Extract from List of Policies
Perth & Kinross Council Local Development Plan
Adopted 3 February 2014
Policy EP7: Drainage within the Loch Leven Catchment Area
Note: Development within the catchment must comply with the general drainage policies as well as policies relating to the catchment area. To ensure there are no adverse impacts, either individually or in combination, on water quality in Loch Leven SPA.
Policy EP7A:
Total phosphorus from built development must not exceed the current level permitted by the discharge consents for Kinross and Milnathort waste water treatment works together with the current contribution from built development within the rural area of the catchment. Where improvements reduce the phosphorus total from the built development, there will be a presumption in favour of retaining such gains to the benefit of the ecological recovery of Loch Leven.
All applicants will be required to submit details of the proposed method of drainage with their application for planning consent and adopt the principles of best available technology, not entailing excessive costs, to the satisfaction of the Planning Authority in conjunction with SEPA.
Policy EP7B:
Developments within the Loch Leven catchment area will be required to connect to a publicly maintained drainage system incorporating phosphorus reduction measures. Exceptions will only be permitted where one of the following criteria can be met:
(a) where drainage can be diverted outwith the catchment; or 56 Local Development Plan
(b) where the developer is able to implement acceptable mitigation measures consistent with the Council’s published Supplementary Guidance.
Applications for planning consent not connecting to the Kinross or Milnathort waste water treatment works will be required to provide an assessment of phosphorus input for the development. Evidence of phosphorus impact of the development will be required from a suitably qualified person. In cases of great complexity or uncertainty the Precautionary Principle will be adopted.
Policy EP7C:
For proposed developments which are likely to breach policies EP7A and EP7B, unless mitigation measures can be implemented that are capable of removing 125% of the phosphorus likely to be generated by the development from the catchment; and the proposed development is otherwise acceptable in terms of Council policy, then they will be refused. The requirements of this policy may be secured by means of legal agreements and planning conditions to deliver planning obligations concluded between the applicant and the Council, prior to the issue of planning permission. The delivery of agreed phosphorus mitigation will be required before the occupation of any new dwelling.
Mitigation measures should not include measures which are already committed in a spending programme and likely to be implemented by a statutory body within three years of the determination of the application.
Note: Supplementary Guidance details the procedures to be adopted for drainage from development in the Loch Leven area (produced by SEPA/SNH & the Council).