We are aware that there is an ongoing level of interest and speculation about progress on a development at Taymouth Castle Estate. Given that some of this discussion includes references to the role we play in the planning process we thought it would be helpful to set this out.
The Council is the planning authority for Perth and Kinross. This means that we manage the determination process for planning applications within our area in line with both national planning policy and local policy and guidance agreed by the Council. As part of that process there is the opportunity for members of the public to make representations on planning applications and these will be taken into account in reaching a decision. Where developers wish to make changes to previously approved applications these changes must also be agreed with us. These will likewise be determined in line with the relevant policy and guidance.
For clarity, we would also want to stress that the Council as Planning Authority has no legal powers to immediately put a stop on assessment of any and all future planning applications at any site. The Planning Authority has a statutory duty under national legislation (the Town and Country Planning (Scotland) Act) to consider and assess valid planning applications when they are submitted.
We are also responsible for planning enforcement, which means investigating and taking appropriate and proportionate action on any unauthorised development or breaches of planning conditions. Suspected unauthorised development or condition breaches can be reported to us using our online form. We publish copies of formal enforcement notices along with details of planning applications and decisions on our online planning portal. In addition, we have a duty to keep asserted rights of way routes open and free from obstruction and ensure that developers are aware of Scotland's responsible access legislation. Where there are requests by landowners or developers for a right of way to be diverted, they must seek permission to do so. Again, the public will be given the opportunity to comment.
All planning applications relating to the Taymouth Castle Estate, including the applications for residential properties previously approved in 2003 and 2011, together with more recent amendments, can be found on our online planning portal. The permissions from 2003 and 2011 are currently being implemented by the current developer, and were both subject to statutory advertisement and consultation applicable when submitted. The documentation includes a masterplan for the wider estate although changes to this and a reduction in the extent of housing on the site is now the current developer's intention. The developer is also in the process of progressing applications to revise the layout and design of some of the housing across the estate with permission recently granted for revisions within Zone 1 of the estate. Further zones are due to follow in the near future, which will be considered on their own merits when received, and these future applications will also be open to public comment once submitted.
Additionally, an updated detailed Woodland Replenishment and Landscape Management Plan (WLMP) has recently been approved as part of permissions granted within Zone 1 as outlined above, in agreement with the Council as Planning Authority and Historic Environment Scotland. This is available to view on the planning portal under the following reference numbers: 22/01484/FLL, 22/01485/FLL, 22/01486/FLL and 22/01487/FLL when approved. Under these specific applications there are also a series of updated documents for the wider estate, including an updated master plan, updated phasing plan, Strategic Planning Framework and Schedule of Conservation Works for the listed buildings and structures across the estate. These were requested to give the Council as Planning Authority security on the developer's future intentions for the estate and provide a more up to date picture of the intentions for the estate and timescale for the development. These documents are being updated as development progresses across the estate with the most recent updates submitted as part of applications for Zone 2 on the estate under application references: 24/00654/FLL, 24/00655/FLL and 24/00656/FLL and which are currently under consideration at this time.
There are currently approved temporary diversions in place on the core path network while construction work is ongoing. These alternative safe temporary routes have been provided within the estate by the developer and are in line with provisions in the planning permission to ensure public safety during construction. These temporary diversions are available to view on the planning portal at the links provided above. There are no permissions in place for any permanent diversions of core paths at this time and the developer is fully aware of the Land Reform (Scotland) Act and the right of responsible access to most land in Scotland. They are also fully aware of the legislative process associated with any wish to make permanent changes to the core path network under Section 208 of the Town and Country Planning Act.
Ecological management and protection is fully considered as part of the planning process and the developer has an ecologist working as part of the development to advise and liaise with the Council on ecological mitigation and enhancement throughout. An approved Biodiversity Strategy for the estate is also available to view on our planning portal under application references 22/01484/FLL, 22/01485/FLL, 22/01486/FLL and 22/01487/FLL.
Environmental Impact Assessment
The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 provides that a new Environmental Impact Assessment may not be required if the original EIA assessed all likely significant effects of the development. However, if there are material changes to the development or if new environmental concerns arise, a new EIA or an update to the original one may be necessary.
This applies to cases where there is already a valid and extant planning permission that was originally subject to an EIA, and the developer submits a subsequent application(s) for changes to the development.
If there are new or different significant environmental impacts associated with the changes in the development, then an updated or new EIA may be required.
The earlier development approved on this site was subject to an EIA, both in 2003 (03/02250/PPLB) and a subsequent addendum on 2011 (11/00533/FLM). It is appreciated that there have been a number of years between the production of the original EIA and the developments which are now taking place. Nevertheless, the Planning Authority is of the view that the original EIA and associated addendum adequately assessed all significant environmental effects of the development.
The subsequent applications are not considered to introduce new significant environmental impacts, with the appreciation that some of the detail has changed. Most recent planning applications relate to a revision in the layout and reduction in numbers of estate properties across the estate and a series of associated applications for ancillary buildings which relate to the day-to-day operations on the estate. Furthermore, the baseline conditions on site are not considered to have changed to any material degree since these EIA documents were prepared as the site has lain dormant for a number of years until the current developer purchased it.
The development which is now taking place is to some degree a 'minor' variation and replacement of the development approved under previous permissions rather than substantial new additional development. On that basis there are not considered to be substantial cumulative impacts, beyond the issues covered by the earlier EIA process.
Perth and Kinross Council appreciates there are impacts associated with this development and therefore associated supporting documents are routinely requested as part of each planning application on the estate to ensure these matters can be appropriately assessed.
Perth and Kinross Council is also of the view that there are no potential new significant environmental impacts as a result of the changes which are occurring on the site that weren't originally covered by the EIAs undertaken in 2003 and 2011. Each application on the estate is being assessed on the basis of the findings outlined within the approved EIA documents. On that basis no further EIA is considered to be necessary.
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