Gypsy traveller transit site at Sites 6-9 And 12 Islay Place

What was proposed

The application proposed ten hardstanding pitches, an amenity block and an electric vehicle charging point for a transit site.

“Erection of gypsy/traveller transit site, 10 hardstanding pitches, amenity block and EV charging point…”

“This proposal seeks to develop an existing undeveloped part of the Food and Drink Park to provide ten hardstanding pitches for temporary placement of overnight accommodation units for the gypsy/traveller community, in addition to the provision of a permanent amenity block to service those pitches. Each pitch would contain sufficient space for a caravan and one other vehicle. An accessible parking bay with EV charging point would be located adjacent to the amenity block.”

Officer report

The site and its history

The undeveloped site formed part of a core employment area and was affected by flood-risk, air-quality and river-catchment designations.

“The application site is within the north-east part of the Perth Food and Drink Park, which is an area allocated within the Perth and Kinross Local Development Plan 2019 (LDP2) for Core Employment Use (Opportunity Site: E3) in Perth Settlement. It is also within the Perth Air Quality Management Area, sees a Low Probability of River Flood Risk, a Medium Probability of Future River Flood Risk, is within the River Tay SAC Catchment, and the Transport Full Contributions Zone.”

Officer report

Why officers advised refusal

Officers considered the proposal contrary to the Development Plan because of flood risk, potential danger to occupants and conflict with employment-land policy.

“Whilst NPF4 Policy 22 is the primary flood risk policy, LDP2 Policy 52: New Development and Flooding includes a general presumption against proposals for built development in areas at medium to high risk of flooding from any source.”

“The proposal is also considered contrary to LDP2 Policy 7A: Employment and Mixed Use Areas due to its siting within a Core Employment Allocation E3, and by virtue of this conflict with the Plans Spatial Strategy, is also contrary to NPF4 Policy 16(d): Quality Homes. NPF4 Policy 16(d) relating to development of Gypsy/Traveller sites of this nature, but where there is no inconsistency with the overall spatial strategy or other relevant polices.”

Officer report

What consultees said

SEPA and the Council’s flooding team objected because the site could flood and its safety could not be confirmed, while other consultees raised no objection subject to conditions.

“SEPA has a shared duty with Scottish Ministers and other responsible authorities under the Flood Risk Management (Scotland) Act 2009 to reduce overall flood risk and promote sustainable flood risk management. The cornerstone of sustainable flood risk management is the avoidance of new development resulting in increased flood risk as a first principle, and this is set out in National Planning Framework 4 (Policy 22).”

“Structures and Flooding - Objection in Principle. The site is at flood risk, and none of the requirements within NPF4 Policy 22 are satisfied by the proposal. Given the proposed use, there is an inherent risk to life. Particularly if people were sleeping within accommodation if the flood embankment overtopped (i.e. rapid inundation from height) or failure, is involved.”

Officer report

Who spoke

A local member, the applicant’s representative and the architect addressed the committee and answered members’ questions.

The committee’s decision

The committee was minded to approve the application, subject to Scottish Ministers’ consideration and suitable terms, conditions and informatives.

“Resolved: Minded to Approve, subject to consideration by Scottish Ministers, following the submission of suitable terms, conditions and informatives to be drawn up by the planning officer.”

“Justification Although the application is contrary to Policy 22 of National Planning Framework 4 and Policy 52 of the Local Development Plan 2 there are material considerations which justify the planned departures, including: • the long-running failure of the Planning Authority to identify any other suitable gypsy/traveller transit site within or around Perth City and there being no prospect of any other site being found; • the public sector duties of the Planning Authority…”

Minutes