, character and amenity of the settlement

20 In addition to Policy 99, the following Local Plan policies are also relevant to this proposal.

21 Policy 1 (Sustainable Development), which seeks (amongst other things) to ensure that development within the Highland Area is carried out in a sustainable manner.

42 22 Policy 2 (Development Criteria), which seeks (amongst other things) that all sites have a good landscape framework, compatible with their surroundings and have due regard to the scale, form and density of the existing areas.

23 Policy 5 (Design), which seeks a high standard of design for all developments.

24 Policy 30 (Tourism and Recreation), which offers support for developments which improve the quality of existing tourist facilities providing they are consistent with Local Plan policies are applicable to this proposal.

OTHER COUNCIL POLICIES

Affordable Housing Policy 2005

25 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 on sites comprising 5 or more new dwellings, preferably on site provision, however for developments of less than 10 units or in remote rural areas, commuted payments in lieu of onsite provision maybe acceptable.

Planning Guidance Note – Developer Contributions May 2009

26 Across Scotland local authorities are having difficulty maintaining and developing infrastructure in order to keep up with the pressures of new development. Additional funding sources beyond that of the local authority are required to ensure that infrastructure constraints do not inhibit sustainable economic growth.

Planning Guidance Note: Primary Education and New Housing Development 2009

27 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.

SITE HISTORY

Conversion of stable yard to Bar/Restaurant and chalets and the erection of 3 detached chalets (PK89/1683)

28 This application related to the conversion of the two stable blocks into holiday chalets and a new bar restaurant area (presumably to cater for the new chalets) and the erection of three new chalets within the grounds of the hotel. This consent, to the best of my knowledge, was never formally implemented and has therefore now expired.

43 Conversion of barn/stable block into residential accommodation (04/01181/FUL)

29 This application related to the conversion of one of the two existing stable blocks into residential accommodation. The application was approved on the 11 August 2004 subject to a series of conditions, one of which was an occupancy condition restricting the occupancy of the dwelling to an employee of the hotel only. As it does not appear that this consent has been implemented prior to 11 August 2009, this consent has also expired.

CONSULTATIONS

30 Scottish Natural Heritage has commented on the application in terms of the impact on the River Braan and has raised no objection.

31 The Environmental Health Manager has commented on the application in terms of noise, odours, air quality and aspergillus mould and has raised no objection, subject to a number of conditions relating to the aforementioned topics.

32 Scottish Water has commented on the application and indicated that there are no public sewers within the area or a public water supply.

REPRESENTATIONS

33 At the time of writing, sixteen letters of representation have been received exclusively objecting to the proposal. The main issues raised within the representations are:

• The proposal is contrary to the Development Plan • Loss of hotel facility • Lack of water supply / impact on existing supply • Issues over land ownership • Road safety issues • Design issues

34 These issues are addressed in the appraisal section of the report.

ADDITIONAL STATEMENTS

35 Environment Statement Not required Screening Opinion Not required Environmental Impact Assessment Not required Appropriate Assessment Not required Design Statement / Design and Access Submitted Statement

Report on Impact or Potential Impact None

44 APPRAISAL

Policy

36 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) requires the determination of the application to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise.

37 In terms of the Development Plan, the key policies are contained in the adopted Local Plan, which is the Highland Area Local Plan 2000. The key determining issues for this application are ultimately whether or not the proposal accords with the aims of Policy 99 of the Highland Area Local Plan 2000 which seeks to ensure that the character, density and amenity of the area concerned is not adversely affected by new developments and whether or not the non-residential activities are compatible with the existing area. For reasons stated elsewhere in the report, I consider this proposal to be in accordance with the Development Plan.

Land Use

38 With the exception of the continuing hotelier/inn use, two additional different land uses are proposed as part of this development, a residential use and a Class 10 (non-residential institutions) use. As the local area is predominantly residential in character (with the exception of the existing hotel), I consider the principle of further residential units in this locality to be acceptable. In terms of the heritage centre, based on the proposed description of the activities envisaged that the applicant provides, the heritage centre would, in my opinion, fall within the realms of Class 10 of the Use Classes Order (non-residential institutions). Such a use tends to be compatible with residential use, and my colleagues in Environmental Health have concurred with this view and raised no objection, subject to several conditions which relate to restrictions on noise and odours. In terms of the compatibility of the new inn and the proposed residential units, again my colleagues in Environmental Health have raised no objection, subject to conditions relating to odours and noise. I therefore consider the proposed land uses in this location to be individually and collectively consistent with the aims of Policy 99 of the Highland Area Local Plan 2000, which seeks to ensure that new proposals do not adversely affect the character, density and amenity of the existing area and Policy 2 of the Highland Area Local Plan 2000 which seeks to ensure that all new developments are compatible with their surroundings.

Density and Layout

39 As the footprint of the stable block is only slightly being increased in area (as a result of its rear extension), and the main hotel building is also essentially remaining the same, I consider the principle issues over layout and density to be centred around the proposed new dwelling south of the main hotel. In terms of its siting, the dwelling is set back from the public road a comparable distance to that of the adjacent hotel building and is separated from the southern

45 residential annex of the hotel by just over two car widths. Although there is little space to the front and sides, I consider the siting of the new detached dwelling to be acceptable and its close physical relationship to the hotel building does not detract from the character of the area nor from the hotel itself. The limited amenity space to the front and sides is made up by a large private garden area to the rear which would provide adequate amenity space for any future occupiers of this new family home.

Visual Impact

40 The alterations to the stable yard buildings and the creation of a new dwelling will have a significant impact on the visual appearance of the site from the public road. However, I consider both elements to have been sympathetically designed, and in my opinion will not have an adverse impact on the visual amenity of the local area or on the character of the wider rural area. The new tower feature on the stable block will undoubtedly add a new landmark feature to the area, however, in my opinion the tower, in the context of the adjacent hotel building, will not look out of character and would be a positive addition to the visual character of the area. The development is therefore consistent with Policy 5 of the Highland Area Local Plan 2000 which seeks to ensure that all new developments within the highland area are of a suitably high standard.

Impact on Residential Amenity

41 In terms of direct impact on existing residential amenity ie overlooking, overshadowing, loss of privacy etc, the proposal will have limited impact on any existing residence within the Amulree settlement or others which are proposed as part of this development. Noise and odours from all non- residential uses will be suitably controlled and restricted by appropriate conditions.

Loss of Public Amenity

42 Concern has been made within the representations that the downsizing of the existing hotel to a smaller inn will have a permanent adverse impact on the local community and on local tourism. Although the Amulree Hotel has not been fully operational on a day to day basis since late 2007, it is clear from the representations that many locals still harbour hope and aspirations that the hotel may be re-opened in its present state to the public sometime in the future. As there are no other hotels, public houses or restaurants within Amulree, the hotel (and what it offers) is a valued amenity in the local community and it is extremely regrettable that it can not be retained in its entirety. However, the present owners have demonstrated (through the submission of this planning application) that they wish to diversify the hotel business by introducing the heritage centre, whist retaining a scaled down version of the current hotel in the form of a six roomed inn. As far as I am aware, no marketing of the hotel has occurred over recent years nor has any financial material been submitted by the applicant to demonstrate that the hotel in its present form is uneconomic, unviable or not appealing to another owner. However, the fact remains that public amenity (the Inn) is being retained, and there is perhaps an argument

46 that its smaller size would perhaps be more sustainable and viable in this location than the larger hotel which it is replacing.

Road related issues

43 The proposed parking provision meets with the Council’s minimum standards and I have no concerns in terms of either vehicular or pedestrian safety. I therefore consider the proposal to be consistent with Policy 2 of the Highland Area Local Plan 2000, which requires all proposals to be compatible with the local road network.

Affordable Housing

44 As the proposal involves the creation of six mainstream dwellings, there is a requirement for affordable housing provision. As this rural site is unlikely to be suitable for onsite affordable housing, a commuted payment of £28,500 (£19,000 x 1.5units) will be sought from the applicant prior to the release of the planning consent. If the applicant wishes this payment to be delayed, a legal agreement must be concluded prior to the release of any consent.

Primary Education

45 The site lies within the primary school catchment area of the Royal School of Dunkeld (RSD). RSD is not presently operating at over its 80% capacity, therefore financial contributions are not being sought for new housing developments within the catchment of this school for main stream residential applications submitted to the Council post 5 May 2009. A financial contribution for primary education is therefore not required for this development.

Impact on the River Braan Special Area of Conservation (SAC)

46 Scottish Natural Heritage have confirmed that the proposal is unlikely to have an adverse impact on the River Braan SAC. Nevertheless, in the interests of proper site management, a Construction Method Statement will be requested from the applicant prior to any works commencing to ensure that the construction phase of the development does not impact on the integrity of the SAC.

Drainage and Water Supply

47 The site lies outwith a public sewered area and is presently served by a private water supply. It is proposed to upgrade the existing foul drainage system to accommodate the additional drainage needed for the conversions, heritage centre and the new build, as well as introducing new bore holes to provide an additional source of water to that of the current private supply. Within the representations, concern has been raised that the proposal will comprise the existing private water supply to existing households. Although this is an extremely sensitive issue for those involved, private water supplies in rural areas tend not to be material considerations in the determination of individual planning applications, and are normally a matter for the individual

47 stakeholders to resolve between themselves. Nevertheless, it is worth noting that granting of any planning consent will not supersede any legal burden / binding which is attached to the affected private water supply. This issue is therefore a private civil legal matter to be resolved between the interested parties.

48 It is noted that within the representation, criteria e) of Policy 2 of the Highland Area Local Plan 2000 is referred to, which seeks to ensure that developments do not occur in areas that have insufficient capacity to accommodate extra drainage and water requirements. This requirement relates to publicly sewered areas and is therefore not applied in areas where there is no private drainage or a public water supply.

Impact on Protected Species

49 As far as I am aware, there are no protected species affected by this proposal. However, as the stable blocks may be a suitable habitat for bats it is recommended that a bat survey is carried out by a suitability qualified consultant prior to any works on the stable yard buildings.

LEGAL AGREEMENTS

50 A legal agreement may be required for affordable housing contributions, should the applicant wish the payment to be delayed.

DIRECTION BY SCOTTISH MINISTERS

51 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 REASON FOR RECOMMENDATION

52 Despite the level of local opposition, this development is consistent with the aims of the Development Plan in terms of both diversification of rural business and safeguarding the amenity, character and density of existing settlements. It is regrettable that part of the existing hotel will inevitably be lost, however this development will help to secure the long term future of a smaller, and perhaps more viable rural inn, within Amulree.

RECOMMENDATION

A Approve application subject to the following conditions-

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

2 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.

48 3 All trees shall be retained unless otherwise agreed in writing by the Council as Planning Authority.

4 Prior to the occupation of the new dwelling house, the new vehicular access shall be formed in accordance with specification Type B, Fig 5.6 access detail to the satisfaction of the Planning Authority.

5 Prior to the occupation of any dwelling or the commencement of use of the heritage centre, turning facilities shall be provided within the site to enable all vehicles to enter and leave in a forward gear.

6 A minimum of ten car parking spaces shall be provided within the site to serve the heritage centre, and thereafter retained unless otherwise agreed in writing by the Council as Planning Authority.

7 Prior to any works to the stable blocks, a Bat Survey shall be carried out by a suitably qualified consultant. A copy of the report, including its recommendations, shall be submitted to the Council as Planning Authority.

8 The soundproofing of the non-residential premises and the control of all amplified sound shall be such that no amplified sound is audible in any noise sensitive property, to the satisfaction of the Council as Planning Authority.

9 The sound insulation properties or sound transmission characteristics of the structures and finishes of all non-residential properties shall be such that no impact or airborne noise from the normal operations within the premises is audible in any nearby noise sensitive property, to the satisfaction of the Council as Planning Authority.

10 All plant or equipment, including any ventilation system, associated with the 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 nearby noise sensitive premises, with all windows slightly open, when measured and / or calculated and plotted on a Noise rating curve chart, to the satisfaction of the Council as Planning Authority.

11 All plant or equipment associated with the operation of the air source heat pumps 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 noise sensitive premises with all windows slightly open, when measured and / or calculated and plotted on a Noise rating curve chart, to the satisfaction of the Council as Planning Authority.

12 Prior to the commencement of any works on site precise details of all the air sourced heat pumps shall be submitted for the approval in writing by the Council as Planning Authority.

13 The air source heat pumps must not be mounted to the structure of any building.

49 14 The delivery of goods to the non-residential premises shall take place between 0700 and 2100 Monday to Saturday only, and at no other times. The idling of delivery vehicles engines is strictly prohibited.

15 Effective ventilation systems commensurate with the nature and scale of the cooking to be undertaken in the non-residential premises shall be installed, operated and maintained, within the commercial areas such that cooking odours are not exhausted into or escape into any nearby dwelling(s), to the satisfaction of the Council as Planning Authority.

16 The installation of the biomass boiler shall not take place until such time as an Air Quality Assessment, providing information equivalent to that required by the Local Air Quality Management Technical Guidance (LAQM TG(09)), has been approved by the Council as Planning Authority.

17 Prior to the commencement of any works on site precise details of the phasing of the development shall be submitted for the approval of the Council as Planning Authority.

18 Prior to the commencement of any works on site precise siting details of all temporary site compounds / structures shall be submitted for the approval in writing by the Council as Planning Authority.

19 Prior to the commencement of any works on site, a Construction Method Statement (CMS) shall be submitted for the approval in writing by the Council as Planning Authority which identifies measures to prevent harmful materials potentially entering the River Braan, which could reduce water quality and have a detrimental impact upon the interests of a Special Area of Conservation. The CMS should include the following:

a) pollution prevention safeguards, including drainage arrangements and the possible use of siltation traps, settlement tanks and bunds; b) storage and disposal of materials, including the siting of stock piles, use of buffer strips and disposal methods; c) construction site facilities, including extent and location of construction site huts, vehicles, equipment, and materials compound; d) timing, duration and phasing of construction.

20 Prior to the commencement of use of the heritage centre, precise details of the nature and extent of any proposed retail use shall be submitted for the approval in writing by the Council as Planning Authority.

21 Prior to the commencement of any works on site precise details of all external finishes shall be submitted for the approval in writing by the Council as Planning Authority.

22 No signage is approved as part of this consent.

50 Reasons

1 In accordance with the terms of Section 58 of the Town and Country Planning (Scotland) Act 1997 as amended by Section 20 of the Planning etc (Scotland) Act 2006.

2 To ensure that the development is carried out in accordance with the plans approved.

3 In the interest of visual amenity.

4-6 In the interests of pedestrian and traffic safety and in the interests of free traffic flow.

7 In the interest of proper site management.

8-16 In the interest of residential amenity.

17-20 In the interest of proper site management.

21-22 In the interest of visual amenity.

B JUSTIFICATION

The proposal accords with the Development Plan and there are no material reasons which justify refusing the application.

C PROCEDURAL NOTES

No planning consent shall be issued until payment has been received for affordable housing contributions or a legal agreement has been concluded for the delayed payment of the contributions .

D INFORMATIVES

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

2 The applicant is advised that in terms of Section 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority consent to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Protection Agency.

3 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.

51 4 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.

5 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.

6 The applicant is advised that there may be bats or bat roosts on the site. If this is the case a licence may be required from the Scottish Government. The Wildlife and Countryside Act 1981 provides special protection for all species of bat. Bats are further protected under Regulation 39(1) of the Conservation (Natural Habitats ·& c.) Regulations 1994. This means it is illegal to deliberately kill bats or to deliberately damage or destroy bat roosts or disturb bats in their roosts.

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

Background Papers: Sixteen letters of representation Contact Officer: Andy Baxter Ext 75339 Date: 23 December 2010

Nick Brian Development Quality Manager

52 Perth & Kinross Council 10/01066/FLL Amulree Hotel, Amulree, Dunkeld Alts to hotel, subdivision to form 2 dwellings, alts & ext to stable yard to form 3 dwellings & heritage centre & erection of dwellinghouse

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