Democracy Spraffa

22-02376-PP SR1Crarae FINAL

Argyll and Bute Council · 21 June 2023
Back to Planning, Protective Services and Licensing Committee — 21 June 2023 and its agenda

Text extracted from the council's PDF. Layout and reading order may differ from the original.

Original council PDF · Download plain text

Page 1

Argyll and Bute Council
Development and Economic Growth   
Delegated or Committee Planning Application Report and Report of Handling as
required by Schedule 2 of the Town and Country Planning (Development Management
Procedure) (Scotland) Regulations 2013 relative to applications for Planning
Permission or Planning Permission in Principle
_________________________________________________________________________ 
Reference No:  22/02376//PP    
Planning Hierarchy: National 
Applicant:   Scottish Hydro Electric Transmission Plc  
Proposal:   To construct and operate a 275 kilovolt (kV) Electricity Substation and  
associated infrastructure. The works will comprise cut and fill to tie the  
platform into the existing ground level landscaping, Sustainable 
Drainage Systems (SuDS) basins, new permanent access and 
upgrades to existing tracks 
Site Address:    Land Approx 1.6km North West of Minard and Upslope of the existing  
Crarae Substation, Minard 
________________________________________________________________________
SUPPLEMENTARY REPORT NO. 1
1.0 INTRODUCTION 
The purpose of this report is to:
a) Update Members that the holding Objection by SEPA in respect of the proposals has now
been withdrawn subject to the imposition of the following condition which would replace
conditions 7 set out in the main report.
New Condition 7
No development shall commence until a detailed peat management and reinstatement plan
has been submitted to and approved by the Planning Authority in consultation with SEPA. 
This shall be submitted to the planning authority and SEPA no later than two months prior to
the intended commencement of development date and include details of :               
 The written consent of  all  landowners whose land is to be utilised 
 Methodology and volume of extraction, 
 Phasing/timing of any works impacting peat
 Quality/classification of Peat to be extracted
 Details of any onsite peat re-instatement and /or enhancement 
 Details of storage and transportation
 Details of the location, area and condition of onsite or offsite peatland to be  improved

Page 2

 Details of peat enhancement measures on this land 
 Details of peatland restoration outcomes to be achieved
 Details of ongoing management arrangements of the restored peatland
The restored peatland shall thereafter be maintained in accordance with the terms of the
approved peatland management plan, and retained in perpetuity unless with the written
agreement of the Planning Authority in consultation with SEPA. The restored area shall not
be subject to any works or operations in the future to undermine the objectives of the
restoration objectives contained in the approved Peat Management Plan.
The peat improvement works shall also be undertaken in accordance with the objectives of
the necessary habitat and management plan set out at condition 08 below.
Reason: In order to minimise disturbance of peat and ensure the appropriate reinstatement,
reuse and management of peat in accordance with NPF 4 Policy 5 (c) objectives.
The Concerns previously raised by SEPA have now been addressed through the submission
of further information by the applicants and additional requirements added to the proposed
condition. 
b)  Advise Members that the Examination by Scottish Government Reporters into the Argyll
and Bute Proposed Local Development Plan 2 has now concluded and the Examination
Report has been published. The Examination Report is a material consideration of significant
weight. Consequently, the Proposed Local Development Plan 2 as recommended to be
modified by the Examination Report and the published Non Notifiable Modifications is a
material consideration in the determination of all planning and related applications.
2.0 RELEVANT PLDP2 POLICIES
Policy 02 – Outwith Settlement Areas
Policy 04 – Sustainable Development 
Policy 06 – Green Infrastructure 
Policy 08 – Sustainable Siting 
Policy 09 – Sustainable Design 
Policy 10 – Design – All Development 
Policy 30 - The Sustainable Growth of Renewables
Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes
Policy 36 – New Private Accesses 
Policy 61 – Sustainable Drainage Systems (SUDS) 
Policy 73 – Development Impact on Habitats, Species and Biodiversity.  Development
Impact on Sites of International and National Importance.
Policy 77 – Forestry, Woodland and Trees 
Policy 79 – Protection of Soil and Peat Resources 
3.0 IMPLICATIONS OF PLDP 2 AS RECOMMENDED TO BE MODIFIED BY THE
EXAMINATION REPORT

Page 3

The assessment of the proposal against PLDP2 as recommended to be modified by the
Examination Report is as follows:
The assessment of the proposal against PLDP2 as recommended to be modified by the
Examination Report is as follows: 
Policy 02 - Development Outside Settlement Areas: will only be acceptable where it can be
demonstrated that it falls within with indicated criteria. In this instance Parts A and B of the
policy are applicable. The proposal accords with Parts A and B as renewable infrastructure.
There is a presumption in favour of sustainable development where this is of an appropriate
scale, design, siting and use for its proposed location. No substantive change to previous
assessment. 
Policy 04 – Sustainable Development: Promotes the principles of sustainable development
and remain generally aligned with the requirements of ABC LDP STRAT 1 and NPF 4 Policies
1 and 2 which have already been applied to the assessment of this matter. No substantive
change to previous assessment. 
Policy 05 – Design and Placemaking: Sets out principles for achieving good quality places and
is generally aligned with the requirements of ABC LDP 2015 Policy LDP 9 and SG LDP
Sustainable Design, and NPF4 Policy 14 which have already been applied to the assessment
of this matter. No substantive change to previous assessment. 
Policy 06 – Green infrastructure: Sets out a requirement for the developer to demonstrate how
green infrastructure has been integrated into the design of the proposal from the outset. This
policy overlaps with provisions elsewhere to consider enhancements to biodiversity and
sustainable urban drainage which have already been applied to the assessment of this matter.
No substantive change to previous assessment. 
Policy 08 – Sustainable Siting: Sets out the principles for successfully integrating new
development into its landscape/townscape setting and is aligned with the provisions of NPF4
and ABC 2015 Policy LDP 9 and SG LDP Sustainable Design which have already been
applied to the assessment of this matter. No substantive change to previous assessment. 
Policy 09 – Sustainable Design: Sets out that development proposals should demonstrate
consideration of and where possible utilisation of renewable sources of energy; and
sustainable design and construction methods. No substantive change to previous
assessment. 
Policy 10 – Design – All Development: Sets out requirements for the design of new
development and is generally aligned with the provisions of NPF4 and ABC 2015 Policy LDP
9 and SG LDP Sustainable Design which have already been applied to the assessment of this
matter. No substantive change to previous assessment.  
Policy 30 - The Sustainable Growth of Renewables: Policy 30  supports renewable energy
developments where these are consistent with the principles of sustainable development and
it can be adequately demonstrated that there would be no unacceptable environmental effects,
whether individual or cumulative, on local communities, natural and historic environments,
landscape character and visual amenity, and that the proposals would be compatible with
adjacent land uses.  This should be read in the context of the development plan as a whole
including the objectives and principles of NPF4 and its topic specific policies including Policy
11.  The current proposals are an essential part of the provision of a robust renewable energy
transmission network vital to address climate change and are therefore considered to accord

Page 4

with the objectives of policy 30.  A detailed assessment of such matters is contained within
the main report of handling. No substantive change to previous assessment. 
Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes: Sets out
that the acceptance of development utilising existing public roads is subject to road safety and
street design issues being addressed to the satisfaction of the Roads Authority and Planning
Authority.  A detailed assessment is set out in the main report of handling of this aspect in
relation to ABC LDP 2015 Policy LDP 11 and SG LDP TRAN 4 and SG LDP TRAN 5.  No
substantive change to previous assessment.  
Policy 36 – New Private Access: Sets out the circumstances where a new private access may
be considered to be acceptable. No substantive change to previous assessment. 
Policy 61 – Sustainable Urban Drainage Systems: Sets out a requirement that proposal for
SuDS are required in relation to all development prior to determination. The proposal has been
amended to include detail that SuDS are to be designed and installed in accordance to BRE
Digest 365 Soakaway Design and BSEN - 752-4. No substantive change to previous
assessment. 
Policy 73 – Development Impact on Habitats, Species and Biodiversity.  Development Impact
on Sites of International and National Importance. The provisions of Policy 73 are generally
aligned with the requirements of NPF4 Policy 3, and ABC LDP 2015 Policy LDP 3 and Sg LDP
ENV 1 which have already been applied to the assessment of this matter. No substantive
change to previous assessment. 
Policy 77 – Forestry, Woodland and Trees: Sets out criteria for the assessment of
development impact on woodland and trees. The provisions of Policy 77 are aligned with the
requirements of NPF4 Policy 6; ABC LDP 2015 Policy LDP 3, and SG LDP ENV 6 which have
already been applied to the assessment of this matter. No substantive change to previous
assessment. 
Policy 79 – Protection of Soil and Peat Resources: Sets out that the Council will only support
development where appropriate measures are taken to maintain soil resources and functions
through measures that are proportionate to the development. Policy 79 is aligned with the
provisions of NPF4 Policy 5 which have already been applied to the assessment of this matter.
No substantive change to previous assessment.
4.0 CONCLUSION
Proposed Local Development Plan 2 as recommended to be modified by the Examination
Report is now a significant material consideration. However, in this case there is no significant
material change of policy between the Adopted Plan and Proposed Local Development Plan
2 as recommended to be modified by the Examination Report that would require further
assessment or lead to a change in the recommendation.
5.0 RECOMMENDATION
It is recommended that planning permission be approved subject to the revised conditions
listed in Appendix 1 of supplementary report no.1.
Author of Report: David Moore   Date: 19.06.23
Reviewing Officer:  Sandra Davies  Date: 20.06.23
Fergus Murray 
Head of Development and Economic Growth

Page 5

Appendix 1 
1. The development shall be implemented in accordance with the details specified on the
application form dated 23.11.22; the Environmental Appraisal (November 2022), supporting
information and, the approved drawings listed in the table below unless the prior written
approval of the planning authority is obtained for an amendment to the approved details
under Section 64 of the Town and Country Planning (Scotland) Act 1997.  
Plan Title. Plan Ref. No. Version Date Received
Site Location Plan A01 A01 23.12.22
Figure 1.1 Red
Line Boundary
1:20000
A01 A01 23.12.22
Site Layout Plan 4534c-DR-P-0017 Rev.5 26.05.23
Substation
Compound Layout
and Electrical
Section Locations
4534c-DR-P-0004 Rev.3 23.12.22
Proposed Site
Access Profiles
4534c-DR-P-0021   06.12.22
Proposed Site
Profiles
4534c-DR-P-0018 Rev.1 06.12.22
Site Access Details 4534c-DR-P-0008 Rev.1 24.11.22
Typical Access
Track Sections –
Sheet 1
4534c-DR-P-0007 Rev.2 24.11.22
Typical Access
Track Sections –
Sheet 2
4534c-DR-P-0012 Rev.2 24.11.22
Typical Deer Fence
and Gate
4534c-DR-P-0016   24.11.22
2.5m High Security
Palisade Fencing
Details
CE/34/2015 Rev.E  
Electrical Layout
Elevations 01
4534c-DR-P-0011 Rev.1 24.11.22
Generator
Building Elevations
4534c-DR-P-0009 Rev.2 24.11.22
Substation
Building Elevations
4534c-DR-P-0006 Rev.2 24
Substation
Building Layout
4534c-DR-P-0005 Rev.1 24.11.22
Transformer
Building Elevations
4534c-DR-P-0019 Rev.1 24.11.22

Page 6

Transformer
Building Layout
4534c-DR-P-0020 Rev.1 24.11.22
Septic Tank and
Private Water
Supply Location
A01( Dated 16.12.22) A0! 23.12.22  
Reason: For the purpose of clarity, to ensure that the development is implemented in
accordance with the approved details.    
2. No construction works shall be commenced until a Finalised Construction Environmental
Management Document [CEMD] has been submitted to and approved in writing by the
Planning Authority, in consultation with SEPA and other consultees, as appropriate. The
development shall then proceed in accordance with the approved CEMD unless otherwise
agreed in writing by the Planning Authority. The CEMD shall include:
a. An updated Schedule of Mitigation (SM) highlighting mitigation set out within each
chapter of the Environmental Appraisal (EA), and the conditions of this consent;
b. Processes to control/ action changes from the agreed SM;
c. Construction Environmental Management Plans (CEMPs) for the construction phase
covering:
i. Habitat and species protection, including ECoW Details, surveys and species
protection plans;
ii. Landscape and Mitigation Restoration Plan including compensatory planting (refer
to Condition 9);
iii. Pollution prevention and control;
iv. Dust management, including construction activity and vehicle movements;
v. Construction noise and vibration
vi. Temporary site lighting;
vii. Watercourse crossings;
viii. Site waste management
ix. Surface and ground water management, including: drainage and sediment
management measures from all construction areas including access tracks,
mechanisms to ensure that construction will not take place during periods of high
flow or high rainfall; and a programme of water quality monitoring;
x. Mapping of borrow pits and associated habitats identified for restoration;
xi. Invasive Non-Native Species Management Plan
xii. Emergency Response Plans;
xiii. Timetable for post construction restoration/ reinstatement of the temporary
working areas and construction compound; and 
xiv. Other relevant environmental management as may be relevant to the development
d. A statement of responsibility to ‘stop the job/ activity’ if a breach or potential
breach of mitigation or legislation occurs; and
e. Methods of monitoring, auditing, reporting and the communication of
environmental management on site and with client, Planning Authority, and other
relevant parties.

Page 7

Reason: To ensure protection of surrounding environmental interests and general amenity. 
3. No development shall commence until a Construction Traffic Management Plan (CTMP) and
Phased Delivery Plan have been prepared and approved in writing by the Planning Authority
and Transport Scotland as the trunk roads Authority. The Plan shall include details of:
a. Approved access routes, 
b. Agreed operational practises (including avoidance of convoy movements, specifying
conduct in use of passing places, identification of turning areas, information of
wheel cleansing facilities, signage to be installed on the A83 warning of construction
traffic, signage or temporary traffic control measures to include for larger or
abnormal loads, reporting of verge damage); 
c. The provision of an appropriate Code of Practice to drivers of construction and
delivery vehicles. 
d. Abnormal load route surveys and finalised plan (including any accommodation
measures required including the removal of street furniture, junction widening,
traffic management).  
The development shall be implemented in accordance with the duly approved Traffic
Management Plan  
Reason: To minimise the interference with the safety and free flow of traffic on the trunk
road and to ensure that the transportation of abnormal loads will not have any detrimental
effect on the trunk road network.  
4. No development or ground breaking works shall commence until a programme of
archaeological works in accordance with a written scheme of investigation, has been
submitted to and approved in writing by the Planning Authority in consultation with the
West of Scotland Archaeology Service. The scheme shall be prepared by a suitably qualified
person and shall provide for the recording, recovery and reporting of items of interest or
finds within the application site. Thereafter the development shall be implemented in
accordance with the duly approved details with the suitably qualified person being afforded
access at all reasonable times during ground disturbance works. 
Reason: In order to protect archaeological resources  
5. No development shall commence, until a strategy for housing incoming construction
workers shall be submitted to and approved in writing by the Planning Authority. Thereafter
the development shall be carried out in accordance with the approved details.

Page 8

Reason: In order to ensure that any potential adverse impacts on the functioning of the local
housing market and tourist accommodation to the detriment of the interests of the local
community are identified and mitigated in accordance with the requirements of NPF4, and in
particular Policy 11C and Policy 25 Objectives. 
6. No development shall commence until an appraisal of the wholesomeness and sufficiency of
the intended private water supply and the system required to serve the development has
been submitted to and approved by the Planning Authority. 
The appraisal shall be carried out by a qualified hydrologist/ hydrogeologist or other suitably
competent person and shall include a risk assessment having regard to the requirements of
Schedule 4 of the Private Water Supplies (Scotland) Regulations 2006 or Part 3 of the Water
Intended for Human Consumption (Private Supplies) (Scotland) Regulations 2017 (as
appropriate) which shall inform the design of the system by which a wholesome and
sufficient water supply shall be provided and maintained. The appraisal shall also
demonstrate that the wholesomeness and sufficiency of any other supply in the vicinity of
the development, or any other person utilising the same source or supply, shall not be
compromised by the proposed development. 
The development shall not be brought into use or occupied until the required water supply
system has been installed in accordance with the agreed specification and is operational. 
Reason: In the interests of public health and in order to ensure that an adequate private
water supply in terms of both wholesomeness and sufficiency can be provided to meet the
requirements of the proposed development and without compromising the interests of other
users of the same or nearby private water supplies. 
7. No development shall commence until a detailed peat management and reinstatement plan
has been submitted to and approved by the Planning Authority in consultation with SEPA. 
This shall be submitted to the planning authority and SEPA no later than two months prior
to the intended commencement of development date and include details of :               
 The written consent of all landowners whose land is to be utilised 
 Methodology and volume of extraction, 
 Phasing/timing of any works impacting peat
 Quality/classification of Peat to be extracted
 Details of any onsite peat re-instatement and /or enhancement 
 Details of storage and transportation

Page 9

 Details of the location, area and condition of onsite or offsite peatland to be 
improved 
 Details of peat enhancement measures on this land 
 Details of peatland restoration outcomes to be achieved
 Details of ongoing management arrangements of the restored peatland 
The restored peatland shall thereafter be maintained in accordance with the terms of the
approved peatland management plan, and retained in perpetuity unless with the written
agreement of the Planning Authority in consultation with SEPA. 
The restored area shall not be subject to any works or operations in the future to undermine
the objectives of the restoration objectives contained in the approved Peat Management
Plan. 
The peat improvement works shall also be undertaken in accordance with the objectives of
the necessary habitat and management plan set out at condition 08 below. 
Reason: In order to minimise disturbance of peat and ensure the appropriate reinstatement,
reuse and management of peat in accordance with NPF 4 Policy 5 (c) objectives. 
8. No works to excavate any peat on the site shall be undertaken until a Habitat Management
and Enhancement Plan has been submitted to and approved by the Planning Authority in
consultation with its biodiversity advisor. 
Reason: To ensure that works result in habitat enhancement works being undertaken in
accordance with NPF 4 and LDP Objectives. 
9 No development shall commence until a detailed Compensatory Planting Plan (CPP) and
Long Term Forestry Management Plan (LTFMP) are submitted to and approved in writing by
the Planning Authority, in consultation with Scottish Forestry. The approved CPP and LTFMP
shall be implemented in full and in accordance with the approved timing, unless otherwise
agreed in writing by the Planning Authority. 
Reason: To enable appropriate woodland removal to proceed, without incurring a net loss in
woodland related public benefit, in accordance with the Scottish Government's policy on the
Control of Woodland Removal.

Page 10

10. No development shall commence until a revised Landscape Planting Plan and Maintenance
Plan in accordance with BS EN ISO 11091:1999 has been submitted to and approved in
writing by the Planning Authority. The revised plans must include:
a. A plan showing numbers and locations of each tree and shrub species;
b. Planting schedule to show for each species, the total number, type and size at
planting;
c. Specification for planting to include ground preparation, planting operations and
protection from herbivores;
d. Compensatory planting scheme for tree loss
e. Schedule of implementation and phasing;  
The approved Landscape Planting Plan and Maintenance Plan shall thereafter be
implemented in full in accordance with the implementation schedule and maintained in
accordance with the approved details. Any plant losses within the first five years will be
replaced at the next planting season.  
Reason: To ensure the development conserves and enhances the landscape character and
biodiversity interests of the area. 
11. Any watercourse crossings, hereby permitted, shall be designed to at least the capacity of
the existing channel and to the 1 in 200 year plus climate change flow and an allowance for
freeboard, unless otherwise agreed in writing by the Planning Authority.   
Reason: To ensure that new watercourse crossings do not affect the existing flows in the
interests of flood risk. 
12. No external lighting shall be installed on the site other than with the prior written approval
of the planning authority. In that event the location, type and luminance of the lighting units
to be installed shall be specified, and any duly approved lighting shall be installed in a
manner which minimises illumination and glare outwith the boundary of the application
site. The completed site shall not be illuminated other than in the event of staff being
present on site. 
Reason: In order to avoid unnecessary visual intrusion in the interests of the visual amenity
of an area otherwise unaffected by the presence of light sources. 
13 No development/works shall take place outside the following hours;
0800 – 1800 hours Monday to Friday,

Page 11

0800 – 1300 hours Saturday 
Not at all on Sunday, Bank or Scottish Public Holidays. 
Reason: To minimise the impact of noise, generated by construction activities, on occupiers
of residential properties.
14. No development shall commence until a noise management strategy and plan has been
submitted to the Planning Authority for its approval in consultation with its Environmental
Protection advisors. This shall set out the hours of associated with proposed vehicular
movements which could potentially disturb residential occupiers. Such details as may be
approved shall thereafter be adhered to unless with the written authority of Environmental
Health Officers. 
Reason: To safeguard residential amenity