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25/01836/Flm

Perth and Kinross Council · 8 July 2026
Back to Planning and Placemaking Committee — 8 July 2026 and its agenda

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Perth and Kinross Council 
Planning and Placemaking Committee - 8 July 2026 
Report of Handling by Development Management and Building Standards Service
Manager
(Report No. 26/203) 
Proposal: Formation of a 39MW solar farm comprising ground-mounted solar PV
array, battery energy storage system (BESS), a substation, inverters,
transformers, welfare containers, fencing, CCTV cameras, vehicular
access and associated works 
Location: Land 890 metres east of The Byre, Balvaird Farm, Strathmiglo, KY14 7SR 
Ref. No: 25/01836/FLM 
Ward No: P9 - Almond and Earn 
Summary 
This report recommends approval of the proposed solar farm and BESS as the
development is considered to comply with the relevant provisions of the Development
Plan and there are no material considerations apparent which outweigh the
Development Plan. 
The proposed solar farm and associated BESS are considered to provide positive
renewable energy benefits whilst impacts on biodiversity, landscape, visual and
residential amenity, improvements to access, drainage, water supplies, natural heritage,
archaeology/heritage assets and loss of agricultural land are acceptable in the context or
can be mitigated. 
Background and Description of Proposal 
1. The proposals relate to land some 4km north-west of Strathmiglo and 5km north-
east of Glenfarg. The site extends to circa (c.) 58.85 hectares (ha). The landform
is gently sloping, with elevation varying c.245m above ordinance datum (AOD) at
the eastern edge to c.205m in the south-west part. 
2. The site is currently used for rough grazing and growing of arable crops. The
Scotland Soils website indicates that the soils therein are Agricultural Land
Capability (ALC) Class 4.1 (land capable of producing a narrow range of crops)
in the eastern part and Class 5.1 (land capable of high-quality grassland) to the
west. The site is c.1km south-east of the Binn Eco Park. Access is from the west
via Millden Road, which connects to the A912. There are no other recognised

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walking routes, rights of way, or core paths in the immediate vicinity. Otherwise,
there are some residential properties in the vicinity, the closest being
Gamekeeper’s Cottage (c.140m to the north of the NE corner of the site), a small
group of houses at Balvaird (to the west) and which are along side the Millden
Road.  Ther are also the small settlements of Glentarkie (to the southeast) and
Pittuncarty (a little further southeast). The closest designated heritage asset is
the Category ‘C’ listed Balvaird Farmhouse, to the west off Millden Road. 
3. There are no watercourses running through the site. In landscaping terms a
stand of coniferous woodland sits beyond the northern boundary, but there are
no trees within the site itself. Neither are there any designated ecological sites
within the site boundaries, however there are two Special Protection Areas
(SPAs) and Ramsar sites designated for pink-footed goose within 10 km. The
site is considered within core foraging distance for these geese and thus there is
a possible functional link with these European/international sites. 
4. The area is considered a fringe upland landscape characterised within the
immediate wider context by agricultural buildings, there is also an off-road driving
centre, and the industrial buildings and activity at Binn Eco-Park. 
5. The non-statutory landscape designation is the Ochil Hills Local Landscape Area
(LLA), with the Lomond Hills LLA 2.7 km to the south-west. No Abnormal
Indivisible Load Vehicles (AILVs) will be needed to deliver components to the
proposed development. 
Site History 
6. 25/00007/PAN A Proposal of Application Notice (PoAN) was submitted on 3 June
2025 for the installation of a 39MW solar farm comprising ground mounted solar
array, battery energy storage system (BESS), vehicular access and associated
works. The notice was considered sufficient and the consultation proposals
accepted. 
7. 25/00009/PAN A further PoAN was submitted on 19 June 2025 in relation to the:
Installation of a 39MW solar farm comprising ground mounted solar array, battery
energy storage system (BESS), vehicular access and associated works. The
notice was considered sufficient and the consultation proposals accepted. 
8. 25/01164/SCRN- A Screening Request was received and an Opinion issued by
the Council on 3 September 2025 relating to - Binn Farm, Proposed Solar and
BESS. Opinion – the proposals are not EIA development. 
9. 25/00007/PAN - received on 3 June 2025 for the Installation of a 39MW solar
farm comprising ground mounted solar array, battery energy storage system
(BESS), vehicular access and associated works. The notice was considered
sufficient and the consultation proposals accepted.

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10. 25/00009/PAN- received on 19 June 2025 for the installation of a 39MW solar
farm comprising ground mounted solar array, battery energy storage system
(BESS), vehicular access and associated works. The notice was considered
sufficient and the consultation proposals accepted. 
Environmental Impact Assessment 
11. As noted above an EIA Screening has been undertaken and an Opinion issued
by the Council. The proposal is a Schedule 2 Development in terms of the Town
and Country Planning (Environmental Impact Assessment) (Scotland)
Regulations 2017. In the case of these regulations, planning permission cannot
be granted to “EIA development” unless an environmental impact assessment
has been undertaken. The Screening Opinion (Planning Ref: 25/01164/SCRN)
was issued by PKC on 3 September 2025 which confirmed that the application
would not require to be accompanied by an EIA. 
12. The Council is of the opinion that it does not constitute EIA development, and
that sufficient information has been submitted with the application to enable a
determination in consideration of all relevant environmental matters. These
environmental aspects requiring further consideration, are noise, landscape and
visual amenity, trees and biodiversity, roads and transportation and flood /
drainage matters. 
Pre-Application Consultation 
13. Pre application Reference: 25/00011/PREAPM. As a result, the proposed
application was, generally, supported. However, concerns were raised
regarding the potential impact on local heritage assets, and the necessity
for a robust and comprehensive screen planting scheme. 
14. The proposed development is classed as a Major development in terms of the
Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations
2009; therefore, the applicant was required to undertake formal pre-application
consultation with the local community. 
15. The applicant has undertaken pre-application consultation as required under
sections 35A (1) and B of the Town and Country Planning (Scotland) Act 1997 as
amended by the Planning Etc. (Scotland) Act 2006 and in compliance with the
Part 2 of the Town and Country Planning (Development Management Procedure)
(Scotland) Regulations 2013, (as amended) by the Town and Country Planning
(Pre-Application Consultation) (Scotland) Amendment Regulations 2021) 
Summary of Pre- Application Public Consultation
16.
● Glenfarg Community Council (GCC) contacted and updated regularly on the
project, including the applicant presenting to two GCC meetings.

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● Ward Councilors, the constituency and regional MSPs and the constituency
MP were all sent introductory emails with project information and offered
meetings with the applicant.
● A project website was launched on 30 May 2025
(https://www.blcenergy.com/projects/Binn/) and updated throughout the
consultation process; exhibition materials and news articles were added.
● Two public exhibitions were held at Glenfarg Community Centre. These on
25 June and 8 October 2025. The events were advertised in the local media
at least two weeks in advance and included: a description and location of the
proposed development; where to find further information; date and location of
the public event; how and when to submit comments to the applicant and a
statement that comments to the applicant were not formal representations to
Perth and Kinross Council.
• A virtual presentation was held after both public exhibitions for those who
could not attend. This was followed by question-and-answer sessions.
● An invitation flyer was delivered to 50 households, within a 2km distance of
the site, also two weeks prior to both public events.
● Feedback forms were provided at both public events, and people were also
invited to give their feedback by completing forms or online or by email.
● The first exhibition had seven pull up banners and six ‘kappa’ boards
displayed. The second exhibition had nine banners and seven boards. A 3D
model was also available at each public exhibition, showing a clear visual of
the solar panels in situ.
● A poster was sent to the local shop in Glenfarg.
● The project team responded to requests for information submitted by email
throughout the consultation and attended all the public and online events. 
Development Plan 
17. 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 
18. 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. 
19. 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

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• Policy 5: Soils
• Policy 6: Forestry, Woodland and Trees
• Policy 7: Historic Assets and Places
• Policy 11: Energy
• Policy 12: Zero Waste
• Policy 14: Design, Quality and Place
• Policy 29: Rural Development 
Perth and Kinross Local Development Plan 2019 
20. 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. 
21. The principal relevant policies are: 
• Policy 1A: Placemaking
• Policy 1B: Placemaking
• Policy 2: Design Statements
• Policy 6: Settlement Boundaries
• Policy 8: Rural Business and Diversification
• Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments
• Policy 33A: Renewable and Low Carbon Energy: New Proposals for
Renewable and Low-Carbon Energy
• Policy 35: Electricity Transmission Infrastructure
• Policy 39: Landscape
• Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and
Development
• Policy 41: Biodiversity
• Policy 50: Prime Agricultural Land
• Policy 51: Soils
• Policy 52: New Development and Flooding
• Policy 53A: Water Environment and Drainage: Water Environment
• Policy 55: Nuisance from Artificial Light and Light Pollution
• Policy 56: Noise Pollution
• Policy 60B: Transport Standards and Accessibility Requirements: New
Development Proposals 
Statutory Supplementary Guidance
22.
• Supplementary Guidance - Flood Risk and Flood Risk Assessments
(adopted in 2021)
• Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020)
• Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020)
• Supplementary Guidance - Landscape (adopted in 2020)

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Other Material Considerations 
PKC Non-Statutory Guidance
23.
• Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC
and the River Tay SAC
• Planning Guidance - Planning & Biodiversity
• Supplementary Guidance - Renewable & Low Carbon Energy (draft) 
National Guidance 
24. The Scottish Government expresses its planning policies through Planning
Notes, Creating Places, Designing Streets, National Roads Development Guide
and a series of Circulars in addition to NPF4. Those relevant are listed below. 
Planning Advice Notes 
25. The following Scottish Government Planning Advice Notes (PANs) and Guidance
Documents are of relevance to the proposal: 
• PAN 69 Planning and Building standards Advice on Flooding
• PAN 75 Planning for Transport 
Creating Places 2013 
26. Creating Places is the Scottish Government’s policy statement on architecture
and place. It sets out the comprehensive value good design can deliver. It notes
that successful places can unlock opportunities, build vibrant communities and
contribute to a flourishing economy and set out actions that can achieve positive
changes in our places. 
National Roads Development Guide 2014 
27. This document supports Designing Streets and expands on its principles and is
the technical advice that should be followed in designing and approving of all
streets including parking provision. 
Consultations 
28. As part of the planning application process the following bodies were consulted: 
External 
29. Historic Environment Scotland - No objection. Advise that it is not considered
that there will be significant adverse impacts from the proposed development on
the integrity of the setting of scheduled monuments in the vicinity.

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30. Transport Scotland - No objection. Do not advise against the granting of
permission.   
31. Friends of the Ochils - No objection. Raise concerns in relation to: impacts on
views, such as from Balvaird Castle are screened or mitigated and that HES
should be consulted; loss of agricultural land, etc.; although the proximity to Binn
Ecopark is noted and reduced the level of concern. 
32. Scottish Environment Protection Agency - No objection. Confirm that as
proposals are being considered as compliant with NPF4 Policy 22a (i) and no
land raising is proposed, the proposals fall below the threshold where SEPA
provide site specific advice. As such consideration is directed towards SEPA’s
Flood Risk Standing Advice. 
33. Dundee Airport Ltd - No objection. Advise that the position and height of
proposed development will not infringe the safeguarding criteria and operation of
Dundee Airport. 
34. Scottish Water - No objection. Advise that the applicant should be aware that
this does not confirm that the proposed development can currently be serviced.
Further guidance provided. 
35. NatureScot - No objection. It has been advised that although there are natural
heritage interests of international importance nearby, with the site offering
foraging opportunity, it is not itself an identified asset, and NatureScot’s advice is
that the natural heritage interests will not be adversely affected by the proposal.
Furthermore, although the development will result in the loss of suitable foraging
habitat, the extent of other suitable foraging fields will ensure there is no adverse
effect on the integrity of the Loch Leven Special Protection Area (SPA) and
Ramsar and Firth of Tay and Eden Estuary SPA and Ramsar. 
36. Perth and Kinross Heritage Trust (PKHT) - No objection, subject to a condition
that the details of a programme of archaeological work should be clarified within
a Written Scheme of Investigation, to be submitted to PKHT for approval. 
Internal 
37. Environmental Health (Contaminated Land) - No objection, subject to an
informative advising of process should historic ground contamination be
discovered. 
38. Environmental Health (Noise Odour) - No objection, subject to conditions
relating to potential noise and mitigation, glint and glare, external lighting,
construction working hours and the submission of a Construction Environment
Management Plan (CEMP). 
39. Environmental Health (Private Water) - No objection, subject to a condition
relating to details of any septic tanks, soakaways, private water sources and

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private water supply storage facilities. Two standard informatives are also
recommended. 
40. Transportation And Development - No objection, subject to a condition relating
to visibility splays onto the A912 and two informatives relating to site access
arrangements for the Fire and Rescue Service. 
41. Development Contributions Officer - No contributions required. 
42. Biodiversity Officer - No objection, subject to conditions relating to the
supporting Biodiversity Study, a Non – Native Species Control Plan and an
updated Biodiversity Enhancements Plan. 
43. Development Plan Team - No objection, subject to a recommended condition
relating to the details of the proposed fencing and the location of badger gates.
However, advise that no palisade fencing should be used unless absolutely
necessary, with a preference that weld mesh fencing be used. This has been
covered by the inclusion of Condition 17 
44. Planning Enforcement Officer (Trees) - No objection. Advise that the
landscape scheme has addressed issues raised and the proposed landscaping is
acceptable. 
45. Structures And Flooding - No objection, subject to an informative relating to the
Council’s supplementary flood guidance. 
Representations 
46. One letter of representation was received, seeking assurance that the proposed
screen planting will be sufficient to protect views of the site from local viewpoints. 
Additional Statements 
Screening Opinion Submitted. EIA not required 
Environmental Impact Assessment (EIA):
Environmental Report
Not required 
Appropriate Assessment under Habitats
Regulations
Habitats Regulations Appraisal
completed 
Design Statement or Design and Access
Statement
Submitted 
Report on Impact or Potential Impact e.g.
Flood Risk Assessment
Submitted 
Battery Safety Management Plan Submitted 
Landscape and Visual Assessment Submitted 
Transport Statement Submitted 
Historic Environment Desk Study Submitted

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Water Environment Appraisal Submitted 
Glint and Glare Assessment Report Submitted 
Ecological Impact Assessment Submitted 
Design and Access Statement Submitted 
Planning Statement Submitted 
Grid Connection details Submitted 
Supporting Environmental Information
Report
Submitted 
Ornithology Report Submitted 
Pre – application Consultation Report Submitted 
Appraisal 
47. Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as
amended) require the determination of the proposal to be made in accordance
with the provisions of the Development Plan, unless material considerations
indicate otherwise. The Development Plan comprises NPF4, the Perth and
Kinross Local Development Plan 2019 and statutory supplementary guidance.
The relevant policy considerations are outlined in the policy section above and
are considered in more detail below. In terms of other material considerations,
this involves considerations of the Council’s other approved policies and
supplementary guidance. 
Principle 
48. The site is in proximity to an available National Grid connection point at
Abernethy Substation, 5 km to the north-east. The Applicant advises that a grid
connection offer has been accepted for 2030. 
49. Policy considerations seeking to assess its suitability in principle are: LDP2
Policies 1A,1B: Placemaking; 8: Rural Diversification; 33A: Renewables and Low
Carbon Energy; 50: Prime Agricultural Land; and 51: Soils. The relevant NPF4
policies are Policies 1: Tackling the Climate and Nature Crises; 2: Climate
Mitigation and Adaptation; and 11: Energy. 
50. NPF4 sets out six overarching spatial principles with “Just Transition” relating to
the construction of renewable energy and their contribution to achieving net zero.
NPF4 in its section on Sustainable Places emphasises the link to Scotland’s
Climate Change Plan and sets the approach to achieving net zero emissions by
2045 and making significant progress by 2030. The NPF4 also links to Scotland’s
Energy Strategy and highlights the importance of land and sea to be critical in
delivering renewable energy developments. NPF4 provides detailed policy on
Climate Change and Energy and details developer expectations of how proposed
schemes will accord with the policies set out in the document. The overarching

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policy intent in NPF4 is to encourage, promote and facilitate all forms of
renewable energy development onshore and offshore. 
51. Policy 33A of LDP2 and Policies 1, 2 and 11 of NPF4 specifically encourage low
carbon energy solutions where specific grid connection or the use of established
infrastructure can occur. Therefore, on balance, and given the physical and
visual relationship with Binn Ecopark, as well as the availability of a grid
connection (5km away) with limited adverse impacts associated, the proposed
development can be supported in principle. Furthermore, the proposals are in
accordance with NPF4 Policy 11, and any negative impacts will be outweighed
by the long term energy benefits. However, consideration must be given to the
finite lifespan of this facility. Whilst the overall operational life will be some 40
years, limited day to day access to the site will be required, and, therefore,
operational activity impacts will be low. The predicted low level of impact
throughout the life of the development, will also enable the pre-existing land use
to resume after the life of the development has ceased. 
Design and Layout 
52. LDP2 Policy 1A: Placemaking, requires new development to positively contribute
to the quality of the surrounding built and natural environment. It further requires
development to accord with a series of place making criteria outlined in part B of
the policy. On this basis, the physical nature of the proposal in terms of design,
layout and physical characteristics must also be considered. 
53. The Proposed Development will comprise a ground-mounted solar photovoltaic
(‘PV’) array and associated infrastructure with an export capacity of up to 30 MW.
The array will comprise PV modules arranged in rows with a clearance of
approximately 1 m Above Ground Level (AGL) and a maximum height of 2.7 m
AGL. 
54. The Proposed Development also includes a BESS with an export capacity of up
to 6 MW. The BESS will store excess energy generated by the solar PV array
during periods of low demand or high generation and release it during periods of
high demand or low generation. The BESS compound will consist of
approximately 48 battery components measuring approximately 1.3 m x 1.3 m
and installed in a rows of 6.  There will be 8 rows x 6 rack containers, measuring
a maximum of 8.3 m (l) x 3.1 m (w) x 2.6 m (h). 
55. Two associated Power Conversion Systems (PCS) units will be located adjacent
to the BESS containers, to allow the batteries to switch between inverter and
charger modes. They measure approximately 9.2 m (l) x 5.3 m (w) x 2.3 m (h).
The BESS and PCS units will be located in a compound in the north-west of the
Site. 
56. The infrastructure associated with the Proposed Development will include: 
• PV module mounting frames;

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• Battery units housed in containers;
• Substations;
• Inverter cabins to convert direct current (DC) electricity into usable alternating
current (AC) power;
• Transformers;
• Underground cabling;
• Internal access tracks;
• Temporary construction compound;
• Spares container;
• CCTV cameras mounted on posts;
• Perimeter fencing;
• Site drainage; and
• Biodiversity and landscaping enhancements. 
Landscape and Visual Amenity 
57. NPF4 Policy 4: Natural Places states that development proposals which by virtue
of type, location or scale will have an unacceptable impact on the natural
environment, will not be supported. Furthermore, development proposals that are
likely to have a significant effect on an existing or proposed European site
(Special Area of Conservation or Special Protection Areas) and are not directly
connected with or necessary to their conservation management are required to
be subject to an “appropriate assessment” of the implications for the
conservation objectives. 
58. Perth and Kinross Council LDP2, Policy 39: Landscape states that development
and land use change, including the creation of new hill tracks, should be
compatible with the distinctive characteristics and features of Perth and Kinross’
landscapes. Accordingly, development proposals will be supported where they
do not conflict with the aim of maintaining and enhancing the landscape qualities
of Perth and Kinross, or the quality of landscape experience. 
59. There are no national or international landscape designations within the site.
However, the location is within the Ochil Hills Local Landscape Area (LLA). The
proposal sits on top of an undulating plateau to the south of Binn Farm, the
southern third of the site slopes towards the south. From lower elevations to the
north, the proposed development is largely obscured by topography and existing
commercial planting. 
60. Operational visual effects will be limited given the site’s location, which is
spatially remote from any sizeable residential settlements and busy travel routes.
Notable effects would be experienced by residents at Gamekeepers Cottage,
Easter Catochil, and Catochil Farm Cottage, located to the north or north-
northeast; as well as Rosiebank and MacGregor House, located to the southeast
and west. These effects would reduce over time in accordance with the
establishment of the proposed screen planting, although screening of
development in its entirety would not be possible.

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61. Based on its proximity to proposed development and views to localised parts of
the solar array in the southwestern part of the site, effects on views from Balvaird
Castle would be notable. However, the proposed landscaping scheme, which
sees an intervening buffer of woodland and scrub planting introduced, would
lessen / soften the direct adverse effect of the southern extent of the array on this
cultural heritage asset. Furthermore, neither HES nor PKHT have objected to the
proposals. 
62. In this instance, a Landscape and Visual Impact Assessment (LVA) has been
submitted, which identified the potential landscape and visual effects that would
occur. A 3 km radius Study Area was been adopted, informed by analysis of
Zone of Theoretical Visibility (ZTV) maps and an early appraisal of potential
effects. It considers that any notable landscape or visual effects would be
confined within this geographical area. The LVA concludes that there will be
moderate visual impacts on local residences while the landscape impacts will be
localised. 
63. The proposal is on the edge of the Ochil Hills LLA and will result in some loss of
natural cover and associated habitat. However, the proposed development will
have limited impact on other special qualities, given the overall distance and
existing screening from the local core paths and that there will be limited impact
on views towards the site. Although there are limited in-combination effects with
existing and other proposed developments, there is a cumulative impact on the
rural landscape character, and in particular the LLA. Such as that within Binn
Ecopark and set out below. However, the limited addition to adverse impacts on
the special qualities is considered to be outweighed by the contribution of the
proposal to the national renewable energy targets under NPF4 Policies 1, 4(d)
and 11. 
64. There is potential for landscape and visual effects on a number of landscape and
visual receptors including residential properties, designated assets and
landscape character. However, the advantages of the site location from a
landscape and visual perspective are that it: 
• Is located away from most visual receptors, such a residential, with the
closest receptors being a small number of properties to the north-east and
south.
• It takes advantage of the existing screening along the northern boundary in
placing the BESS further away from residential receptors and in a well
screened location behind the woodlands.
• The additional landscaping proposals within the Landscape Enhancement
and Mitigation Plan (LEMP) (Annex D of the LVA Report) would be beneficial
to the landscape fabric of the local and wider area. 
65. The proposed development will introduce industrial elements to a rural
environment, However, the nearby Binn Ecopark is an existing large-scale waste
management complex that exerts a notable characterising influence across the

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local landscape. This facility comprises of three large wind turbines, an array of
existing buildings; structures; storage areas; and associated infrastructure
elements / access, all of which is visible from local viewpoints and which has had
an adverse impact on the local landscape character and appearance. In light of
this, and given the scale of the Ecopark, it is not considered that the proposed
development would be out – of- keeping with the character and appearance of
the wider area, particularly to the north. 
66. Furthermore, the siting and design of the proposed development has been
sensitive to the local landscape context and utilises existing screening and
landscape topography to minimise landscape and visual effects through project
design and mitigation. Given the elevated nature of the site and its existing
context, blanket boundary mitigation planting of trees was not deemed an
appropriate option. 
67. Considered and sensitive landscape solutions have been proposed, which will
soften direct and indirect adverse impacts on identified sensitive receptors. The
proposed landscaping / planting will also be of benefit to local and wider habitats
by introducing biodiversity, which will, in turn, result in a reduction in more
intensive grazing and land management. 
68. In addition, the location of the BESS is well screened. Existing external roads
and tracks allow for minimal disruption outside of the site boundary, while new
internal tracks will match existing agricultural construction / formation methods. 
69. In light of the above, the proposed development is considered to be in
accordance with NPF4 Policies 1, 4 and 11 and LDP2 Policy 39. 
Residential Amenity 
70. NFP4 Policy 23 (e) states that development proposals that are likely to raise
unacceptable noise issues will not be supported. 
71. LDP2 Policy 17: Residential Areas, highlights that areas of residential and
compatible uses inside settlement boundaries will see existing residential
amenity protected and, where possible, improved. In this instance, it is proposed
to locate the BESS at least 500m and the solar infrastructure at least 100m away
from neighbouring residential receptors. 
72. The closest residential properties have seen careful consideration given to the
visual effects on them, particularly those within 1km. Mitigation planting is
proposed in order to protect residential visual amenity and further enhance the
overall visual appearance of the proposals. Furthermore, the effects are
considered to be local in nature and not resulting in unacceptable effects on
residential visual amenity. 
73. Overall, visual effects are restricted based on the site location, which is spatially
remote from sizeable residential settlements and busy travel routes. However, a

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condition is recommended that a Construction Environmental Management Plan
(CEMP), including a Noise Management Plan and Dust Management Plan is
submitted for approval prior to the commencement of development.
(Condition15) 
74. LDP2 Policy 55: Nuisance from Artificial Lights and Light Pollution states that
consent will not be granted for proposals where the lighting would result in
obtrusive and/or intrusive effects. The Council can control any issues through the
use of planning conditions, and in this instance it has been covered through the
inclusion of Condition 14. 
75. A Glint and Glare Assessment (GGA) supports the application. Overall, the GGA
provides a conservative assessment of potential glare impacts, incorporating
worst-case assumptions such as daily sunny conditions, and real-world impacts
are expected to be lower. The assessment has concluded that the impacts on
sensitive receptors would be low, and PKC Environmental Health having
reviewed the GAA have no objections subject to a condition relating updating the
Glint and Glare Assessment if there are any complaints once the development
was in situ. (Condition 16) 
76. LDP2 Policy 56: Noise Pollution presumes against development proposals which
will generate high levels of noise near noise sensitive land uses and vice versa. 
77. In this instance, the predominant source of operational noise will be from the
BESS facility. The solar array will have inline inverters, rather than a centralised
large inverter, thus producing limited noise. 
78. The applicant has submitted a Noise Impact Assessment (NIA) which assesses
the potential operational noise impacts on the closest noise sensitive receptors
(NSRs): residential properties at Milden Road (NSR1) and Balvaird (NSR2). 
79. The NIA concludes that no specific additional mitigation is required for the
operational phase, as effects from noise are not significant. The NIA included an
assessment of the cumulative effects from approved schemes within a 5km
radius. This indicating the cumulative effect at NSRs is expected to be negligible. 
80. In light of the above, conditions have been included to ensure that all plant and
equipment is enclosed and does not exceed noise ratings for different times of
day, a Construction Environment Management Plan (CEMP), complaints from
the public to the Council regarding noise, and construction working hours
(Conditions 10, 11,12, 13 and 15) 
81. Furthermore, LDP2 Policy 55: Nuisance from Artificial Light and Light pollution is
of relevance in the assessment of this application. In this instance, there is the
potential for amenity issues in relation to lighting during the construction phase.
To address this, a condition has been included that all external lighting shall be
sufficiently screened and aligned so as to ensure that there is no direct
illumination of neighbouring land. (Condition 14)

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82. Given the above, and subject to the recommended conditions, it is considered
that the proposals are in accordance with NPF4 Policy 23e) and LDP2 Policies
17, 55 and 56. 
Roads and Access 
83.  Policy 15: Public Access states that development proposals that would have an
adverse impact upon the integrity of any (including proposed) core path, disused
railway line, asserted right of way or other well-used route and connectivity
proposals identified in the Regional Transport Strategy and Delivery Plan will not
be permitted. 
84. Access will be from Millden Road at its existing junction with the A912. Large
vehicles will use the A912 to the south of Millden Road, via the A91 and M90.
Immediate entry will be via an existing farm track on the north-west side.
Internally, it is proposed that existing tracks will be used where possible. 
85. LDP2 Policy 60A: Existing Infrastructure, sees existing transport infrastructure
identified, and encouragement given to the retention and improvement of these
facilities provided the improvements are compatible with adjoining land uses. 
86. The junction visibility splays at the A912 junction are required to be improved, the
guidance being 160mx160m, a splay of 160m to the south can be provided,
whilst to the north a reduced 143m can be achieved, with vegetation
management. This being the case, a condition has been included in relation to
the set-back and design of the proposed visibility splays (Condition 7). 
87. Furthermore, there are no Core Paths within or near the site. The closest are
Core Paths ABNY/26 and ABNY/22 c.1.6 km to the east. There are no dedicated
cycling facilities in the vicinity and the A912 does not form part of the National
Cycle Network. 
88. In light of the above, the proposed solar farm and BESS is considered to be in
accordance with LDP2 Policies 15: Public Access and 60: Transport Standards
and Accessibility. 
Drainage and Flooding 
89. NPF4 Policy 22: Flood Risk and Water Management states that development
proposals must have regard to the water environment and drainage, including
floodwater management, within any proposal.  
90. LDP2 Policy 52: New Development and Flooding, states that the Council
supports the actions and objectives to avoid increased, reduce overall, and more
generally manage flood risk in alignment with SEPA Strategies and Plans. 
91. A Water Environment Environmental Appraisal has been undertaken, with a
Flood Risk and Drainage Impact Assessment (FRDA) included detailing the

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Sustainable Drainage System (SuDS) proposed. This will ensure that surface
water runoff is appropriately managed onsite.  The design will be controlled via
a recommended planning condition (Condition 8). 
92. The attenuation sees a detention basin east of the compound eventually drain to
the Binn Burn. Potential impacts on Private Water Supply is also mitigated by the
design. 
93. Furthermore, no Ground Water Dependent Terrestrial Ecosystems (GWDTE’s)
are identified. Additionally, FRDA confirms only small, isolated areas of potential
surface water flooding. Safe access/egress avoiding areas at risk is to be
afforded by the existing tracks with no alterations required. The panels are to be
raised a minimum of 1m above ground level, which has been shown to be
sufficient to allow 600 mm freeboard from maximum surface water flood depths. 
94. In light of the above, and subject to condition, it is considered that the proposed
solar farm / BESS is considered to be in accordance with NPF4 Policy 22 and
LDP2 Policy 52 
Conservation Considerations 
95. Polices 26A and 26B of the LDP2 and Policy 7 of NPF4 are relevant. In general,
the site is not well documented in terms of potential historic environment assets,
with no previous invasive archaeological work within the boundary. However,
archaeological activity in the wider area identifies both designated and
undesignated heritage assets, and there is considered to be potential for
unknown buried remains. In their consultation response, PKHT have stated that
the submitted Historic Environment Desk Based Assessment Report recognises
that the location of the application site directly adjacent to Bein Law Hillfort
increases the potential for archaeology within the development area.
Furthermore, the proposed development would be partially visible from the
scheduled monument at Balvaird Castle (SM 90027) in views to the north-east
and this has also been assessed to have a potential for negative effect. 
96. However, the assessment concludes that key views along the valley and towards
Balvaird Castle will remain unaffected and that the proposals will result in only a
minimal impact on its setting. Furthermore, embedded landscape and visual
mitigation measures to lessen the visibility of the proposed development from
Balvaird Castle are proposed. These include the planting of a screening area of
native woodland on the south-western border of the proposed development. 
97. A recent walkover survey, undertaken as part of planning condition associated
with Bein Law Fort, has confirmed that the above ground archaeology has largely
gone, with only a few potential fragments of rampart surviving. However, below
ground remains are still likely to remain. Regarding designated sites and any
potential negative visual impacts, with particular relevance to Balvaird Castle,
HES agree that there is some negative impact on the castle’s setting.

Page 17

98. However, HES are broadly content that the proposed development would not
have a significant impact on the integrity of the setting of the Balvaird Castle.
Although it would be visible, it would not adversely impact on key views to and
from the castle as it would be situated fairly low to the ground beside an existing,
wooded small hill. This being the case, HES do not object. 
99. In line with the recommendations in the Heritage Environment Assessment,
PKHT recommend that archaeological evaluation be undertaken, to determine
any surviving archaeological remains. Thus, a programme of archaeological
works should be secured via condition to assess the presence / absence,
character and significance of any archaeological deposits (Condition 2). 
100. Therefore, subject to condition, the proposals are considered to accord with
NPF4 Policy 7 And LDP2 Policies 26A and 26B. 
Natural Heritage and Biodiversity 
101. NPF4 Policy 3: Biodiversity seeks development proposals to contribute to the
enhancement of biodiversity, by restoring degraded habitats and building and
strengthening nature networks and their connection. Also, by integrating nature-
based solutions. Furthermore, major developments will only be supported where
it can be demonstrated that the proposal will conserve, restore and enhance
biodiversity, including nature networks so they are in a demonstrably better state
than without intervention. This will include future management. To inform this,
best practice assessment methods should be used. 
102. In this instance, the submitted Landscape Plan contains native mixed
hedgerows. However, the hedgerow mix has not been extended to form a more
complete/comprehensive boundary treatment, which would connect the proposed
native scrub and woodland areas, and where there is an absence of existing
scrub and woodland areas. The use of hedgerows could be extended along the
track sides at the north and at the west boundaries to improve connectivity. In
light of this, a condition has been included that a revised Biodiversity
Enhancement Plan is submitted for approval. (Condition 5). A further condition is
recommended to ensure that the conclusions and recommendations of the
Biodiversity Study are delivered. (Condition 3) 
103. NPF4 Policy 4: Natural Places states that development proposals that are likely
to have an adverse effect on protected species will only be supported where the
proposal meets the relevant statutory tests. If there is reasonable evidence to
suggest that a protected species is present on a site or may be affected by a
proposed development, steps must be taken to establish its presence. The level
of protection required by legislation must be factored into the planning and
design of development, and potential impacts must be fully considered prior to
the determination of any application. 
104. In this instance, the Preliminary Ecological Appraisal Report states the design of
the proposed development shall be reviewed to determine if a 30 m no-

Page 18

disturbance buffer can be maintained between the trees and the construction
works area, in the interest of bat foraging habitat. 
105. However, a letter dated 9 March 2026 from SLR Consulting states a 30m
exclusion zone will be maintained and an Environmental Clerk Of Works (ECOW)
will oversee the works to avoid the need for further survey. Furthermore, and
given that two invasive non-native species were noted during the survey, a
control plan is required (Condition 4). 
106. LDP2 Policy 40: Forestry, Woodland, and Trees requires Tree Surveys
accompany applications where the site contains trees, with a presumption of
protecting woodland resources. 
107. LDP2 Policy 41: Biodiversity seeks to protect and enhance all wildlife and wildlife
habitats, whilst taking into account the ecosystems and natural processes in the
area. 
108. In this instance, there is ancient woodland within 2km. There are no trees within
the site or to be felled beyond. The landscape plan has taken account of PKC
feedback and includes a woodland mix, native scrub, native hedgerows,
feathered tree stock, and a variety of woodland meadow mixes.  Furthermore,
the plan advises that low level grazing will still be achievable with the panels in
place, managing the existing grass areas and augmented with a wildflower
meadow mix. 
109. PKC’s Tree Officer is satisfied that the landscape scheme is appropriate. 
110. In light of the above, the proposed solar farm / BESS is considered to be in
accordance with NPF4 Polices 3,4 and LDP2 Policies 40, 41. 
Low and Zero Carbon Generating Technologies 
111. Given that the proposed development will include new buildings, LDP2 Policy 32
and NPF4 Policy 2 are relevant. However, given the nature of the proposals, and
that the buildings will not be habitable, heated or cooled, it is considered that the
solar farm and BESS are in accordance with the Development Plan. 
Lifespan of Facility / Decommissioning 
112. The submission commits to decommissioning and restoring the site to its
previous agricultural use after the operational lifespan. In the event the decision
was made that the Site could be repowered, then a new consenting process
would be required. 
113. Prior to decommissioning, a Restoration and Decommissioning Plan (RDP) will
be produced to reflect the current legislation and policy at that point in time and
will be agreed with the relevant statutory authorities

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114. Condition 9 is recommended to ensure that should operations cease for more
than 12 months, or after 40 years, that the site is then decommissioned and re-
instated to its original use. 
Grid Connection 
115. The proposed point of connection is the Abernethy Substation, 5 km to the east.
The date of connection is currently anticipated to be 2030. The cable route will be
subject to a separate consenting process, which has been accounted for in the
EIA Screening Opinion. 
Developer Contributions 
116. The Developer Contributions Guidance is not applicable to this application, and
therefore, no contributions are required in this instance. 
Economic Impact 
117. The direct economic impact of the proposal is likely to be minimal and limited to
the construction phase of the development. The proposal will support local
renewable energy generation by helping balance fluctuations of intermittent
energy generation. It will assist in the creation of a national grid asset of regional
significance for the Perth and Kinross area. 
118. No information has been provided on how the local community will benefit from
this application to satisfy the requirement in NPF4 Policy 11(c) (excluding
consideration of direct community benefit payments). Consideration should be
given to consideration of local priorities, maximising use of local supply chains
and opportunities for local training. Consideration should be given to how the
development can support NPF4 Policy 25. This consideration has been
addressed via recommended Condition 18. 
Variation of Application Under Section 32A 
119. 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 landscaping and planting,
biodiversity enhancements and ecological surveys. 
Planning Obligations and Legal Agreements 
120. None required. 
Direction By Scottish Ministers 
121. Under the Town and Country Planning (Development Management Procedure)
(Scotland) Regulations 2013, regulations 30 – 33 there have been no directions

Page 20

by the Scottish Government in respect of an Environmental Impact Assessment
screening opinion, call in or notification relating to this application. 
Conclusion and Reasons for Recommendation 
122. To conclude, the application must be determined in accordance with the
Development Plan unless material considerations indicate otherwise. In this
respect, the proposal is considered to comply with NPF4, and the adopted Local
Development Plan 2 (2019).  Account has been taken account of the relevant
material considerations, and none has been found that would justify overriding
the Development Plan.  Accordingly, the proposal is recommended for approval
subject to the following conditions.
. 
Recommendation   
Approve, subject to the following conditions: 
Conditions and Reasons for Recommendation 
General 
1. This planning permission will last only for three years from the date of this
decision notice, unless the development has been lawfully started within that
period. 
Reason: This is a Planning Permission in terms of Section 58 of the Town and
Country Planning (Scotland) Act 1997, as amended by Section 32 of the
Planning (Scotland) Act 2019. 
Archaeology and Cultural Heritage 
2. 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
to, 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

Page 21

Reason: In the interest of protecting archaeological interest within the site. 
Biodiversity 
3. The conclusions and recommended action points within the supporting
biodiversity survey submitted and hereby approved (document 39 relates) shall
be fully adhered to, respected and undertaken as part of the construction phase
of development. 
Reason: In the interests of protecting environmental quality and of biodiversity 
4. Prior to the commencement of the development hereby approved, an Invasive
Non-Native Species Control Plan shall be submitted to, and approved in writing
by, the Council as Planning Authority. The plan shall contain measures to
eradicate and control invasive non-native species. Thereafter, the agreed
scheme, and its requirements and recommendations, shall be implemented in full
during the construction phase. 
Reason: In the interests of protecting environmental quality and of biodiversity 
5. Prior to the commencement of the development hereby approved, an updated
Biodiversity Enhancement Plan including the location, quantity, specification and
maintenance requirements for biodiversity enhancement measures shall be
submitted for the further written agreement of the Council as Planning Authority.
The plan shall include a commitment to submit species records found during
survey to the National Biodiversity Network Gateway and reference the
requirements set out in the PKC Planning for Nature Guidance. Thereafter, the
agreed scheme shall be maintained in a reasonable condition for the life of the
development, to the satisfaction of the Council as Planning Authority. 
Reason: In the interests of employing best practice ecology and to ensure there
is no adverse impact on any protected species as identified under the Wildlife
and Countryside Act (1981). 
Roads and Transportation 
7. Prior to the commencement of the development hereby approved, full visibility
splays shown in drawing 405-065788-00001-TRA-0001a along the channel line
shall be provided to the left and right of the access, at a set-back of 2.4 metres
measured 1.05m above the road level to the standard and specification required
by the Council as Roads Authority. The visibility splays shall be physically formed
on the ground and any existing fences, walls, hedges or other means of
enclosure or obstructions within the splays shall be removed and relocated out
with the splays. Once formed, the visibility splays shall be permanently retained
thereafter, and no visual obstruction of any kind shall be permitted within the
visibility splays so formed. 
Reason: In the interest of road safety.

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Flooding and Drainage 
8. Prior to works commencing on site, full drainage calculations and the final layout
and depth of the proposed SUDS ponds and associated infrastructure shall be
submitted to, and agreed in writing by, the Council as Planning Authority, in
consultation with Perth and Kinross Council Flooding Team. The agreed detail
shall thereafter be implemented prior to the completion of development. 
Reason: In the interests of best practice surface water management; to avoid
undue risks to public safety and flood risk. 
Facility Lifespan 
9. In the event the hereby approved development fails to generate and store
electricity on a commercial basis for a continuous period of 12 months, or after
operating for more than 40 years, then it shall be deemed to have permanently
ceased to be required. In such an event, the development shall be
decommissioned and the relevant parts of the site reinstated within such a
timescale as agreed by the Council as Planning Authority. 
Reason: To ensure the facility is removed from the site at the end of its
operational life, and to protect the character of the countryside, the visual
amenity of the area and nature conservation interests. 
Environmental Health 
10. All plant or equipment shall be so enclosed, attenuated and/or maintained such
that any noise therefrom shall not exceed Noise Rating 35 between 0700 and
2300 hours daily, or Noise Rating 20 between 2300 and 0700 hours daily, within
any neighbouring residential property, with all windows slightly open, when
measured and/ or calculated and plotted on a rating curve chart. 
Reason: In the interests of residential amenity. 
11. Noise from the battery storage facility shall not exceed 29dB LAeq, (15 min),
including any relevant penalties for tonality, impulsivity, intermittency, or other
sound characteristics, when measured at any residential property in accordance
with BS4142 – Method for Rating Industrial Noise Affecting Mixed Residential
and Industrial Areas. 
Reason: In the interest of residential amenity. 
12. 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 from 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.

Page 23

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 interest of residential amenity 
13. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours
and Saturday 0800 hours to 1300 hours with no noisy works out with these times
or at any time on Sundays. 
Reason: In the interest of residential amenity. 
14. All external lighting shall be sufficiently screened and aligned so as to ensure that
there is no direct illumination of neighbouring land and that light spillage beyond
the boundaries of the site is minimised to a degree that it does not adversely
affect the amenity of the neighbouring land. 
Reason: In the interest of residential amenity. 
15. Prior to the commencement of the development the applicant shall submit a
Construction Environmental Management Plan (CEMP) to be reviewed and
agreed in writing by the Planning Authority. The CEMP shall include a Noise
Management Plan which shall include the BS5228 construction noise limits
stated in section 1.6.4 of the NIA SLR Project No.: 405.0065788.00001 dated 15
December and Dust Management Plan which shall include a Dust Risk
Assessment (DRA) and site-specific dust mitigations derived from outcome of
DRA. 
Reason: In the interests of protecting environmental quality and biodiversity; to
ensure no adverse impact on the construction environment and residential
amenity. 
16. Within 2 months of receipt of a written request by the Council as Planning
Authority, following a substantiated complaint from a sensitive property, the
operator/applicant shall, at its own expense, employ a consultant approved by
the Planning Authority to carry out an assessment of glint and glare from the
development. The glint and glare assessment shall be submitted to and
approved in writing by the Planning Authority. The assessment must identify any
mitigation measures required if appropriate. Any mitigation measures identified
shall be implemented on site in accordance with a timescale to be agreed with
the Planning Authority. 
Reason: In the interest of residential amenity.

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Fencing Details 
17. Prior to development commencing on site, details of all fencing, including above
ground measurements and locations of badger gates, and gaps shall be
submitted to, and approved in writing by, the Council, as Planning Authority. 
Thereafter, the fencing shall be erected in full accordance with the approved
scheme. 
Reason: In the interest of visual amenity, and to ensure that badgers,hedgehogs
and amphibians can freely use the site. 
Maximising Local Net Economic Benefits 
18. Prior to the commencement of the development herby approved a statement
shall be submitted for the prior written approval of the Planning Authority, setting
out the approach taken by the developer to address the requirements of NPF4
Policies 11(c) and 25, in relation to maximising net economic impact
(employment/local business and supply chain benefits), community wealth
building and socio-economic benefits as a result of the development. The
statement should set out proposed strategies and how these would be
implemented to achieve these benefits, with an emphasis on long-term outcomes
and collaboration with stakeholders. 
Reason: In order to demonstrate the net economic impact of the development
has been maximised in the interests of the locality. 
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 
Not applicable to this application. 
Informatives 
1. The applicant is advised to refer to Perth & Kinross Council’s Supplementary
guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice
relevant to your development. 
2. The applicant should ensure that any existing wayleaves for maintenance or
repair to existing private water supply or septic drainage infrastructure in the
development area are honoured throughout and after completion of the
development. 
3. The applicant shall ensure the private water supply for the dwellinghouse/
development complies with the Water Scotland Act 1980 (Section 63), The

Page 25

Private Water Supplies (Scotland) Regulations 2006 and The Water Intended for
Human Consumption (Private Supplies) (Scotland) Regulations 2017.  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. 
4. The applicant should note the site access requirements contained in the
guidance note - National Fire Chiefs Council’s guidance for Battery Energy
Storage Systems. Building Standards technical handbook 2022 – Dead End
Route – Fire and rescue service vehicles should not have to reverse more than
20m from the end of an access road.  Where the dead-end route is more than
20m long turning facilities should be provided. 
5. Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as
amended) the person undertaking the development is required to give the
Planning Authority prior written notification of the date on which it is intended to
commence the development. A failure to comply with this statutory requirement
would constitute a breach of planning control under section 123(1) of that Act,
which may result in enforcement action being taken. 
6. As soon as it is practicable after the development is complete, the person who
completes the development is obliged by section 27B of the Town and Country
Planning (Scotland) Act 1997 (as amended) to give the planning authority written
notice of that position. 
7. An application for a Building Warrant may be required. 
8. This planning permission will last only for three years from the date of this
decision notice, unless the development has been started within that period (see
section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as
amended). 
9. The applicant is reminded that, should any protected species be present, a
license may be required from NatureScot to disturb a protected species. Failure
to obtain a license may constitute a criminal act under the Habitats Regulations
and penalties are severe for non-compliance. 
10. This development will require the 'Display of notice while development is carried
out', under Section 27C (1) of the Town and Country Planning Act 1997, as
amended, and Regulation 41 of the Development Management Procedure
(Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of
the Regulations and a draft notice is included for your guidance. According to
Regulation 41 the notice must be: 
• Displayed in a prominent place at or in the vicinity of the site of the
development.

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• Readily visible to the public.
• Printed on durable material. 
11. This planning permission is granted subject to conditions, some of which require
further information to be submitted to Development Management either before
works can start on site or at a certain time.  The required information must be
submitted via the ePlanning portal if your original application was lodged that
way, otherwise send it to us at developmentmanagement@pkc.gov.uk.  Please
be aware that a fee is payable in respect of each request made, though there is
no limit to the number of conditions that can be discharged in a single request.
The Fees Charter is available on our website www.pkc.gov.uk.  The Council has
two months to consider the information.  You should therefore submit the
required information more than two months before your permission expires. We
cannot guarantee that submissions made within two months of the expiry date of
your permission will be able to be dealt with before your permission lapses. 
12. The developer is advised to contact Sophie Nicol, Historic Environment Manager
(Tel: 01738 477027) Perth and Kinross Heritage Trust, to discuss terms of
reference for work required. 
13. The applicant is advised that, in terms of Sections 56 of the Roads (Scotland) Act
1984, he/she/they must obtain from the Council, as Roads Authority, consent to
open an existing road or footway prior to the commencement of works.
Information on junction types, requirements for Vehicular Access consents (VA1)
and application forms are available at www.pkc.gov.uk/vehicleaccess.  Advice
on the disposal of surface water should be sought at the initial stages of design
from Scottish Water and the Scottish Environment Protection Agency. 
14. 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. 
15. Records indicate that at least part of the proposed development site lies within a
radon affected area where the measurement/monitoring of radon gas and the
installation of mitigation measures may be required. Further information on radon
gas and the associated reports that can be obtained is available at
www.ukradon.org and at http://shop.bgs.ac.uk/georeports/. 
16. The applicant should ensure that any existing wayleaves for maintenance or
repair to existing private water supply or septic drainage infrastructure in the
development area are honoured throughout and after completion of the
development. 
17. The applicant shall ensure the private water supply for the dwellinghouse/
development complies with the Water Scotland Act 1980 (Section 63), The
Private Water Supplies (Scotland) Regulations 2006 and The Water Intended for

Page 27

Human Consumption (Private Supplies) (Scotland) Regulations 2017.  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. 
18. The applicant should note the site access requirements contained in the
guidance note - National Fire Chiefs Council’s guidance for Battery Energy
Storage Systems. 
19. Building Standards technical handbook 2022 – Dead End Route – Fire and
rescue service vehicles should not have to reverse more than 20m from the end
of an access road.  Where the dead-end route is more than 20m long turning
facilities should be provided. 
20. A review of the proposed development site did not raise any real concerns,
although historical mapping indicates that there is a disused quarry at the NW
boundary of the site.  Based on the mapping the quarry has been disused for
many years.  The developer should satisfy themselves that the site is suitable
for the proposed use and should any contamination be found during the
approved works, works should cease, and the Land Quality team should be
contacted on 01738 475000 or contaminatedland@pkc.gov.uk for further advice. 
21. The applicant is advised to refer to Perth & Kinross Council’s Supplementary
guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice
relevant to your development. 
22. Due to the nature of the proposal, it is important to keep in mind the possibility of
finding bats when undertaking construction works. If bats are found during works,
the work should stop immediately, and you should contact NatureScot Species
Licensing Team for advice. Building works should avoid the times of year when
bats are most vulnerable to disturbance. The summer months, when bats are in
maternity roosts, and the winter months when bats are hibernating, should be
avoided. Typically, early spring and autumn months are the best times to do work
that may affect bats. If you suspect that bats are present, you should consult
NatureScot for advice. For further information visit the Bat Conservation Trust
website http://www.bats.org.uk/ .  Please note that bats are protected by law,
and it is a criminal offence to deliberately harm, capture, kill or disturb a bat or its
resting place. 
23. 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.

Page 28

Background Papers
Letters of representation 1 
Authors
Name Designation Contact Details
Alan Atkins Planning Officer (Majors) 01738 475300
developmentmanagement@pkc.gov.uk 
Approved
Name Designation Date
Kristian Smith Service Manager 26 June 2026