25/01007/Ecu36

Perth and Kinross Council · 11 February 2026
Back to Planning and Placemaking Committee — 11 February 2026 and its agenda

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Perth and Kinross Council
Planning and Placemaking Committee - 11 February 2026
Report of Handling by Development Management and Building Standards Service
Manager
(Report No. 26/38)
Proposal: Erection of 13 turbine windfarm and associated works - ECU00004782
Location: Land 6000 metres south of Longfauld, Blackford, Auchterarder, PH4 1QU
Ref. No: 25/01007/ECU36
Ward No: P7- Strathallan
Summary
Perth and Kinross Council has been consulted by the Scottish Government’s Energy
Consents Unit (ECU) on the proposed Windburn Wind Farm.
The findings of this report recommends that the Council do not object to the proposal.
Background and Description of Proposal
1 The purpose of the report is to make members aware of the relevant planning
considerations relating to the proposed development. Following consideration
of these matters the Council must advise the Scottish Government whether it
objects to the application or not.
2 The site covers an area of 1474 hectares and is located in the Ochil Hills on a
side adjacent to the operational Burnfoot Hill and Rhodders wind farm cluster.
The site straddles the boundary of Perth and Kinross Council and
Clackmannanshire Council. Access to the site is proposed to be taken from the
A9, traveling south west along the C468/Sheriffmuir road, and then turning off, at
Carim Lodge, onto a purpose built site access track.
3 The proposed development comprises:
 13 wind turbines with blade tip heights of 149.9m with a combined rated
output in the region of approximately 65MW.
 Turbine foundations and crane pads
 Approximately 3.76km of upgraded road (Sheriffmuir Road widened from
approximately 3.5m to 6m);

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 approximately 14.54km of new access tracks with a typical running width of
6m, (wider at bends and junctions) and associated drainage;
 1.68km of the new track is anticipated to be floating track where consistent
(30m distance or more) peat depths of over 0.5m or greater are identified
along with shallow topography
 Approximately 15.74km of underground cabling along access tracks to
connect the turbine locations, and the onsite electrical substation
 One onsite substation which would accommodate 33kV Switchgear to collect
electricity from different parts of the site. The substation compound would
have an area of 100m x 75m and would include a control and metering
building (approximately 16m x 30m and 8m high), as well as up to 35MW of
battery storage (battery units measuring approximately 12m (l) x 5m (w) x 4m
(h) with ancillary equipment such as inverters).
 Up to two borrow pits (covering approximately 0.89ha or 8,900m2)
 Three temporary construction compounds (covering approximately 1.78ha or
10,780m2)
4 The site access from the A9, the substation compound, a temporary construction
compound, five of the turbines and one borrow pit will be located within PKC. The
remainder will be in Clackmannanshire.
5 The proposed development has been designed with an operational life of up to
40 years, at the end of which it would be decommissioned, or an application may
be submitted to repower the site.
Site History
6 23/00009/CONSUL - (ECU ref: ECU00004782) on 28 February 2023, The
Scottish Ministers, following consultation with PKC and other relevant bodies,
adopted a scoping opinion setting out the scope of the matters to be considered
within the EIA Report to be submitted alongside the application for a proposed
Windburn Wind Farm development.
Environmental Impact Assessment
7 The proposal is an EIA development and an EIA Report has been submitted. An
assessment of the report’s findings and significant environmental effects is
provided in the appraisal section below.
Pre-Application Consultation
8 The proposed development is classed as a National Development within NPF4,
as provided for in Section 3A of the Town and Country Planning (Scotland) Act
1997 (as amended). However, unlike other National Development proposals,
applications made under Section 36 of The Electricity Act 1989 are not subject to
mandatory pre-application consultation engagement requirements.

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9 Nevertheless, in accordance with the procedures set out in the Scottish
Government’s Energy Consents Unit: Good Practice Guidance for Applications
under Section 36 and 37 of the Electricity Act 1989 (February 2022) and the
Town and Country Planning (Pre-Application Consultation) (Scotland)
Amendment Regulations 2021, a programme of pre-application community
engagement has been undertaken by the applicant.
10 Consultation activity included:
 The creation of a dedicated project website to allow people to view details
about the proposed development and contact the project team for further
information (https://windburnwindfarm.co.uk/.).
 A series of meetings with and presentations to representatives of community
councils, local interest groups and community development trusts.
 Email consultations updates and/or individual meetings with local elected
representatives for the Strathallan Ward, and the MP and MSP
representatives for the area.
 An initial round of public exhibitions were held on 20th and 22nd June at
community venues in Blackford and Braco. A second round of exhibitions
were held from 13th – 16th November and included community venues in
Braco and Blackford. Dunning and Milnathort. These exhibitions were
advertised in The Courier and the Strathallan Times (digital only). Posters
and leaflets were also distributed locally.
Development Plan
11. The Development Plan for the area comprises National Planning Framework 4
and the Perth and Kinross Local Development Plan 2 (2019) along with its
associated statutory supplementary guidance.
National Planning Framework 4
12 The National Planning Framework 4 (NPF4) is the Scottish Government’s long-
term spatial strategy with a comprehensive set of national planning policies. This
strategy sets out how to improve people’s lives by making sustainable, liveable
and productive spaces. NPF4 has an increased status over previous NPFs and
comprises part of the statutory development plan.
13 The Council’s assessment of this application has considered the following
policies of NPF4:
 Policy 1: Tackling the Climate and Nature Crises
 Policy 2: Climate Mitigation and Adaptation
 Policy 3: Biodiversity
 Policy 4: Natural Places
 Policy 5: Soils
 Policy 6: Forestry, Woodland and Trees
 Policy 7: Historic Assets and Places

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 Policy 11: Energy
 Policy 13: Sustainable Transport
 Policy 22: Flood Risk and Water Management
Perth and Kinross Local Development Plan 2019
14 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the
area and states that, “Our vision is of a Perth and Kinross which is dynamic,
attractive and effective which protects its assets whilst welcoming population and
economic growth.” It is the most recent statement of Council policy and is
augmented by Supplementary Guidance.
15 The principal relevant policies are, in summary:
 Policy 1A: Placemaking
 Policy 1B: Placemaking
 Policy 2: Design Statements
 Policy 15: Public Access
 Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments
 Policy 26B: Scheduled Monuments and Archaeology: Archaeology
 Policy 29: Garden and Designed Landscapes
 Policy 33A: Renewable and Low Carbon Energy: New Proposals for
 Renewable and Low-Carbon Energy
 Policy 33D: Renewable and Low Carbon Energy: Spatial Framework for
Wind Energy
 Policy 38A: Environment and Conservation: International Nature
Conservation Sites
 Policy 38B: Environment and Conservation: National Designations
 Policy 38C: Environment and Conservation: Local Designations
 Policy 39: Landscape
 Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy
 Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and
Development
 Policy 41: Biodiversity
 Policy 51: Soils
 Policy 52: New Development and Flooding
 Policy 53A: Water Environment and Drainage: Water Environment
 Policy 53A: Water Environment and Drainage: Surface Water Drainage
 Policy 53D: Water Environment and Drainage: Reinstatement of Natural
Watercourses
 Policy 53E: Water Environment and Drainage: Water Supply
 Policy 55: Nuisance from Artificial Light and Light Pollution
 Policy 56: Noise Pollution
 Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals

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Statutory Supplementary Guidance
16
 Supplementary Guidance - Flood Risk and Flood Risk Assessments
(adopted in 2021)
 Supplementary Guidance - Landscape (adopted in 2020)
PKC Non Statutory Guidance
17
 Planning Guidance - Planning & Biodiversity
 Supplementary Guidance - Renewable & Low Carbon Energy (draft)
Consultations
18 As part of the planning application process the following bodies were consulted:
19 Perth and Kinross Heritage Trust: No objection. It is recommended that a
condition is imposed requiring that a programme of archaeological work is
undertaken pre-construction phase and fully implemented thereafter.
20 Biodiversity: No objection. Conditions are recommended to secure a CEMP,
including measures to mitigate impacts of lighting on nocturnal species, a revised
Habitat Management Plan including clarity of measures provided for biodiversity
compensation and enhancement, details of monitoring arrangements and details
of an Ecological Clerk of Works (ECOW).
21 Dick Bowdler (Noise Consultant): Conditions to be adopted are the Standard
Onshore Wind Conditions of 25 February 2025 published by Scottish
Government. The noise limit should be a single figure of 35dB measured as
LA90 and applied at all times and in all wind conditions. Conditions will also be
required for the BESS and the sub-station based on BS4142.
22 Conservation Team: No objections. Content with the approach to designated
built heritage assets within the PKC area set out in the Cultural Heritage section
(Chapter 11) of the EIA report, and the conclusion that the potential impact on
Braco Garden and De-signed Landscape would result in a very minor adverse
significance of effect.
23 Environmental Health (Contaminated Land): No objection.
24 Environmental Health (Noise Odour): No objection. Conditions are
recommended to ensure that noise and vibration from the construction phase,
including times of operation, are controlled via the CEMP. The CEMP should
include a Dust Management Plan.
25 Environmental Health (Private Water): No objection, subject to the submission
of a Water Management Plan which should include full details of the sources,
infrastructure, including treatment, and properties served by private water
supplies arising within, or likely to be affected by the development.

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26 Structures and Flooding: No objection, subject to a condition requiring ongoing
environmental monitoring via the CEMP.
27 Transportation and Development: No objection, subject to conditions on a
Construction Traffic Management Scheme (TMS), a detailed design showing the
works to facilitate the upgrade of the site access from the A9 and a maintenance
agreement
Additional Statements
Screening Opinion EIA required
Environmental Impact Assessment (EIA):
Environmental Report
Submitted
Appropriate Assessment under Habitats
Regulations
Any required Habitats Regulations
Appraisal will be for the ECU
Design Statement or Design and Access
Statement
Submitted
Report on Impact or Potential Impact eg
Flood Risk Assessment
 PAC Report
 Planning Statement
 Design and Access Statement
 EIA Report covering the
following:
− Site Assessment
− LVIA
− Ecology
− Ornithology
− Hydrology, Geology and
Hydrogeology
− Cultural Heritage and
Archaeology
− Traffic and Transport
− Socio-economics, Tourism,
Recreation and Land Use
− Other Issues
− Schedule of Commitments
Appraisal
28 Schedule 8 to Section 36 of the Electricity Act 1989 requires the Scottish
Government, as the appropriate authority, to serve notice of the application on
the Council as the relevant planning authority. There is no primacy of the
Development Plan for S.36 applications. However, the Council are required to
consider the proposal in accordance with the provisions of the Development
Plan, as a material consideration.
29 The Development Plan comprises National Planning Framework 4 (NPF4) and
the Perth and Kinross Local Development Plan 2019 (LDP2). The relevant policy
considerations are outlined in the policy section above and are considered in

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more detail below. In terms of other material considerations, this involves
considerations of the Council’s other approved policies and supplementary
guidance.
30 NPF4 identifies ‘Strategic Renewable Electricity Generation and Transmission
Infra-structure’ as a National Development. The National Development explicitly
supports renewable electricity generation, which generates above 50 megawatts
capacity which is applicable in this case. The policy intent of NPF4 Policy 11:
Energy is to ‘encourage, promote and facilitate all forms of renewable energy
development onshore and offshore’...including energy generation and storage.
Policy 11a also provides support for all forms of renewable, low carbon energy
including: (i) wind farms, (iii) energy storage, and (vii) co-location.
31 Co-location of battery energy storage system with wind farm developments is
supported in principle.
32 NPF4 highlights the importance of enabling developments that contribute
towards greenhouse gas emissions reduction targets and wider national
commitments to tackle the climate crisis. The proposed wind turbines would have
an anticipated nominal capacity of approximately 65MW plus an additional 35MW
for the BESS. The annual generation from the wind turbines is therefore
estimated at approximately 227,760 Megawatt hours (MWh).
33 The predicted potential savings in CO2 emissions due to the proposed
development replacing other electricity sources over the lifetime of the wind
turbines (assumed to be 40 years for the purpose of the carbon calculator) are
approximately:
 215,233 tonnes of CO2 per year over coal-fired electricity (approximately
8.6 million tonnes assuming a 40 year lifetime for the purposes of the
carbon calculator);
 47,146 tonnes of CO2 per year over grid-mix of electricity (approximately
1.8 million tonnes assuming a 40 year lifetime for the purposes of the
carbon calculator); and
 99,531 tonnes of CO2 per year over a fossil fuel mix of electricity (3.9
million tonnes assuming a 40 year lifetime for the purposes of the carbon
calculator).
34 The proposal is anticipated to provide enough electricity to power the equivalent
of 70,317 households per annum.
35 Schedule 9 of the Electricity Act 1989 requires licence holders to “have regard to
the desirability of preserving natural beauty, of conserving flora, fauna and
geological or physiographical features of special interest” and “shall do what he
reasonably can to mitigate any effect”.

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36 The provided Planning Statement focuses on addressing compliance with NPF4,
mainly through Policy 11 but with acknowledgment of further context via other
identified policies 1, 2, 3, 4, 7 and 22.
37 The document also recognises that LDP2 is to be considered with Policy 33:
Renewable and Low Carbon Energy identified as the main policy against which
to assess the proposed development. The wide range of impacts described
within Policy 33 are considered sufficient for the assessment of the development.
The Planning Statement summarises how the application addresses the different
aspects of Policy 33, either by referencing specific chapters within the EIA report
or through the detailed exploration of NPF4 Policy 11. Other policies within LDP2
are also included as considered relevant for the determination of the application.
38 The specific considerations in LDP2 Policy 39: Landscape are also relevant and
should be taken into account. However, it is accepted that NPF4 Policy 11
supersedes LDP2 Policy 39 where they are incompatible.
Landscape and Visual
39 Table 7.1 contained within the Planning Statement refers to the assessment of
landscape impacts of the development against NPF4 Policy 11, while table 7.2
considers NPF4 Policy 4 for Special Landscape Areas (SLAs). It considers the
design of the development has limited impact on local and regional landscapes.
40 The LVIA (Chapter 7, volume 2 of the EIAR) assesses the impact of the
development on two Local Landscape Areas (LLAs) located within a 15km
radius. A summary of scoping is shown below:
 Ochil Hills LLA: With the development taking place within the boundary of the
LLA, the impact on its landscape has been fully assessed.
 Upper Strathearn LLA: due to the distance to the development and the limited
visibility due to screening and filtering caused by natural features, the LLA
has not been assessed further.
41 The document also assesses landscape and visual impacts on National Scenic
Areas (NSAs). The River Earn (Comrie to St Fillans) NSA is approximately 20km
northwest of the development but excluded from the assessment. While the
analysis of Zone of Theoretical Visibility (ZTV) (figure 7.5b) suggests that parts of
the NSA will be in the visibility area of 11-13 blade tips, the applicant considers
that the distance to the development makes impacts on the special qualities of
the NSA to be unlikely.
42 Due to the distance to the proposed developments, the Wild Land Areas (WLAs)
of Ben Lawers and Lyon-Lochay have been scoped out.

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43 The Planning Assessment considers the impact to local landscapes is
outweighed by social and economic benefits of the Proposed Development,
creating a positive assessment against NPF4 Policy 11.
44 NPF Policy 11(e) states that project design and mitigation needs to demonstrate
how they address impacts on “significant landscape and visual impacts,
recognising that such impacts are to be expected for some forms of renewable
energy. Where impacts are localised and/ or appropriate design mitigation has
been applied, they will generally be considered to be acceptable”.
45 The design of the proposed development has evolved, taking into account input
gathered through pre-application process. The chosen layout is stated to respect
the form of the under-lying landscape and its scale. The document claims this
design has been optimised with regards to landscape and visual amenity as far
as possible, on balance with other environmental constraints, technical
constraints and commercial viability.
46 The design has been adjusted since scoping to reduce its impact on landscape
and other features. This includes the reduction in the tip height from 180m to
149.9m, allowing the avoidance of visible aviation lighting.
47 The assessment of the resulting development has identified that the development
has the potential to cause effects on: (in brackets, magnitude of change and
significance of effect on primary assessment)
 The physical landscape of the site (high and major / significant)
 Landscape character of the following Landscape Character Types (LCT)
(different degrees of impact) within the territory of Perth and Kinross:
 LCT 382 Lowland Hill Ranges (high and major / significant within 5km,
medium and moderate / significant between 5 and 10km)
 LCT 384 Broad Valley Lowlands Tayside (medium and moderate /
significant within 10km, low and minor / not significant for the remaining
parts of the LCT)
 LCT 380 Lowland Hills Tayside (Unit 2, Ben More/Ben Vorlich)
 Landscape character of the following Landscape Designations
 Ochil Hills LLA (medium and moderate/significant)
 Core paths within 5km of the proposed development, including:
 BLFD/1 (part of the Scotways Tillicoultry to Blackford Hill Track HP353)
 BLFD113
 BLFD118
 Cumulative landscape and visual effects (including combined, successive and
sequential visual effects).
48 The scoping exercise concluded that a series of receptors could be excluded
from the assessment due to distance, lack of visibility or screening / filtering. The
following elements are within Perth and Kinross and within the study area for the
LVIA, but have been scoped out of the study:

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 LCT 390 Lowland Basins
 Upper Strathearn LLA
 River Earn (Comrie to St Fillans) NSA
 Recreational routes AUCH53 and AUCH 113 (part of the Scotways Tillicoultry
to Blackford Hill Track HP353 / Right of Way TP193
 Visual receptors within the settlements of Aberuthven, Blackford and Muthil
49 While the content of the application focuses on the integrity of designated areas,
the text of NPF4 policy 4(d) also aims to protect the quality of these designations.
Some Special landscape Qualities (SLQs) are expected to suffer significant
impact, which should be noted as an undesirable outcome of the Development in
accordance to national policy.
50 The applicant states that the impact on the ‘relatively wild and tranquil’ quality of
the Ochil Hills LLA would be of medium magnitude and moderate (significant)
effect within 5km of the development. Beyond that point, the scale of change
would reduce to small. These impacts are presented as local in all cases. The
summary of effects on special landscape qualities is presented as an addition to
the change that existing windfarms have previously caused in the local
landscape. While the visual impact of the proposed development is recognised
as an intensification of the influence of wind farm developments on the
designated areas, these landscapes are described as already physically and/or
perceptually altered by the operational group of turbines adjacent to the site.
51 The assessment of cumulative impact scenarios 1 (operational and consented)
and 2 (operational, consented and proposed) are built around a similar premise.
With a number of wind farm developments already present, the proposed project
is seen as an enlargement with relatively low additional impact on local
landscapes.
52 The assessment of visual and landscape amenity for selected viewpoints
includes seven locations within Perth and Kinross. Five of these are considered
of high sensitivity, with two (viewpoints 3 Innerdownie and 7 Braco) exposed to
medium and moderate (significant) effects for the primary assessment as well as
scenarios 1 and 2.
53 The EIAR states impacts on LLAs are to take place within 5km from the
proposed development, and 10km for assessed LCTs. The LVIA report excludes
some high value locations on the basis of distance and/or screening and filtering.
The documentation produced is deemed to provide sufficient reason to consider
the impact on these locations less likely or severe.
54 It is acknowledged that wind farms by their nature will introduce visual impacts
within the landscape that they are located. In this instance, the operational
Burnfoot Hill and Rhodders wind farm cluster is located on an adjacent site and
Green Knowes, Strathallan, Craighead and Brunt Hill are all within 15km. The
cumulative landscape and visual impacts of operational, consented and

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proposed wind farms within a 40km study area have been assessed as part of
the LVIA.
55 The introduction of the proposed development would intensify the existing
influence of wind farm development within the designated Ochil Hills LLA and its
special qualities, as well as the role it plays in providing a setting to the
surrounding lowland landscapes. Within PKC this is most evident from the
viewpoint at Innerdownie that was assessed as part of the LVIA, with all 13 of the
turbines being theoretically visible.
56 However, the proposed development would be located within parts of the Ochil
Hills LLA that are already physically and /or perceptually altered by the
operational group of turbines adjacent to the site and more distant operational
wind farms including Green Knowes.
57 Locally, the scale of landscape change on the Ochil Hills LLA is considered to be
medium, over a small geographical extent within 5km of the proposed
development, where both physical and perceptual effects would occur. Beyond
5km the scale of change would reduce to small as effects on the “relatively wild
and tranquil” quality of the LLA would reduce with distance. In addition, at
distances beyond 5km, theoretical visibility becomes more intermittent.
58 There will be some direct and localised effects on the landscape fabric of the
Ochil Hills LLA and on landscape character. However, as the proposed
development would be located in an area which is altered by existing wind
turbines and would generally be seen as part of an existing wind farm group, its
introduction is not judged to significantly alter the overall integrity of the local
landscape designation.
59 The Scottish Government gives considerable commitment to renewable energy
and encourages planning authorities to support the development of wind farms
where they can operate successfully and are situated in appropriate locations.
The project has potential to contribute to addressing the climate emergency
through additional renewable energy generation. In this regard, the 13 turbines
are anticipated to contribute an additional 65MW of installed capacity with the
BESS providing capacity for a further 35MW, which would make a meaningful
contribution toward addressing climate change on the road to net zero. As with
all applications, a balancing exercise must be undertaken. The benefits of the
proposal must be weighed against potential drawbacks and then considered in
the round, taking account of the relevant policies of the Development Plan, which
includes NPF4, as well as all other material planning considerations. In this
instance, it is recommended that impacts of the proposal, although significant in
some aspects, are broadly acceptable.
Residential Amenity
60 NPF4 Policy 11: Energy and LDP2 Policies 33: Renewable and Low-Carbon
Energy, 55: Nuisance from Artificial Light and Light Pollution and 56: Noise
Pollution are relevant.

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61 PKC has engaged an external specialist noise consultant to review the noise and
vibration assessment contained in the EIAR. The selected noise sensitive
receptors included in the assessment represent the habitable properties
surrounding the site that are predicted to experience the highest operational
phase noise levels.
62 Technical guidance for the assessment of noise emissions from onshore wind
turbines, known as ETSU-R-97, provides comprehensive advice to local
authorities across the UK for appraising planning applications for onshore wind
developments. The propagation methodology described in the EIAR are
appropriate and the resulting turbine noise levels are correct in accordance with
good practice.
63 Due to distances between turbines and the nearest properties, noise ius unlikely
to be an issue. However, it is recommended that a condition imposes a noise
limit on the operational turbines. The limit should be a single figure of 35dB
measured as LA90 and applied at all times and in all wind conditions.
64 There does not appear to be any assessment of noise from the substation or
from the BESS. This will be required by condition to ensure that appropriate
mitigation is put in place, if necessary.
65 A Construction Environmental Management Plan (CEMP) will be required and
will include details for the management of noise and vibration, including traffic
movements. This is in accordance with BS5228 2009+A1:2014 Code of Practice
for Noise and Vibration Control on Construction and Open Sites-Part 1:
Noise.BS5228-1 and Part 2: Vibration.BS5228-2 (Condition 9).
66 Any blasting activities will be limited to Monday to Friday 07:00 to 18:00 and
07:00 to 13:00 on Saturdays (Condition 11).
67 Draft conditions have been submitted with the application. For general
construction, the hours that have been provided are 07:00 to 19:00 Monday to
Friday and 07:00 to 16:00 on Saturdays. The recommended hours are 08:00 –
13:00 on Saturdays, however given the distance to residential receptors, the
hours proposed will not adversely impact on residential amenity and are
acceptable.
68 The nearest non financially involved property is over 400 metres away from any
substantial construction works such as wind turbines, substation compound,
borrow pits, new tracks. Therefore, effect associated with dust or vehicle
emissions are considered to be unlikely. However, a Dust Management Plan is to
be included within the full CEMP (Condition 9).
Roads and Access
69 Policy 13 (Sustainable Transport) of NPF4 focuses on sustainable travel and
ensures development is sited appropriately. LDP2 Policy 60 (Transport
Standards and Accessibility Requirements) requires that local road networks be

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capable of absorbing traffic generated by development and that satisfactory
access is provided.
70 The proposed abnormal load route required to transport turbine components to
the site would be from the port of Rosyth, via the M90 to Broxden Roundabout, at
Broxden Roundabout the turbine components would travel south-west on the A9
before turning off onto the C468/Sheriffmuir Road. The turbine components
would then continue on this road south-west until reaching the area around the
Carim Lodge residential property. From there a new access track would take the
turbine components southwards into the Ochil hills and onto the site.
71 In order to accommodate abnormal loads, it is proposed that the
C468/Sherriffmuir Road will be widened from the A9 junction to the proposed
new track near Cairn Lodge. A new section of road would also be created from
the Sherriffmuir Road junction with the A9, avoiding the sharp turn back in the
road.
72 The proposed access tracks and upgraded/realigned roads have been designed
to be as direct/short as possible, whist attempting to avoid crossing
watercourses, avoid deep peat, and also taking slope into account to ensure
viable for construction and use.
73 The additional traffic during the busiest month of construction associated with the
development is forecast to be 
 240 arrivals
 240 departures
74 Approximately 223 of these vehicles are predicted to be HGV’s.
75 PKC Transport Planning has been consulted and has no objections to the
proposal subject to conditions on a Construction Traffic Management Plan
(CTMP), a detailed design showing the works to facilitate the upgrade of the site
access from the A9 and a maintenance agreement (Conditions 13 and 14).
Drainage and Flooding
76 Policy 22 (Flood Risk and Water Management) of NPF4 sets out that proposals
will not increase the risk of surface water flooding to others, or itself be at risk,
manage all rain and surface water through sustainable urban drainage systems
(SUDS) and seek to minimise the area of impermeable surfaces. In addition,
Policy 53 (Water Environment and Drainage) of LDP2 sets out that development
proposals at any location and of any scale should protect and where practical
improve the water environment.
77 Chapter 10 of the EIAR ‘Hydrology, Hydrogeology and Geology’ provides a flood
risk and hydrological assessment, identifying flood sources and management
throughout the project.

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78 Flood risk will be mitigated through a combination of embedded design
measures, including:
 Avoidance of flood-prone areas;
 Watercourse crossings designed to accommodate 1-in-200-year flood
events, inclusive of climate change allowances;
 Implementation of Sustainable Drainage Systems (SuDS) to manage runoff
and maintain natural drainage patterns;
 Maintenance of a minimum 50m buffer zone from watercourses;
 Separation of clean and dirty water flows during construction;
 Use of pollution prevention measures and sediment control techniques.
79 These measures are aligned with SEPA guidance and NPF4 and are designed to
protect water quality, minimise runoff, and ensure resilience to future climate
impacts.
80 PKC Flooding and Structures are in broad agreement with recommendations
outlined in the EIAR and advise that these measures will significantly mitigate
water flood risk, peat, hydrology, hydrogeology, or geological impacts. A CEMP
will be required to ensure that best practice construction and effective monitoring
are undertaken (Condition 9).
Soils and Peat
81 In terms of NPF4 Policy 5, the site includes areas of localised peat deposits, as
confirmed through site surveys/peat probing. Policy 5cii supports the
development of renewable energy generation proposals on peatland, carbon rich
soils and priority peatland habitats, with further information required as per Policy
5d.
82 The documentation addressing environmental constraints shows the majority of
the construction is to take place in peat soils. The design opted for locations
where peat deposits are less deep, with most of the elements placed in reserves
with depths below 1m. Figure 10.4 (volume 3d, chapter 10) confirms the following
components within the development are on class 1 Nationally important carbon-
rich soils, deep peat and priority peatland habitat:
 Turbines T10, T11, T12 and T13
 Associated crane pads
 Borrow pit 2
 Sections of access track
 Several turning heads
83 The Peat Management Plan shows the majority of class 1 areas impacted by the
development are included in the proposed Outline Habitat Management Plan.
84 The Peat Balance Assessment (table 6-1) outlines over 114,000 m3 are
expected to be excavated, and over 135,000 m3 being reused and reinstated.

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While the plan includes the extensive reuse of that peat, the removal of such
large volumes of high-quality peat raises concern about the ecological impact of
the development.
85 With regards to the adequacy of peat removal, reuse and mitigation measures
proposed in the Peat Management Plan, we would refer to the feedback and
recommendations presented by SEPA in their response submitted to the ECU.
86 With regards to the location of borrow pits, BP2 is on the territory of Perth and
Kinross. The Borrow Pit Appraisal document (volume 4b, Technical Appendix
10.3) describes the projected performance of the site. There is a brief
explanation on the rationale to choose these locations, but no detail on whether
other alternatives were considered. While the presence of peat is acknowledged,
the peat depth mapping suggests there are few locations within the development
site where disturbance of peat reserves could be further reduced.
Conservation Considerations
87 NPF4 Policy 7 (Historic Assets and Places) and LDP2 Policies 26 (Scheduled
Monuments and Archaeology) are relevant to the development. A Cultural
Heritage and Archaeology Assessment (CHA) has been submitted in support of
the development as part of the EIAR.
88 The assessment considers the direct and indirect effects of the proposed wind
farm on heritage assets, including an assessment on the setting of designated
sites within the vicinity of the wind farm. Perth and Kinross Heritage Trust (PKHT)
has been consulted on the proposal and advised that they partially agree with the
mitigation measures proposed for undesignated assets as outlined in the CHA.
As a result they offer the following recommendations.
 The use of SLR numbers and not the actual MPKs is not appropriate. While
we appreciate the site crosses council boundaries the monument’s unique ID
should be used, alongside in house numbering if required.
 For MPK20240/SLR53 given the nature of lithic scatters we strongly
recommend that the CR Wickham Jones’ Guidance of Lithic Scatters ALGAO
Scot 2020 is followed to determine an appropriate methodology and fully
consider the resource. This should not just involve soil processing but look to
locate artefacts via fieldwalking (if possible) and hand excavated test pits as
per the above guidance to located artefacts in position not via mechanical
extraction.
 For the stone circle MPK659/ SLR6 given the site type, and despite the
potential disturbance, we would expect this asset to be fully recorded where
impacted on by the scheme via excavation and not Strip Map Sample. This
should be a well-considered programme of works that looks to fully record
the area and subsequently protect via fencing the remaining site in situ
throughout the duration of works.
 Given the location of the development and the generally poor record of
upland archaeology (less development/ agricultural disturbance alongside

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survey) the WSI should fully demonstrate the consideration made for areas to
be monitored and include flexibility for additional WB/ mitigation should the
need arise. For example, are there areas within the scheme that would
benefit from monitoring based on topography and context. Walkovers,
although useful are limited, and we would expect some more consideration
for potential areas to be included.
 All the above methodologies when within the PK area, should be agreed with
PKHT then sent on to PKC for final approval. Mitigation should be informed
by the Perth and Kinross Regional Research Framework (PKARF).
89 It is recommended that a condition is imposed requiring a programme of
archaeological works in accordance with a Written Scheme of Investigation be
submitted which will outline in full the archaeological mitigation across the
development site. PKHT has offered the following comments to inform the WSI:
 Protective fencing and buffers on known assets – this should be included
across the development site and look to protect archaeology in situ during
works.
 I couldn’t see any information regarding peat depths and potential survival in
the cultural heritage chapter, in respect for areas of unknown buried remains
where monitoring peat stripping may be of benefit. This should be
investigated and included into the forthcoming WSI if required.
 For upland post medieval archaeology i.e. stone dykes etc we would always
recommend these are protected in situ, and where crossed are left in a stable
state and “made good”. It is not clear if any of these features survive I the
development area but if they are they need to be considered.
90 There are no designated built heritage assets within the proposed development
area within the PKC boundary. PKC’s Conservation Officer is content with the
approach to designated built heritage assets within the PKC area set out in the
Cultural Heritage section (Chapter 11) of the EIA report, and the conclusion that
the potential impact on Braco Garden and Designed Landscape would result in a
very minor adverse significance of effect.
Natural Heritage and Biodiversity
91 Policy 3 (Biodiversity) and Policy 4 (Natural Places) of NPF4 and Policy 41
(Biodiversity) of LDP2 are applicable to the proposal. In addition, NPF4 Policy 6
(Forestry, Woodland and Trees) and LDP2 Policies 40A (Forest and Woodland
Strategy) and 40B (Trees, Woodland and Development).
92 In terms of Ecology, Section 8.235 of the EIAR confirms the permanent loss of up
to 14.36ha and indirect loss of 25.42ha of bog habitats (Annex 1 blanket bog) is
considered to constitute a significant negative effect at the international level, and
the permanent loss of up to 21.99ha and indirect loss of 12.05ha of wet heath
habitats would constitute a significant negative effect at the regional level. The
permanent loss of 1.92ha and indirect loss of 6.28ha of degraded blanket bog

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and the permanent loss of up to 0.02ha and indirect loss of 2.99ha of dry heath
habitats would constitute a significant negative effect at the local level.
93 8.236 The habitat restoration and enhancement measures detailed in paragraph
8.321 and Technical Appendix 8.4 delivers approximately 10 times the area of
blanket bog loss, plus an additional 77.4ha of enhancement. This meets
NatureScot guidance.
94 The Ground Level Tree Assessment identified one tree (Tree 22) as having a
feature suitable for bats. As the tree is within 30m of the proposed development,
survey undertaken by a suitably experienced and qualified ecologist in
accordance with published best practice is required.
95 The submitted Outline Habitat Management Plan contains clear aims informed by
rationale and references the Tayside Local Biodiversity Action Plan.
96 One area that lacks clarity is the area of measures being proposed for
compensation and enhancement. Enhancement can only be considered as such
when it is over and above the measures required for mitigation and
compensation.
97 Areas of compensation and enhancement are presented together, and it is
recommended that the ‘quantity’ column is separated into two: compensation and
enhancement in Table 5-2 Proposed HMP Goals and Objectives. 
98 Riparian planting is proposed and presents an opportunity to link with the Allan
Water Project mentioned in the ‘PKC Forestry and Woodland Strategy. Allan
Water Project | Forth Rivers Trust’.
99 The use of deer fencing is proposed. Deer control is a more sustainable and
long-term approach to deer population management and is encouraged. A
reduction in deer fencing also creates more open and welcoming areas for
people to access and enjoy. Regular checking of deer fences to check they are
not porous should be included in the Plan.
100 There is no mention of contributing towards nature networks.
101 A commitment to submit all species records to NBN Gateway would be
welcomed as positive contribution towards biodiversity enhancement, especially
as Perth and Kinross is not covered by a records centre.
102 Overall, the submitted information is in accordance with legislation, policy and
guidance. Conditions are recommended to secure a CEMP, including measures
to mitigate impacts of lighting on nocturnal species, a revised Habitat
Management Plan including clarity of measures provided for biodiversity
compensation and enhancement, details of monitoring arrangements and details
of an Ecological Clerk of Works (ECOW).

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Economic Impact
103 NPF4 Policy 11(c) advises that development proposals will only be supported
where they maximise net economic impact, including local and community
socioeconomic benefits such as employment, associated business and supply
chain opportunities.
104 The Socio-economics, Tourism, Recreation and Land Use Report considers the
potential for the development to create a positive impact on local communities. It
outlines there are no Major Significant effects of the development on socio-
economic factors. It considers the construction phase would generate
approximately £4.7 million of Gross Value Added (GVA) to the local area, and a
further £11.8 million GVA to the wider Scottish economy.
105 During the construction stage, the proposed development is estimated to support
64 full time equivalent jobs in the local area, with a further 202 supported across
the wider Scottish job market. These numbers are lower during the operational
stage, with an impact on employment (including direct roles and supply chain)
estimated to be around 0.01% of the workforce in the region. This change, while
positive, is deemed negligible.
Planning Obligations and Legal Agreements
106 A bond or other form of financial guarantee will be required for site
decommissioning, restoration and aftercare. Further details are outlined in
Conditions 22-24.
Conclusion and Reasons for Recommendation
107 The Scottish Government gives considerable commitment to renewable energy
and encourages planning authorities to support the development of wind farms 
where they can operate successfully and are situated in appropriate locations.
The project has potential to contribute to addressing the climate emergency
through additional renewable energy generation. In this regard, the 13 turbines
are anticipated to contribute an additional 65MW of installed capacity with a
further 35MW for the BESS and would make a meaningful contribution toward
addressing climate change on the road to net zero. As with all applications, a
balancing exercise must be undertaken. The benefits of the proposal must be
weighed against potential drawbacks and then considered in the round, taking
account of the relevant policies of the Development Plan, which includes NPF4,
as well as all other material planning considerations. In this instance, it is
recommended that impacts of the proposal, although significant in some aspects,
are broadly acceptable. It is therefore recommended that no objection is made to
the proposal.
Recommendation 
No objection subject to the following conditions:

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Conditions and Reasons for Recommendation
Commencement of Development
1. The Development must be commenced no later than three years from the date of
this planning permission.
Written confirmation of the intended date of Commencement of Development
shall be provided to the Planning Authority no later than one calendar month
before that date.
Reason - Section 58 of the Town and Country Planning (Scotland) Act 1997
requires a condition to be attached to permissions limiting their duration. Three
years is the default period set by law and there is no material reason indicating
that a different period should be set.
Design of Wind Turbines
2. (1) No turbines shall be erected until details and specification of the proposed
wind turbines (including the size, make and model, power rating and sound
power levels, nameplate generating capacity, type, external finish and colour)
and all turbine associated apparatus have been submitted to and approved in
writing by the Planning Authority.
(2) For the avoidance of doubt the scale of the turbines shall not exceed the
parameters assessed in the EIA Report and set out in the description of the
Development.
(3) The submission shall demonstrate that all wind turbine blades shall rotate in
the same direction.
(4) Thereafter the wind turbines and all associated apparatus shall be
constructed and operated in accordance with the details approved under part (1)
and shall be maintained in the free from external rust, staining or discolouration,
until such time as the Development is decommissioned.
Reason - To ensure that the environmental impacts of the turbines forming part
of the Development conform to the impacts assessed in the EIA Report and in
the interests of the visual amenity of the area.
Design of Sub-station and ancillary development
3. (1) There shall be no Commencement of Development of the sub-station until
final details of its location, layout, external appearance, dimensions, and surface
materials, and control room buildings, any above ground electrical equipment,
associated compounds, construction compound, boundary fencing, external
lighting and parking areas have been submitted to, and approved in writing by,
the Planning Authority.

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(2) Thereafter, the substation and control room buildings, any above ground
electrical equipment, associated compounds, fencing, external lighting and
parking areas shall be constructed in accordance with the details approved under
part (1).
Reason - To ensure that the environmental impacts of the sub-station and
ancillary development forming part of the Development conform to the impacts
assessed in the EIA Report and in the interests of the visual amenity of the area.
Design of Energy Storage Facility
4. (1) There shall be no Commencement of Development on the energy storage
facility until details of the location, layout, external finishes and appearance,
dimensions and surface materials of the energy storage facility, inclusive of
battery containers, substation(s), control buildings, external above ground
electrical equipment, associated compounds, construction compound, boundary
fencing and other enclosures, external lighting, security cameras and parking
areas have been submitted to, and approved in writing by, the Planning
Authority. For the avoidance of doubt the details of the energy storage facility
shall not exceed the parameters assessed in the EIA Report.
(2) Thereafter, the battery energy storage facility shall be constructed in
accordance with the details approved under part (1) and the infrastructure shall
be maintained in the approved colour, free from rust, staining or discolouration
until such time as the Development is decommissioned.
Reason - To ensure that the environmental impacts of the energy storage facility
forming part of the Development conform to the impacts assessed in the EIA
Report and in the interests of the visual amenity of the area.
Signage
5. No part of the Development shall display any text, logo, sign or advertisement
(other than health and safety signage as required by law) or be illuminated (with
the exception of aviation safety lighting).
Reason - In the interests of health and safety on site and the visual amenity of
the area.
Micro-siting
6. All wind turbines, buildings, areas of hardstanding, associated infrastructure and
tracks shall be constructed in the locations shown on plan reference Volume 3a,
Figure 3.1a Site Layout read in conjunction with Volume 2, Chapter 3 -
Description of Development. The locations of wind turbines, buildings, areas of
hardstanding and tracks may be adjusted by micro-siting within the redline
boundary shown on plan reference Figure 3.1a Site Layout. Any such micro-
siting is subject to the following restrictions unless otherwise approved in
advance in writing by the Planning Authority:

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(a) no wind turbine, building, hardstanding or access track shall be moved more
than 50m from the position shown on Figure 3.1a Site Layout and at the grid
references set out in Table 3-4 of Volume 2, Chapter 3 Description of
Development;
(b) No micro-siting shall take place with the result that infrastructure (excluding
floating tracks or hardstanding) has a greater overall impact on peat than
the original location;
(c) no infrastructure other than as required for a water course crossing or water
crossing upgrading works shall be micro-sited to within 50 metres of a water
course;
(d) No wind turbine foundation shall be positioned higher than 5m Above
Ordnance Datum (AOD) than the position for that turbine shown at the grid
references set out in Volume 2, Chapter 3 of the AI Report;
(e) no micro-siting shall take place which will bring the wind turbine blade tips
closer than 50m stand-off distance to high-value bat habitat.
All micro-siting permissible under this condition shall be submitted to, and
approved in writing by, the Environmental Clerk of Works (ECoW) in advance of
any works or development associated with the micro-siting request being
implemented.
No later than three months after the Date of Final Commissioning, an updated
site layout plan showing the final position of all wind turbines, buildings, areas of
hardstanding, tracks and associated infrastructure forming part of the
Development shall be submitted to the Planning Authority. The plan shall also
specify areas where micro-siting has taken place and, for each instance, be
accompanied by copies of the ECoW or Planning Authority’s approval, as
applicable.
Reason - to control environmental impacts while taking account of local ground
conditions.
Planning Monitoring Officer
7. (1) There shall be no Commencement of Development until the terms of
appointment by the developer of an independent and suitably qualified consultant
as Planning Monitoring Officer (PMO) have been submitted to, and approved in
writing by, the Planning Authority. The terms of appointment shall:
(a) impose a duty to monitor compliance with the terms of the planning
permission and the conditions attached to it;
(b) require the PMO to submit a monthly report to the Planning Authority
summarising works undertaken on site, matters of compliance or otherwise
with the terms of the planning permission and conditions attached to it,
alongside a summary of the incidents recorded and reported by the ECoW;
and
(c) require the PMO to report to the Planning Authority any incidences of non-
compliance with the terms and conditions of the planning permission at the

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earliest practical opportunity, and no later than 10 working days following
the incidence of non-compliance.
(2) The PMO shall be appointed on the approved terms throughout the period
from Commencement of Development to completion of construction works and
post-construction site reinstatement works.
(3) Prior to the decommissioning, restoration and aftercare phases of the
Development or the expiration of the operational period of the planning
permission (whichever is the earlier), details of the terms of appointment of a
suitably qualified consultant as PMO by the Company/operator throughout the
decommissioning, restoration and aftercare phases of the Development shall be
submitted to, and approved in writing by the Planning Authority.
(4) The PMO shall be appointed on the terms approved under part (3) throughout
the decommissioning, restoration and aftercare phases of the Development.
Reason - To ensure compliance with the planning permission and the conditions
attached to it.
Ecological Clerk of Works
8. (1) There shall be no Commencement of Development until the terms of
appointment of an independent Ecological Clerk of Works (ECoW) have been
submitted to, and approved in writing by, the Planning Authority. The terms of
appointment shall:
(a) impose a duty to monitor compliance with the environmental commitments
provided in the EIA Report, including any micrositing under condition 6, the
Construction and Environmental Management Plan approved under
condition 9, the Biodiversity Enhancement Plan approved under condition
15, the Habitat Management and Monitoring Plan under Condition 16 and
any species or habitat management plans identified in the EIA Report, (“the
ECoW works”);
(b) require the ECoW to report to the nominated construction project manager,
developer and Planning Authority any incidences of non-compliance with
the ECoW works at the earliest practical opportunity;
(c) require the ECoW to submit a monthly report to the construction project
manager, developer and Planning Authority summarising works undertaken
on site.
(2) Prior to the decommissioning, restoration and aftercare phases of the
Development or the expiration of the operational period of the planning
permission (whichever is the earlier), details of the terms of appointment of a
suitably qualified, experienced, and independent ECoW by the Company
throughout the decommissioning, restoration and aftercare phases of the
Development shall be submitted to, and approved in writing by the Planning
Authority.

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(3) The ECoW shall be appointed on the terms approved under part (2)
throughout the decommissioning, restoration and aftercare phases of the
Development.
Reason - To secure effective and transparent monitoring of and compliance
with the environmental mitigation and management measures associated with
the Development during the construction, decommissioning, restoration and
aftercare phases.
Construction and Environmental Management Plan
9. There shall be no Commencement of Development until a Construction and (1)
Environmental Management Plan (CEMP) containing site specific details of all
on-site construction works, post-construction reinstatement, drainage and
mitigation, together with details of their timetabling, has been submitted to, and
approved in writing by, the Planning Authority. The CEMP shall be informed by
the site and ground investigation works and best practice guidance.
(2) The CEMP shall include:
(a) a site waste management plan (dealing with all aspects of waste produced
during the construction period other than peat and other carbon rich soils),
including details of contingency planning in the event of accidental release
of materials which could cause harm to the environment, evidencing
adherence with SEPA’s guidance and the requirements of the waste
management licensing regime as appropriate;
(b) details of the location, layout, formation of the construction compound,
welfare facilities, any concrete batching plant (including disposal of pH-rich
waste water and substances), any areas of hardstanding, turning areas,
internal access tracks, car parking, material stockpiles, oil, fuel and
chemical storage, lighting columns, and any construction compound
boundary fencing required for the construction period;
(c) a dust management plan detailing all mitigation/dust suppression measures
intended to reduce the impacts of dust on site, including measures to
reduce dust on roads;
(d) details of measures to be taken to prevent loose or deleterious material
being deposited on the local road network including wheel cleaning and
lorry sheeting facilities, and measures to clean the site entrances and the
adjacent local road network;
(e) a Pollution Prevention and Incident Plan incorporating a Pollution
Prevention Plan, Pollution Incident Plan and a Pollution Control Monitoring
Plan, with measures to protect watercourses, groundwater, management of
natural surface hydrological flows (flushes, springs, etc.) and protection of
peatland/soils, arrangements for the storage and management of oil and
fuel and other chemicals on the site and sewage disposal and treatment;
(f) details of soil storage and management including outline quantities,
locations (other than peat and other carbon rich soils) management of long
term storage of construction generated to facilitate future site restoration;

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(g) a drainage management strategy, demonstrating how all surface and waste
water arising during and after construction is to be managed and prevented
from impacting on the water environment and to mitigate flood risk;
(h) a surface water and groundwater management and treatment plan,
including details of the separation of clean and dirty water drains, and
location of settlement lagoons for silt laden water;
(i) details of temporary site illumination, including measures to ensure light
spill/pollution is minimised and avoids habitats within the site and does not
extend beyond the immediate working area, and not beyond the site
boundary;
(j) Protected Species Plan, informed by any protected species surveys carried
out. The Plan shall provide mitigation measures in line with Summary of
Mitigation, as required, and a timetable for implementation.
(k) details of the construction of the access into the site, including associated
drainage and the creation and maintenance of associated visibility splays;
(l) Construction Method Statements for the following: i. crane pads; ii. turbine
foundations; iii. working cable trenches; iv. erection of the wind turbines; v.
Substation compound formation, erection of associated buildings and
ancillary infrastructure; vi. all roads/tracks to be altered/formed within the
site including their width, means of drainage (which shall have regard to
SUDS principles), means of construction, and edge reinstatement including
verge width. vii. watercourse crossings including full details and plans of the
design and specification of all new and upgraded watercourse crossings to
be constructed;
(m) details of post-construction restoration/reinstatement of the working areas
not required during the operation of the Development;
(n) a tree felling and management plan;
(o) A Construction Noise Management Plan including details of the
management of noise and vibration during construction and post-
construction restoration, including that caused by construction traffic, in
accordance with BS 5228:2009 “Code of Practice for noise and vibration
control on construction and open sites – Part 1: Noise and Part 2: Vibration”
(or any updated version/document which superseded this document) and
how any properties likely to be affected by construction noise will be kept
informed;
(p) Construction Method Statements for all roads/tracks to be altered/formed
within the development site including their width, likelihood of widening or
passing places, means of drainage (which shall have regard to SUDS
principles), means of construction, and edge reinstatement including verge
width. The specification shall be accompanied by relevant plans at a scale
sufficient;
(q) the cable trenches;
(r) A phasing plan for the construction works; and
(s) A written scheme which details the methodology for dealing with any
revisions to any of the documents required under this part (2). Any revised
documents will require to be submitted to and approved in writing by the
Planning Authority prior to the revisions being implemented on site.

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(3) The Development shall be implemented in accordance with the CEMP
approved under part (1) unless otherwise approved in advance in writing by the
Planning Authority.
Reason - To ensure that all construction operations are carried out in a manner
that minimises their impact on road safety, amenity and the environment, and
that the mitigation measures contained in the EIA Report
Borrow Pits – Scheme of Works
10. There shall be no Commencement of Development until a scheme for the
working and restoration of each borrow pit forming part of the Development has
been submitted to, and approved in writing by, the Planning Authority. The
scheme shall provide:
(a) detailed working method statement based on site survey information and
ground investigations;
(b) details of the handling of any overburden (including peat, soil and rock);
(c) drainage measures, including measures to protect and manage surrounding
are-as of peatland, water dependent sensitive habitats and ground water
de-pendent terrestrial ecosystems from drying out;
(d) a programme of implementation of the works described in the scheme; and
(e) outline details of the reinstatement, restoration and aftercare of the borrow
pit(s) to be undertaken at the end of the construction period, including
topographic surveys of pre-construction profiles and details of topographical
surveys to be undertaken of the restored borrow pit profiles.
The scheme approved shall thereafter be implemented in full following
Commencement of Development.
Reason - To ensure that excavation of materials from the borrow pit(s) is carried
out in a manner that minimises the impact on amenity and the environment, and
to secure the restoration of borrow pit(s) at the end of the construction period.
Borrow Pits – Blasting
11. No blasting shall take place until a scheme specifying blast monitoring locations
is submitted to and approved in writing by the Planning Authority.
Ground vibration from blasting shall not exceed a peak particle velocity of
6mm/second at the blasting monitoring locations approved in the scheme.  The
measurement is to be the maximum of three mutually perpendicular directions
taken at the ground surface.
Unless otherwise approved in writing in advance by the Planning Authority, any
blasting activities will be limited to Monday to Friday 07:00 to 18:00 and 07:00 to
13:00 on Saturdays, with no blasting taking place on a Sunday or on a Public
Holiday.

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The scheme shall be implemented as approved.
Reason - To ensure that blasting activity is carried out within defined parameters
and timescales to control impact on amenity.
Construction Hours
12. Construction work shall only take place between the hours of 07.00 to 19.00 on
Monday to Friday inclusive and 07.00 to 16.00 on Saturdays, with no
construction work taking place on a Sunday or Public Holiday. Outwith these
specified hours, maintenance works, emergency works and construction works
shall be limited to concrete pours, wind turbine erection, dust suppression, and
the testing of plant and equipment, unless otherwise approved in advance in
writing by the Planning Authority.
HGV movements (excluding abnormal loads) to or from the site during
construction of the wind farm shall be limited to 07.00 to 19.00 Monday to Friday
(inclusive), and 07.00 to 16.00 on Saturdays, with no HGV movements to or from
site taking place on a Sunday or Public Holiday.  Outwith these hours HGV
movements are to be limited to wind turbine delivery (unless otherwise approved
in advance in writing by the Planning Authority).
Reason - In the interests of local amenity.
Construction Traffic Management Plan
13. There shall be no Commencement of Development until Construction Traffic
Management Plan (CTMP) has been submitted to, and approved in writing, by
the Planning Authority.  The CTMP shall provide:
(a) restriction of construction traffic to approved routes and the measures to be
put in place to avoid other routes being used;
(b) timing of construction traffic to minimise impact on local communities
particularly at school start and finishing times, on days when refuse
collection is undertaken, on Sundays and during local events;
(c) a code of conduct for HGV drivers to allow for queuing traffic to pass;
(d) arrangements for liaison with the Roads Authority regarding winter
maintenance;
(e) emergency arrangements detailing communication and contingency
arrangements in the event of vehicle breakdown;
(f) arrangements for the cleaning of wheels and chassis of vehicles to prevent
material from construction sites associated with the development being
deposited on the road;
(g) arrangements for cleaning of roads affected by material deposited from
construction sites associated with the development;
(h) arrangements for signage at site accesses and crossovers and on roads to
be used by construction traffic in order to provide safe access for
pedestrians, cyclists and equestrians;
(i) details of information signs to inform other road users of construction traffic;

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(j) arrangements to ensure that access for emergency service vehicles are not
impeded;
(k) co-ordination with other significant developments known to use roads
affected by construction traffic;
(l) traffic arrangements in the immediate vicinity of temporary construction
compounds;
(m) the provision and installation of traffic counters at the applicant's expense at
locations to be agreed prior to the commencement of construction;
(n) monitoring, reporting and implementation arrangements;
(o) arrangements for dealing with non-compliance; and
(p) details of HGV movements to and from the site. 
The CTMP as approved shall be strictly adhered to during the entire site
construction programme.
Reason - In the interest of proper site management.
Vehicular Access
14. There shall be no Commencement of Development until a detailed design
showing the accommodation works to facilitate the construction of the
development for the C468 public road is submitted for written approval.  The
detailed design will include the following:
(a) Road widening scheme from A9 to access track at Carim Lodge;
(b) Junction from the public road network to the development site;
(c) Road drainage; and
(d) Junction layouts for the turbine route from A9 to C468 avoiding the tight
turn.
The approved design shall thereafter be implemented in full, prior to the
construction works commencing on site.
Reason - In the interests of road safety to accommodate access to the site.
Habitat Management and Monitoring Plan
15. There shall be no Commencement of Development until a Habitat Management
Plan (HMP) taking account of the Outline Habitat Management Plan (Technical
Appendix 8.4 of the EIA Report), has been submitted to, and approved in writing
by the Planning Authority.
The HMP shall set out proposed habitat management of the site during the
period of construction, operation, and decommissioning, restoration and
aftercare, and shall provide for the maintenance, monitoring and reporting of
habitat on site.
The HMP shall provide provision and details for regular monitoring and review to
be undertaken against the HMP objectives and reasonable measures for

Page 28

securing amendments or additions to the HMP in the event that the HMP
objectives are not being met.
Until otherwise approved in advance in writing by the Planning Authority, the
approved HMP (as amended from time to time with written approval of the
Planning Authority) shall be implemented in full in line with the timescales set out
in the approved plan.
Reason - In the interests of good land management and the protection of
habitats.
Programme of Archaeological Works
16. Development shall not commence until the developer has secured the
implementation of a programme of archaeological work in accordance with a
Written Scheme of Archaeological Investigation (WSI) which has been submitted
by the developer and agreed in writing by the Council as Planning Authority, in
consultation with Perth and Kinross Heritage Trust (PKHT).  Thereafter, the
developer shall ensure that the programme of archaeological works is fully
implemented including that all excavation, preservation, recording, recovery,
analysis, publication and archiving of archaeological resources within the
development site is undertaken.  Should the archaeological works, as required by
the WSI, identify a requirement for post-excavation analysis, the development as
approved shall not be occupied or brought into use until a Post-Excavation
Research Design (PERD) has been submitted to and agreed in writing by the
Council as Planning Authority, in consultation with PKHT.  The PERD shall be
carried out in complete accordance with the approved details.  Furthermore, the
developer shall afford access at all reasonable times to PKHT or a nominated
representative and shall allow them to observe work in progress.
Reason - To ensure the protection or recording of archaeological features on
the site.
Operational Noise (Turbines)
17. (1) The rating level of noise immissions from the combined effects of the wind
turbines forming part of the development (including the application of any tonal
penalty) when determined in accordance with the attached Guidance Notes for
this condition, shall not exceed 35dB measured as LA90 at any occupied
dwelling.  This noise limit should be applied at all times and in all wind conditions.
(2) The turbines shall be designed to permit individually controlled operation or
shut down at specified wind speeds and directions in order to facilitate
compliance with noise criteria.
(3) The Company shall continuously log power production, wind speed and wind
direction at each wind turbine all (in accordance with Guidance Notes). These
data shall be retained for a period of not less than 24 months.  The data will
include details of the mode in which each of the turbines will be operated during

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each ten minute period depending on the wind conditions in that ten minute
period.  The Company shall provide this information to the Planning Authority, in
the format set out in the Guidance Notes, within 14 days of receipt in writing of a
request to do so.
(4) Prior to the Date of First Commissioning, the developer shall have submitted
to, and received written approval of the Planning Authority of, a list of proposed
independent consultants who will undertake compliance measurements in
accordance with this condition.  Amendments to the list of approved consultants
shall be made only with the prior written approval of the Planning Authority.
(5) Within 21 days from receipt of a written request from the Planning Authority,
following a complaint to it from an occupant of a dwelling alleging noise
disturbance at that dwelling, the developer shall employ a consultant approved
by the Planning Authority in terms of part (4) above to assess the level of noise
immissions from the wind farm at the complainant’s property (or a suitable
alternative location agreed in writing by the Planning Authority).  The written
request from the Planning Authority shall set out at least the date, time and
location to which the complaint relates and any identified atmospheric
conditions, including wind direction, and include a statement as to whether, in
the opinion of the Planning Authority, the noise giving rise to the complaint
contains or is likely to contain a tonal component.
(6) The assessment of the rating level of noise immissions in terms of part (5)
above shall be undertaken in accordance with the Guidance Notes and an
assessment protocol that shall previously have been submitted to and approved
in writing by the Planning Authority.  The protocol shall include the proposed
measurement location(s) where measurements for compliance checking
purposes shall be undertaken, whether noise giving rise to the complaint
contains or is likely to contain a tonal component, and also the range of
meteorological and operational conditions (which shall include the range of wind
speeds, wind directions, power generation and times of day) to determine the
assessment of rating level of noise immissions.  The proposed range of
conditions shall be those which prevailed during times when the complainant
alleges there was disturbance due to noise, having regard to the written request
of the Planning Authority under paragraph (5) above.
(7) Where the property to which a complaint is related is not listed by name or
location in Table 1 at part (1) of this condition, the Company shall submit to the
Planning Authority, for its written approval, proposed noise limits selected from
those listed in Table 1 to be adopted at the complainant’s property for
compliance checking purposes, prior to compliance checking.  The proposed
noise limits are to be those limits selected from Table 1 specified for a listed
location which the independent consultant considers as being likely to
experience the most similar background noise environment to that experienced
at the complainant’s property.  The protocol shall include a justification of the
choice of the representative background levels to determine compliance at the
complainant’s property.  The resultant noise limits selected shall include, where

Page 30

appropriate, any limit apportionment to account for consented levels from
cumulative wind farm developments.
(8) The rating level of noise immissions resulting from the combined effects of
the wind turbines when determined in accordance with the Guidance Notes and
approved Noise Assessment Protocol shall not exceed the noise limits
approved in writing by the Planning Authority for the complainant’s property.
(9) In the event that a complainant does not allow the Company access to
undertake a compliance assessment, the assessment protocol shall set out
details of the proposed alternative representative measurement position, prior to
the commencement of measurements, and the measurements shall be
undertaken at the approved alternative representative measurement location.
(10) The Company shall provide to the Planning Authority the independent
consultant’s assessment of the rating level of noise immissions undertaken in
accordance with the Guidance Notes and the approved Noise Assessment
Protocol within two months of the date of the written request of the Planning
Authority for compliance measurements to be made under part (5), unless the
time limit is extended in writing by the Planning Authority.  The assessment shall
include all data collected for the purposes of undertaking the compliance
measurements, such data to be provided in the format set out in the Guidance
Notes.  The instrumentation used to undertake the measurements shall be
calibrated in accordance with the Guidance Notes and certificates of calibration
shall be submitted to the Planning Authority with the independent consultant’s
assessment of the rating level of noise immissions.
(11) Where a further assessment of the rating level of noise immissions from the
wind farm is required pursuant to (in accordance with the Guidance Notes), the
Company shall submit a copy of the further assessment within 21 days of
submission of the independent consultant’s assessment pursuant to part (8)
above unless the time limit has been extended in writing by the Planning
Authority.
Reason - to protect nearby residents from undue noise and disturbance and to
ensure that noise limits are not exceeded and to enable prompt investigation of
complaints.
Guidance Notes for Operational Noise Condition
These notes are to be read with and form part of the noise condition.  They
further explain the condition and specify the methods to be employed in the
assessment of complaints about noise immissions from the wind farm.  The
rating level at each integer wind speed is the arithmetic sum of the wind farm
noise level as determined from the best-fit curve described in Guidance Note 2
of these Guidance Notes and any tonal penalty applied in accordance with
Guidance Note 3.  Reference to ETSU-R-97 refers to the publication entitled
“The Assessment and Rating of Noise from Wind Farms” (1997) published by
the Energy Technology Support Unit (ETSU) for the Department of Trade and

Page 31

Industry (DTI). IOA GPG is “A Good Practice Guide to the Application of ETSU-
R-97 for the Assessment and Rating of Wind Turbine Noise” (2013) and
includes Supplementary Guidance Notes 1 to 5 of the IOA GPG.
Guidance Note 1
(a) (The LA90,10 minute noise statistic should be measured in accordance
with the IOA GPG. Measurements shall be undertaken in such a manner
to enable a tonal penalty to be applied in accordance with Guidance Note
3.
(b) To enable compliance with the conditions to be evaluated, the Company
shall continuously log arithmetic mean wind speed in metres per second
and wind direction in degrees from north for each turbine and arithmetic
mean power generated by each turbine, all in successive 10-minute
periods.  All 10 minute periods shall commence on the hour and in ten
minute increments thereafter, synchronised with Universal Coordinated
Time (UTC).  The wind speeds at turbine hub height shall be 'standardised'
to a reference height of ten metres as described in ETSU-R-97 at page
120 using a reference roughness length of 0.05 metres.  Unless an
alternative procedure is previously agreed in writing with the Planning
Authority, it is these standardised ten metre height wind speed data which
are correlated with the noise measurements determined as valid.
(c) Data provided to the Planning Authority in accordance with the noise
condition shall be provided in comma separated values in electronic format
unless otherwise agreed in writing with the Planning Authority.
(d) A data logging rain gauge shall be installed in the course of the
assessment of the levels of noise immissions.  The gauge shall record
over successive 10-minute periods synchronised with the periods of data
recorded in accordance with Note 1(b).
Guidance Note 2
(a) The noise measurements shall be made so as to provide not less than 20
valid data points as defined in Guidance Note 2 (b)
(b) Valid data points are those measured in the conditions specified in the
agreed written protocol, but excluding any periods of rainfall measured in
the vicinity of the sound level meter.  Rainfall shall be assessed by use of a
rain gauge that shall log the occurrence of rainfall in each 10 minute period
concurrent with the measurement periods set out in Guidance Note 1.  In
specifying such conditions the Planning Authority shall have regard to
those conditions which prevailed during times when the complainant
alleges there was disturbance due to noise or which are considered likely
to result in a breach of the limits.
(c) For those data points considered valid in accordance with Guidance Note
2(b), values of the LA90,10 minute noise measurements and
corresponding values of the 10- minute 10- metre height wind speed
averaged across all operating wind turbines using the procedure specified
in Guidance Note 1(d), shall be plotted on an XY chart with noise level on
the Y-axis and the 10- metre height mean wind speed on the X-axis.  A

Page 32

least squares, “best fit” curve of an order deemed appropriate by the
independent consultant (but which may not be higher than a fourth order)
should be fitted to the data points and define the wind farm noise level at
each integer speed.
Guidance Note 3
(a) Where, in accordance with the protocol, noise immissions at the location or
locations where compliance measurements are being undertaken contain
or are likely to contain a tonal component, a tonal penalty is to be
calculated and applied using the following rating procedure.
(b) For each 10 minute interval for which LA90,10 minute data have been
determined as valid in accordance with Guidance Note 2 a tonal
assessment shall be performed on noise immissions during 2 minutes of
each 10 minute period. The 2 minute periods should be spaced at 10
minute intervals provided that uninterrupted uncorrupted data are available
(“the standard procedure”).  Where uncorrupted data are not available, the
first available uninterrupted clean 2 minute period out of the affected
overall 10 minute period shall be selected. Any such deviations from the
standard procedure, as described in Section 2.1 on pages 104-109 of
ETSU-R-97, shall be reported.
(c) For each of the 2 minute samples the tone level above or below audibility
shall be calculated by comparison with the audibility criterion given in
Section 2.1 on pages 104-109 of ETSU-R-97.
(d) The tone level above audibility shall be plotted against wind speed for
each of the 2 minute samples.  Samples for which the tones were below
the audibility criterion or no tone was identified, a value of zero audibility
shall be used.
(e) The average tone level above audibility shall be calculated for each wind
speed bin, each bin being 1 metre per second wide and centred on integer
wind speeds.  This process shall be repeated for each integer wind speed
for which there is an assessment of overall levels in Note 2.
(f) The tonal penalty is derived from the margin above audibility of the tone
according to the figure below.

Page 33

Guidance Note 4
(a) If a tonal penalty is to be applied in accordance with Guidance Note 3 the
rating level of the turbine noise at each wind speed is the arithmetic sum of
the measured noise level as determined from the best fit curve described in
Guidance Note 2 and the penalty for tonal noise as derived in accordance
with Guidance Note 3 at each integer wind speed within the range specified
by the Planning Authority in its written protocol.
(b) If no tonal penalty is to be applied then the rating level of the turbine noise
at each wind speed is equal to the measured noise level as determined from
the best fit curve described in Guidance Note 2.
(c) In the event that the rating level is above the limit(s) set out in the Table
attached to the noise conditions or the noise limits for a complainant’s
dwelling, the independent consultant shall undertake a further assessment
of the rating level to correct for background noise so that the rating level
relates to wind turbine noise immission only.
(d) The Company shall ensure that all the wind turbines in the development are
turned off for such period as the independent consultant requires to
undertake the further assessment.  The further assessment shall be
undertaken in accordance with the following steps:
(e) Repeating the steps in Guidance Note 2, with the wind farm switched off,
and determining the background noise (L3) at each integer wind speed
within the range requested by the Planning Authority in its written request
and the approved protocol.
(f) The wind farm noise (L1) at this speed shall then be calculated as follows
where L2 is the measured level with turbines running but without the
addition of any tonal penalty:
(g) The rating level shall be re-calculated by adding arithmetically the tonal
penalty (if any is applied in accordance with Note 3) to the derived wind
farm noise L1 at that integer wind speed.
(h) If the rating level after adjustment for background noise contribution and
adjustment for tonal penalty (if required in accordance with note 3 above) at
any integer wind speed lies at or below the values set out in the Table
attached to the conditions or at or below the noise limits approved by the
Planning Authority for a complainant’s dwelling in accordance with the noise
condition then no further action is necessary.  If the rating level at any
integer wind speed exceeds the values set out in the Table attached to the
conditions or the noise limits approved by the Planning Authority for a
complainant’s dwelling in accordance with the noise condition then the
Development fails to comply with the conditions.
Noise (BESS and Substation)
18. All plant or equipment associated with the BESS and substation shall be so
enclosed, attenuated and/or maintained such that any noise therefrom shall not

Page 34

exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 20
between 2300 and 0700 hours daily, within any nearby residential property, with
all windows slightly open, when measured and/ or calculated and plotted on a
rating curve chart.
In the event that justified complaints for noise are received by the Council, the
applicant at their own expense, shall employ an independent and suitably
qualified consultant to carry out a Noise Assessment of the development. The
appointed consultant and methodology for the Noise Assessment shall be
submitted to and approved in writing by the Planning Authority in consultation
with Environmental Health within 28 days of being notified of the complaint. 
Within 28 days of approval of appointed consultant and methodology, a Noise
Assessment shall be submitted outlining mitigation and recommended timescales
for delivery.  Thereafter, all mitigation measures shall be implemented within the
timescales recommended.
Reason - In the interests of protecting residential amenity.
Access Management Plan
19. There shall be no Commencement of Development until an Access Management
Plan (AMP) has been submitted to and approved in writing by the Planning
Authority.  The AMP should ensure that, where appropriate and subject to health
and safety requirements, public access is maintained across the Development
site during construction, and thereafter that existing wider rights of public access
are maintained during the operational phase of the wind farm.
The approved plan shall be implemented in full.
Reason - In the interests of securing public access rights
Private Water Supplies
20. There shall be no Commencement of Development until a private water supplies
method statement has been submitted to and approved in writing by the Planning
Authority, detailing all contingent mitigation measures to be delivered to secure
the quality, quantity and continuity of water supplies to any properties which are
served by private water supplies at the date of this planning permission which
may be affected by the Development.
The method statement shall set out:
(a) details of the methodology for water quality and quantity sampling for a
period of 12 months prior to construction (including abstraction points);
(b) details of the methodology and programme for undertaking water quality
and quantity sampling during the construction period (including abstraction
points); and
(c) details of the methodology for water quality and quantity sampling for a
period of 12 months post construction (including abstraction points);

Page 35

The approved method statement shall thereafter be implemented in full upon the
Commencement of Development.
Reason - To maintain a secure and adequate water supply to all properties with
private water supplies that may be affected by the Development.
Redundant Turbines
21. If one or more wind turbines fails to generate electricity on a commercial basis to
the public network for a continuous period of 12 months, then the turbine or
turbines shall be deemed to be surplus to requirement and the developer shall:
(a) within one month of the expiration of the 12 month period, submit a scheme
to the Planning Authority for written approval setting out how and when the
relevant wind turbine(s) and associated infrastructure will either be repaired
or removed from the site and the ground restored to a condition agreed with
the Planning Authority; and
(b) implement the approved scheme to the timescales set out in the scheme
and agreed in part a) above.
Reason - To ensure that any redundant wind turbine is removed from site, in the
interests of safety, amenity and environmental protection.
Interim Decommissioning, Restoration and Aftercare Strategy
22. There shall be no Commencement of Development until an Interim
decommissioning, restoration and aftercare strategy has been submitted to, and
approved in writing by, the Planning Authority.  The interim decommissioning,
restoration and aftercare strategy shall outline measures for the
decommissioning of the Development and restoration and aftercare of the site,
and shall provide proposals for the removal of the Development, the treatment of
ground surfaces, the management and timing of the works and environmental
management provisions in any instance that the site as a whole, or in part,
ceases to operate prior to the approval of the Decommissioning, Restoration and
Aftercare Plan required under the provisions of condition 23.
Reason - To ensure the decommissioning and removal of the Development in an
appropriate and environmentally acceptable manner and the restoration and
aftercare of the site, in the interests of safety, amenity and environmental
protection when a detailed decommissioning, restoration and aftercare Plan has
not yet been approved.
Site Decommissioning, Restoration and Aftercare
23. The Development shall cease to generate electricity to the grid network by no
later than the date falling 40 years from the Date of Final Commissioning.
No later than one year prior to the Date of Final Generation or the expiry of the
planning permission (whichever is earlier) a decommissioning, restoration and

Page 36

aftercare plan shall be submitted for the written approval of the Planning
Authority.  The detailed decommissioning, restoration and aftercare plan shall
provide updated and detailed proposals, in accordance with relevant guidance at
that time, for the removal of the Development, the treatment of ground surfaces,
the management and timing of the works and environment management
provisions which shall provide:
(a) a site waste management plan (dealing with all aspects of waste produced
during the decommissioning, restoration and aftercare phases and,
including de-tails of measures to be taken to minimise waste associated
with the Development and promote the recycling of materials and
infrastructure components);
(b) details of the formation of any temporary infrastructure required for
decommissioning such as compounds, welfare facilities, any areas of hard-
standing, material stockpiles, oil storage, lighting columns, and any
boundary fencing;
(c) a dust management plan;
(d) details of measures to be taken to prevent loose or deleterious material
being deposited on the local road network, including wheel cleaning and
lorry sheeting facilities, and measures to clean the site entrances and the
ad-jacent local road network;
(e) a pollution prevention and control method statement, including
arrangements for the storage and management of oil and fuel on the site;
(f) details of measures for soil storage and management;
(g) a surface water and groundwater management and treatment plan,
including details of the separation of clean and dirty water drains, and
location of settlement lagoons for silt laden water;
(h) details of measures for sewage disposal and treatment;
(i) temporary site illumination; and
(j) a species protection plan if surveys (carried out no longer than eighteen
months prior to submission of the plan) identify any protected species
(including birds).
The Development shall be decommissioned, the site restored and aftercare
undertaken prior to the date falling three years after the Date of Final Generation
and in accordance with the approved detailed decommissioning, restoration and
aftercare plan.
Reason - To ensure the decommissioning and removal of the Development in an
appropriate and environmentally acceptable manner and the restoration and
aftercare of the site, in the interests of safety, amenity and environmental
protection.
Financial Guarantee
24. There shall be no commencement of development until a bond or other form of
financial guarantee (hereafter “financial guarantee”) in terms which secures the
cost of performance of all decommissioning, restoration and aftercare obligations

Page 37

referred to in conditions 22 and 23 has been submitted to and approved in writing
by the Planning Authority.
The value of the financial guarantee shall be agreed between the developer and
the Planning Authority or, failing agreement, determined (on application by either
party) by a suitably qualified independent professional as being sufficient to meet
the costs of all decommissioning, restoration and aftercare obligations referred to
in conditions 22 and 23.
The financial guarantee shall be maintained in favour of the Planning Authority
until the completion of all decommissioning, restoration and aftercare obligations
referred to in conditions 22 and 23.
The value of the financial guarantee shall be reviewed by agreement between
the developer and the Planning Authority or, failing agreement, determined (on
application by either party) by a suitably qualified independent professional not
less than every five years, and at the time of the approval of the detailed
decommissioning, restoration and aftercare plan approved under condition 23.
The value of the financial guarantee shall be increased or decreased to take
account of any variation in costs of compliance with decommissioning,
restoration and aftercare obligations referred to in conditions 22 and 23.
Reason - To ensure that there are sufficient funds to secure performance of the
decommissioning, restoration and aftercare conditions attached to this deemed
planning permission in the event of default by the developer.
Justification
The proposal is in accordance with the Development Plan and there are no
material reasons which justify departing from the Development Plan.
Procedural Notes
Any permission shall not to be issued until a Section 75 Agreement or a bond as
required by condition 24 has been signed and registered to take account of this
application.  The legal agreement or bond should be concluded and completed
within 4 months of the date of any decision.
Informatives
1. Prior to the commencement of works, a maintenance agreement under Section
96 of the Roads (Scotland) Act 1984 shall be entered into. Confirmation of this
agreement being in place shall be provided to the Council, as Planning Authority,
a minimum of four weeks prior to the commencement of development.  The
maintenance agreement shall be in respect of the C468.
These roads shall be inspected on a regular basis and repairs carried out to the
timescale and standards specified by the Council as Roads Authority to the
satisfaction of Perth & Kinross Council.

Page 38

2. The applicant should be advised that in terms of Section 56 of the Roads
(Scotland) Act 1984 they must obtain from the Council as Roads Authority
consent to open an existing road or footway prior to the commencement of
works.  Advice on the disposal of surface water must be sought at the initial
stages of design from Scottish Water and the Scottish Environment Protection
Agency.
3. The applicant is advised that, in terms of Sections 109 of the New Roads and
Street Works Act 1991, he/she/they must obtain consent from the Council, to
place, maintain or adjust apparatus in, or under a Road or remove apparatus
from a road.  Application forms are available at
https://www.pkc.gov.uk/article/14916/Road-and-footway-permits.
4. The applicant should be advised that in terms of Section 21 of the Roads
(Scotland) Act 1984 they must obtain from the Council as Roads Authority
consent to construct a new road prior to the commencement of roadworks. 
Advice on the disposal of surface water must be sought at the initial stages of
design from Scottish Water and the Scottish Environment Protection Agency. 
Please note that a fee is chargeable for the processing of RCC applications.
5. Trees and scrub are likely to contain nesting birds between 1st March and 31st
August inclusive.  Trees and scrub are present on the application site and are to
be assumed to contain nesting birds between the above dates.  The applicant is
reminded that, under the Wildlife and Countryside Act 1981, as amended
(Section 1), it is an offence to remove, damage or destroy the nest of any wild
bird while that nest is in use or being built.  Planning permission for a
development does not provide a defence against prosecution under this Act.
6. The applicant is advised that any proposed signage will require a further
application to be submitted for advertisement consent unless it benefits from
express consent as per the Town and Country Planning (Control of
Advertisements) (Scotland) Regulations 1984.
7. The applicant is advised that the granting of planning permission does not
guarantee right of access to the site.  This should be agreed with the relevant
landowner(s) prior to the commencement of the development.
8. This application was varied prior to determination, in accordance with the terms
of Section 32A of the Town and Country Planning (Scotland) Act 1997, as
amended.  The variations incorporate changes to the number and design of
turbines.
9. Please remember that the granting of planning permission, listed building
consent or other associated consent by the Planning Authority does not affect the
responsibility of the developer to ensure all other necessary permissions,
consents and approvals are in place prior to commencement of works. 
Developers should also ensure appropriate accommodations are made in
respect of services and third party infrastructure and may wish to check

Page 39

proposals against the information held at
https://www.linesearchbeforeudig.co.uk/.
10. The applicant shall ensure the private water supply for the development complies
with the Water Scotland Act 1980 (Section 63) and the Private Water Supplies
(Scotland) Regulations 2006.  Detailed information regarding the private water
supply, including the nature, location and adequacy of the source, any storage
tanks/ pipework and the filtration and disinfection treatment proposed to ensure
provision of an adequate and consistently wholesome water supply shall be
submitted to Perth and Kinross Council Environmental Health in line with the
above act and regulations.
Authors
Name Designation Contact Details
Alex Gudgeon Planning Officer
(Majors)
developmentmanagement@pkc.gov.uk
Approved
Name Designation Date
Sean Panton Team Leader (Major Applications and
Enforcement)
28 January 2026