FOI reference: FOI/18/00194
Date received: 19 January 2018
Date responded: 2 February 2018
You asked for the PAD assessment that led to the Oudenarde call-in direction (ref CIN-PAK-001).
I enclose a copy of all of the information below.
The Erection of 159 dwelling houses with associated roads, drainage and landscaping on land to the North Of A912 At Oudenarde Bridge Of Earn (Phase 2).
- Perth and Kinross Council (PKC) planning committee is due to consider the above application for approval of Matters Specified in Conditions on Wednesday 17th January, and propose to remove a condition which Transport Scotland considers essential to road safety by ensuring mitigation of impacts on trunk road infrastructure.
- Transport Scotland (TS) had recommended conditions be attached to planning permission in principle (PPP) requiring mitigation works to the trunk road in the interests of maintaining road safety. The PPP was for the formation of residential, commercial and industrial development including up to 1200 residential (02/01482/OUT).
- When PKC finalised the PPP decision notice and related s.75 in Sep 2016, conditions which had been recommended by TS were not attached. We understand that the omission was due to procedural errors by the Council.
- TS was unaware of the omission until they were consulted on the above AMSC application in Jan 2017. (AMSCs relate to conditions attached to planning permission in principle requiring the further approval of the planning authority for any detailed aspect of the development.)
- In Oct 2017 PAD facilitated discussions between TS and PKC at which TS brought the omission to the planning authority's attention having previously raised the matter in January. PKC subsequently attached TS required mitigation condition to the current AMSC order to rectify this situation which was approved at committee on 18 Oct.
- Following this the developer and Council sought legal opinion that TS condition was not valid and should be removed. This is based the legality of appending a condition that does not relate to a matter specified in the AMSC condition in the PPP.
- The applicant is aware of these mitigation obligations and has a Minute of Agreement with Transport Scotland for these works. A Minute of Agreement does not, however, have the same means of obliging the other party to implement works as is afforded by a planning condition or s75 Agreement.
- As such the AMSC is due to go to committee Wednesday 17 January at 10am to remove TS condition. PKC have offered no other solution in order resolve the developer's contribution and delivery of required mitigation works on trunk road network for this strategic site.
- Unlike for a planning application, because this is an AMSC approval, the planning authority is not required to notify Ministers if they intend to grant consent in the face of an objection from TS.
- Based on TS concerns, it is recommended that Ministers call-in this application. This will allow Ministers time to consider the issues further in discussion with main parties to see if a resolution can be reached. Attached is the proposed call-in letter and direction.
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Please quote the FOI reference
Central Enquiry Unit
Phone: 0300 244 4000
The Scottish Government
St Andrew's House