26/00067/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. 26/204) Proposal: Installation of 49.9MW battery energy storage system (BESS), formation of SUDS, associated infrastructure and landscaping works Location: Land 200 Metres North West of Jamesfield Garden Centre, Newburgh, Cupar, KY14 6EW Ref. No: 26/00067/FLM Ward No: P9 - Almond and Earn Summary This report recommends approval of the application as the proposed BESS is considered to comply with the relevant provisions of the Development Plan, and there are no material considerations apparent which outweigh the Development Plan. Background and Description of Proposal 1. The purpose of the facility is to provide a range of stability services to the grid. BESS are required to compensate for the loss of inertia and other electrical characteristics resulting from the replacement of thermal generators by renewable energy generation. 2. The site is located to the west of an unnamed road which serves the Jamesfield garden centre, farm shop and restaurant all located to the east. The Abernethy substation is located to the south and bound by Abernethy Road beyond. 3. The northern and western boundaries of the site are bound by agricultural fields with Balgonie Cottage located further to the west. The Abernethy Road, located to the south of the adjacent substation, runs west to east connecting Abernethy village to the west and Newburgh to the east. Furthermore, a Scottish Gas Networks owned high pressure gas transmission pipeline runs west to east 450m from the application site’s northern boundary. Further south, the land rises to the Ochil Hills. 4. The site itself is within an area of low-lying farmland which is located near the confluence of the River Earn and the River Tay 1.5km to the north. Topography
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is relatively flat, if sloping to the northwest. As open and operational arable farmland there are no significant landscape features within the site, which is classified as Grade 2 Prime Agricultural Land. Two pylons sit within the site and others beyond, with overhead lines running northwest to southeast across the north-eastern part between pylons. A second powerline route between pylons which sit outwith the site cross above the north-western corner. There are no core paths running through the site and the nearest core path runs to the north, outwith the north boundary. It connects Abernethy Primary School to Newburgh. The nearest buildings are to the east at Jamesfield Garden Centre, farm shop and restaurant. 5. The facility is advised to have capacity to power up to circa (c.)161,898 houses over a 4-hour period and that 20 direct jobs will be created during the construction period. 6. The proposal has evolved since initial engagement with the Council, addressing matters raised during the pre-application process. The proposal includes: • 132/33kV Sub-station • Hardstanding (e.g., for manoeuvring and parking of trucks); • Access Tracks. • Up to 48 containerised Battery Storage Units. • Up to 12 inverter/transformer units. • Switch Room. • Subterranean fire water tanks. • Welfare Unit (with chemical toilet). • 2.4m Perimeter security fencing. • CCTV columns. • Profiled development platform and associated cuttings and embankments • SUDs pond. • Landscape works including tree and shrub planting. • 1.5 m high timber post and wire perimeter deer proof fencing. • External artificial lighting to specific work areas. • An underground cable connection to the substation to the south (c.770m). Site History 7. 25/00014/PAN A Proposal of Application Notice (PoAN) was submitted on 17 September 2025 for the installation of a 49.9MW Battery Energy Storage System (BESS) and associated infrastructure and landscaping works. The notice was considered sufficient and the consultation proposals accepted. 8. 25/01769/SCRN A Screening Request was received and a Screening Opinion issued by the Council on 16 December 2025 in relation to the installation of a 49.9MW Battery Energy Storage System (BESS) including associated infrastructure and landscaping. Given the low level of potential impact on the environment, the proposed development was deemed not to be EIA development.
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Environmental Impact Assessment 9. 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: 25/01769/SCRN) was issued by PKC on 16 December 2025, which confirmed that the application would not require to be accompanied by an EIA. 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 10. Pre application Reference: 25/00025/PREAPM. As a result, the proposed development was, generally, supported. Given its proximity to the Abernethy Substation, the choice of site was considered appropriate. However, concerns were raised regarding the potential impact on landscape character and appearance, and the necessity for a robust and comprehensive screen planting scheme. 11. 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. 12. Prior to the submission of the application for planning permission, a Proposal of Application Notice (PAN) was submitted to Perth and Kinross Council relating to the intended programme of pre-application consultation. The Council have, subsequently, agreed the proposed consultation approach. 13. A public notice was published in a local newspaper, the Perthshire Advertiser, on 25.09.25, and a second notice for a second event on the 27.10.25, meeting statutory requirements. Following the first public notice, a total of 213 flyers were locally circulated to further notify the community of the consultation event. Further, a website was set up with project detail and other information related to the consultation The first consultation event was held on 9.10.25 and the second on 6.11.25 both at Williamson Hall, Kirk Wynd, Abernethy. Development Plan 14. 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.
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National Planning Framework 4 15. 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. 16. 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 14: Design, Quality and Place • Policy 29: Rural Development Perth and Kinross Local Development Plan 2019 17. 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. 18. The principal relevant policies are, in summary. • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 8: Rural Business and Diversification • Policy 15: Public Access • 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 47: River Tay Catchment Area • Policy 50: Prime Agricultural Land • Policy 51: Soils • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment
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• 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 19. • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) Other Material Considerations PKC Non-Statutory Guidance 20. • 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 21. 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 22. 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 23. 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.
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National Roads Development Guide 2014 24. 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 26. As part of the planning application process the following bodies were consulted: External 27. SSEN - No objection, subject to conditions relating to the access track ground levels, the storage of materials and an updated Construction Traffic Management Plan (CTMP) 28. Scotland Gas Networks (SGN) - No objection, subject to a condition relating assessment of potential interference on the adjacent pipeline. 29. Transport Scotland - No objection, subject to conditions relating to a Construction Traffic Management Plan (CTMP), details of routes for any abnormal loads, accommodation measures and temporary traffic control measures 30. Perth and Kinross Heritage Trust (PKHT) - No objection, subject to a condition relating to a Written Scheme of Archaeological Investigation (WSI) 31. Historic Environment Scotland (HES) - No objection. Internal 32. Environmental Health (Noise Odour) - No objection, subject to conditions relating to plant enclosure, noise complaints to the Council, external lighting and construction hours. 33. Environmental Health (Contaminated Land) - No objection. Advise that review of the proposals raised no concerns related to historical use of the land and surrounding area. 34. Environmental Health (Private Water) - No objection, subject to a condition relating to the safeguarding the operation, or replacement, of any sceptic tanks and private water sources 35. Development Plan - No objection, subject to a condition relating to further screen planting. 36. Biodiversity - No objection, subject to conditions relating to: the retention of trees unless approved, the conclusions and recommendations of the submitted Biodiversity Study, an updated ecology survey be submitted and approved,
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measures to prevent animals from being trapped in excavations, and a site Biodiversity Action Plan. 37. Roads and Transportation Team - No objection, subject to conditions relating to: visibility splays, vehicle accesses and passing places, and the submission of a Construction Traffic Management Strategy. 38. Planning Enforcement Officer (Trees) - No objection. Advise the revised landscape scheme is acceptable. 39. Floods and Structures - No objection, subject to conditions relating to a detailed design for SuDS, and to ensure that storm water from all paved areas is disposed of via SuDS. Representations 40. One representation was received, the main issues raised are: • Adverse impact due to level of construction traffic. • Fire safety issues. • Landscape and visual impact. • Noise issues. • Loss of prime agricultural land. • No community benefits proposed. 41. These issues are addressed in the Appraisal section of the report. Additional Statements Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations AA not required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Submitted Appraisal 42. 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,
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this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 43. 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 1 Tackling the Climate and Nature Crises; 2 Climate Mitigation and Adaptation; and 11 Energy. 44. The proposal would provide essential energy balancing services to the National grid, actively contributing towards Scotland's CO2 reduction targets, supporting the principles of Scotland’s Energy Strategy (SES). Specifically, electricity would be drawn from the grid at times of low demand, stored and released back as required. When demand is higher, greater generation from non-renewable sources is required and energy storage facilities such as that proposed could reduce reliance on non-renewable resources, thus decreasing CO2 emissions. 45. 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 section 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 policy intent in NPF4 is to encourage, promote and facilitate all forms of renewable energy development onshore and offshore. 46. Policy 33A of LDP2 and Policies 1, 2 and 11 of NPF4 specifically encourages low carbon energy solutions where specific grid connection or the use of established infrastructure can occur. Therefore, on balance, and given the site-specific reasoning for the location of the battery storage unit, the proposed development could be supported in principle. In this instance, the grid connection will only require a total of 253m of underground cabling. Furthermore, consideration must be given to the finite lifespan of this facility. Whilst the overall operational life will be some 30 years, minimal disturbance to the site will be required, allowing the pre-existing land use to resume afterwards. Design and Layout 47. 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 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 its design, layout and physical characteristics, must also be considered.
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48. In terms of design, the proposed BESS will include containers to be laid out in rows running south-west to north-east. Each row will be fronted by an access track, as well as a perimeter track. Access to the ‘compound’ will be from the northeast via the unnamed road which also serves Jamesfield. There is also an alternate access point at the southeast. An underground cable will connect the battery storage facility to its grid connection at the substation directly to the south. 49. The battery storage facility is deliberately sited adjacent to the substation. Co- locating presenting the most viable arrangement and offers a range of benefits by maximising the efficiency of the battery storage facility and making best use of the existing grid capacity. The proposals also include a switchroom (15.2m in length and 3.2m in width), a control room (12.1m in length, 4m in width and 3.2m high), containers (12.1m in length and 2.4m in width), auxiliary transformers (1.7m in height and 2.2m in width) and battery storage units (6m in length and 2.8m in width). Landscape and Visual Impact 50. 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. In this instance, the application site is currently an agricultural field and is not located within the Green Belt or any other designated landscape areas. 51. Perth and Kinross Council LDP2, Policy 39: Landscape states that development and land use change should be compatible with the distinctive characteristics and features of Perth and Kinross’s 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. 52. In this instance, a Landscape and Visual Impact Assessment (LVIA) has been submitted, which states that due to the low-lying form, modest scale of the proposed development and close visual relationship with Abernethy Substation, any changes to the landscape character and views would be contained and highly localised. Furthermore, visibility would be notably restricted by existing vegetation and built features, and where views are available the proposed development would appear as an incremental addition to an already modified setting. 53. These impacts will be further reduced through a planting strategy which would provide high levels of additional screening to a proposed development which has already limited visual impacts. It is proposed to plant both coniferous and deciduous woodland to strengthen the character and pattern of woodland in the
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area, adding to the existing characteristic of the baseline landscape. Post mitigation the magnitude of impact reduces to low given this reduced visibility and integration into the existing landscape pattern, resulting in a moderate/minor level of effect. The proposed BESS will result in an extension to the north and west of the overall extent of BESS development in and around Abernethy. However, according to the LVIA, the magnitude of change to the Local Landscape Areas are moderate to minor. Again, this impact is likely to reduce further once the proposed landscape mitigation is established. Thus, it is considered that the proposed landscaping scheme mitigates the visual impact of the proposed development whilst maintaining views over the Tay estuary. 54. In light of the above, and subject to the maturation of the approved landscape and planting scheme, the proposed BESS is considered to be in accordance with NPF4 Policy 4 and LDP2 Policy 39 Prime Agricultural Land and Soils 55. In this instance, the relevant policies are LDP2 Policy 50: Prime Agricultural Land, Policy 51: Soils, and NPF4 Policy 5: Soils. 56. NPF4 Policy 5 provides for renewable energy development where decommissioning can be secured. It further states that: a) Development proposals will only be supported if they are designed and constructed: i. In accordance with the mitigation hierarchy by first avoiding and then minimising the amount of disturbance to soils on undeveloped land; and ii. In a manner that protects soil from damage including from compaction and erosion, and that minimises soil sealing. b) Development proposals on prime agricultural land, or land of lesser quality that is culturally or locally important for primary use, as identified by the LDP, will only be supported where it is for: i. Essential infrastructure and there is a specific locational need and no other suitable site; ii. Small-scale development directly linked to a rural business, farm or croft or for essential workers for the rural business to be able to live onsite; iii. The generation of energy from renewable sources or the extraction of minerals and there is secure provision for restoration; and In all of the above exceptions, the layout and design of the proposal minimises the amount of protected land that is required. 57. A detailed soil survey was carried out in November 2025, and a Land Capability for Agriculture (LCA) report was submitted in support of this planning application. Given that BESS is defined as renewable energy generation and so, whilst the site may be Prime Agricultural Land (PAL), development can be considered acceptable where a Decommissioning Plan is provided secured, which can be
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secured by condition. (Condition 18). This will ensure that proposed mitigation measures in terms of prime agricultural land and soils are implemented in full. 58. LDP2 Policy 50: Prime Agricultural Land states that outside the identified settlements, development on prime agricultural land will not be permitted, unless it is necessary to meet a specific established need, such as a major infrastructure proposal and only when there is no other suitable site available on non-prime land. Small scale development directly linked to rural business, including housing, may also be acceptable on prime agricultural land, providing it is compatible with all other aspects of the policy framework of the Plan and there are no other suitable non-prime land sites available, and it does not adversely affect the viability of the agricultural unit. 59. LDP2 Policy 51: Soils states that the Council seeks to protect soils from damage such as erosion or compaction. Developments located on areas of good quality agricultural soils will only be supported where they: (a) minimise impact on soil resources; (b) Implement appropriate soil management measures, particularly for valuable soils such as good-quality agricultural soils*, and soils with a high organic content; (c) adopt best practice when moving, storing and reinstating soils (d) consider opportunities to re-use soils necessarily excavated from the site. 60. In this instance, the site is on prime agricultural land (class 2). NPF4 Policy 5 provides for essential infrastructure on prime agricultural land provided that the layout and design of the proposal minimises the amount of land that is required. Overall, the proposed BESS will result in a loss of 5 hectares of medium-term loss of Class 2 land. Furthermore, it is anticipated that the proposed BESS has the potential to supply 161,898 homes over 4 hours and given that the proposed BESS is located in an area that has had several industrial elements introduced to the landscape over the last 20 years. This being the case and given that the proposed development has included appropriate soil management measures, the predicted loss in Class 2 land is not considered to be significant. Therefore, the proposed BESS is in accordance with LDP2 Policy 50: Prime Agricultural Land and Policy 51: Soils. Residential Amenity 61. NFP4 Policy 23 (e) states that development proposals that are likely to raise unacceptable noise issues will not be supported. 62. 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. 63. This application includes 48 containerised battery storage units, 12 inverters/transformer units, a switch room, subterranean fire water tank, welfare unit, CCTV, and external lighting. The containers will be set in rows. An existing
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substation is immediately to the south and there are several other consented renewable infrastructure projects and BESS’s in the locality. 64. The closest residential property is approximately 350 metres to the southwest. In light of this distance the submitted Noise Impact Assessment considers there will be no adverse impact on residential amenity. 65. 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 may secure the regulation of lighting installations and their maintenance through the use of conditions attached to the granting of planning permission. In order to ensure that no loss of residential amenity results from any of the proposed external lighting, condition has been included (Condition 10). 66. LDP2 Policy 56: Noise Pollution states that there will be a presumption against the siting of development proposals which will generate high levels of noise in the locality of existing or proposed noise sensitive land uses and similarly against the locating of noise sensitive uses near to sources of noise generation. 67. The submitted Noise Impact Assessment (NIA) has assessed the noise impact of this proposed BESS and cumulative effects of the five consented developments and a proposed development. Predicted noise levels at Noise Sensitive Receptors (NSRs) are concluded to meet the adopted daytime and night-time criteria at the closest (worst-affected) NSR by a comfortable margin in all octave bands. The NIA advises that there will be no detrimental impact on noise sensitive receptors from the operation of the proposed BESS, including cumulatively with other known developments. 68. Overall, there are no adverse noise issues. However, in order to further protect residential amenity, conditions are recommended in relation to plant or equipment enclosure, noise complaints to the Council, construction working hours. (Conditions 8, 9, and 11). Subject to compliance with conditions, the proposed BESS is considered to be in accordance with NPF4 Policy 23, and LDP2 Policies 17, 55, and 56 Roads and Access 69. LDP2 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. The policy seeks to preserve the amenity of existing public footpaths. Core Path ABNY/1 is located nearly 500m to the north of the site. An assessment of the potential for visual effects on popular routes in the area has been undertaken. For the Core Path 40/1, the LVIA confirms that visibility would only be possible from around half of the path, and this view would generally be oblique, especially while travelling north, with only a short section of the path would generate direct views when travelling south. When viewing the
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development from the north the existing substation would be seen in the background. The magnitude of change is considered to be low, resulting in a moderate level of effect. 70. Furthermore, As a mitigation measure, the proposed landscape planting scheme includes vegetation along northwest corner, extending north-east to provide year- round screening. In addition, an outer band of deciduous trees will provide a more natural and softer edge enhancing the visual character of the area. In light of this, it is considered that the proposed development is in accordance with LDP2 Policy 15. 71. 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. 72. All development proposals that involve significant travel generation should be well-served by, and easily accessible to all modes of transport. In this instance, it is not considered that the proposed development will involve significant travel generation, and there are a number of traffic management measures that are proposed to reduce the impact during the construction period. The Construction Traffic Management Plan (CTMP) demonstrates that the delivery and construction/installation period of the proposed BESS is anticipated to take place over a nine-month period. Access to the site will be taken via an upgraded field access on the U75 which forms a cul-de-sac to the north and connects with Abernethy Road to the south via a simple priority T-junction. A condition has been included to ensure that the CTMP is adhered to in full throughout the development (Condition 17) 73. The road forms a two-way single carriageway that varies in width between approximately 4.1m and 4.5m and is subject to a 40mph speed limit. The expected vehicle trip generation for the proposed BESS development is expected to be low and there are a number of traffic management measures that are proposed to reduce the impact during the construction period. 74. Generally, the BESS will operate on an unmanned basis. However, it is understood that the proposed development will generate approximately between 10 and 15 visits per month (20- 30 two-way vehicle movements) to support site operations and general maintenance activities at the facility. These trips will be typically made by cars or LGVs (e.g. vans). Whilst the temporary construction compound will be removed following construction completion, space will be retained on-site for LGVs to turn around, ensuring that vehicles can enter and exit in a forward gear. In the interest of road safety and site access, a further two conditions have been included. (Conditions 15 and 16). In light of the above, and subject to conditions, it is considered that the proposed development is in accordance with LDP2 Policies 15 and 60A.
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Drainage and Flooding 75. NPF4 Policy 22: Flood Risk and Water Management states that development proposals at risk of flooding or in a flood risk area will only be supported if they are for: i. essential infrastructure where the location is required for operational reasons. ii. water compatible uses. iii. redevelopment of an existing building or site for an equal or less vulnerable use; or. iv. redevelopment of previously used sites in built up areas where the LDP has identified a need to bring these into positive use and where proposals demonstrate that long-term safety and resilience can be secured in accordance with relevant SEPA advice 76. The protection offered by an existing formal flood protection scheme, or one under construction, can be taken into account when determining flood risk. 77. 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. NPF4 Policy 22 states that development proposals must have regard to the water environment, and drainage, including floodwater management, within any proposal. 78. The proposed development is not within an area at risk of flooding and so is out with flood risk areas that required development to be exceptional or otherwise compliant with the criteria set out by NPF4 Policy 22. In this instance, a Flood Risk Assessment (FRA) has been submitted as part of the application. The FRA has demonstrated that the application site’s flood risk is Low/No Risk from all sources. Furthermore, the Drainage Strategy is well designed and compliant with PKC and national guidance, and the SuDS basin and controls are appropriately sized. Furthermore, PKCs Flood Team consider that maintenance and construction-phase measures have been satisfactorily addressed 79. LDP2 Policy 53C: Surface Water Drainage, requires Sustainable Urban Drainage Systems (SUDS) measures including relevant temporary measures at the construction Phase. 80. In this instance, the proposed surface water management strategy with sustainable drainage principles allow the site to remain free of flooding during design storm events, whilst ensuring no increase of flood risk to offsite receptors and ensures no deterioration of the water environment. However, a condition has been included that prior to any development commences on-site, a detailed SuDS shall be submitted for approval (Condition 12). Furthermore, an additional condition has been included to ensure that surface water from all areas of hardstanding /paving can be disposed of by means of a suitable SuDS (Condition 13). LDP2 Policy 53E. states that all new development must be served either by
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a satisfactory mains or private water supply complying with the Water (Scotland) Act 1980 and associated Private Water Regulations, without prejudicing existing users. It will be the responsibility of the developer to demonstrate that any new supply is suitable and is safe to be consumed as drinking water in line with the above act and regulations. In terms of the potential impact on any septic tanks and soakaways, private water sources, etc Condition 14 has been included to ensure that detailed measures to safeguard and allow the continued operation of any private water sources, are submitted for approval. 81. In terms of a private water supply, the applicant has indicated that they do not require a connection to a private water supply. In light of thre above, the proposed BESS is considered to be in accordance with NPF4 Policy 22 and LDP2 Policies 52,53C and 53 E Conservation Considerations 82. LDP2 Polices 26A, 26B and Policy 7 of NPF4 are considered applicable. The location is considered a rich archaeological landscape with evidence of activity spanning across multiple periods with particularly strong evidence of Roman activity. PKHT are in agreement that there is medium potential for unknown Buried remains on site. 83. Furthermore, PKHT also agree with the impacts outlined, in particular the negative impacts on Carpow Roman Fortress. There is also an accumulative impact of development that could be considered from a landscape/ setting perspective. PKHT have strongly recommended that appropriately sited and designed environmental screening is undertaken, in order to mitigate the visual impacts on the known historic environment assets. As evidenced and outlined in the supporting Desk Based Assessment, it is recommended that a programme of archaeological works assesses the presence/ absence, character, and significance of archaeological deposits on the site. This has been covered by the inclusion of Condition 19. In light if the above, and subject to condition, the proposed BESS is considered to be in accordance with NPF4 Policy 7 and LDP2 Policies 26A and 26B. Natural Heritage and Biodiversity 84. NPF4 Policy 3 Biodiversity states that proposals for local development will include appropriate measures to conserve, restore and enhance biodiversity, in accordance with national and local guidance. Measures should be proportionate to the nature and scale of development 85. NPF4 Policy 4: Natural Places states that development proposals that are likely to have an adverse effect on species protected by legislation 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
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planning and design of development, and potential impacts must be fully considered prior to the determination of any application. 86. NPF4 Policy 6: Forestry, Woodland and Trees states that development proposals will not be supported where they will result in adverse impacts on native woodlands, hedgerows and individual trees of high biodiversity value, or identified for protection in the Forestry and Woodland Strategy. 87. The submitted Preliminary Ecological Appraisal Report (PEAR) is considered to be of good quality and undertaken at the correct time of year. Furthermore, the PEAR lists comprehensive enhancement measures in accordance with NPF4 and the PKC Planning for Nature Supplementary Guidance. Proposed enhancement includes planting of c.130m of species rich hedgerows, species rich wetland planting within the SuDS design, a wildflower mix and further woodland planting. Furthermore, conditions are recommended requiring an updated Ecology Study, and measures to prevent animals being trapped are outlined in full prior to development commencing (Conditions 5 and 6) 88. LDP2 Policy 40: Forestry, Woodland, and Trees states that Tree Surveys, undertaken by a suitably qualified professional, should accompany applications where sites contain trees and that there is a presumption in favour of protecting woodland resources. 89. In this instance, it is acknowledged that all existing trees, hedgerows and woodlands will be retained. With mature trees at the southeast and west boundary, and several smaller trees along the south boundary, shown on the planting plan. However, a condition has been included to ensure that retained trees are fully protected (Condition 3). Furthermore, and in order to provide better screening, additional hedgerow planting is provided along the north-eastern edge. In addition, along the western edge, the proposed shelter belts have been extended with additional tree planting. Following the advice of PKC’s Tree Officer, light standards have also been introduced along the southern edge. Overall, light standard planting forms a total of 15% of the proposed planting. 90. LDP2 Policy 41: Biodiversity states that the Council will seek to protect and enhance all wildlife and wildlife habitats, whether formally designated/protected or not. All whilst taking into account the ecosystems and natural processes in the area. In accordance with NPF4, development proposals for major development 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. 91. In this instance, conditions have been included that the action points and recommendations of the submitted Biodiversity Study shall be adhered to and implemented in full, and that a Site Biodiversity Action Plan is submitted for approval, prior to development commencing.
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92. In light of the above, and subject to conditions, the proposed BESS is considered to be in accordance with NPF4 Policies 3, 4, 6 and LDP2 Policies 40 and 41. Low and Zero Carbon Generating Technologies 93. LDP2 Policy 32 ‘Embedding Low and Zero Carbon Generating Technology in New Development’ states that proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. As this proposal includes the erection of a new building, consideration must be given to this requirement. Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that development should be designed to reduce green gas emissions. 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 proposed BESS is in accordance with the Development Plan. Grid Connection 94. The proposed point of connection is the Abernethy Substation, which is located adjacent to the application site. The connection will take the form of an underground cable, with an approximate length of approximately 253m. Lifespan of Facility / Decommissioning 95. The Applicant is committed to decommissioning and restoring the Site to its previous agricultural use at the end of the projects predicted 40-year lifespan. In the event the decision was made that the Site could be repowered, then a new consenting process would be required. 96. 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. 97. The lifespan of the facility is not specifically stated. However, based on the expected lifespan of similar facilities approved within Perth and Kinross and the expected battery life, a lifespan of approximately 40 years is anticipated. As such, Condition 18 has been included to ensure that should the energy storage facility not be in use for a continuous period of 12 months, or at the conclusion of this term, that the site is then decommissioned and re-instated to its original use. Developer Contributions 98. The Developer Contributions Guidance is not applicable to this application, and therefore, no contributions are required in this instance.
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Economic Impact 99. The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. However, 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. 100. 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. Variation of Application Under Section 32A 101. 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, and ecological surveys Planning Obligations And Legal Agreements 102. None required. Direction By Scottish Ministers 103. Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions 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 104. 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:
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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. 2. No works shall commence on site until the applicant has undertaken an assessment and modelling as required to determine the interference levels on the Scotland Gas Networks’ adjacent pipeline from steady state and fault conditions of the electrical infrastructure associated with the proposed development, taking into consideration the nearby SGN pipeline and associated equipment. This includes: • Any steady state AC or DC Interference • Fault Condition Interference in accordance with the limits in BS EN50122- 1:2022 • If required, the applicant shall also design appropriate mitigation to ensure that levels of AC and DC interference are within acceptable limits (as described by SGN/PM/ECP/2, BS EN ISO 18086:2020 and BS EN 50162:2004). The results of this modelling (and mitigation, if required) will be submitted for the prior written approval of Scotland Gas Networks and the Planning Authority before any work commences on site. Reason: In the interest of worker safety and to safeguard the integrity of the adjacent SGN pipeline Biodiversity and Trees 3. All trees on site, other than those marked for felling on the approved plans, shall be retained. Reason: In the interests of protecting environmental quality and of biodiversity 4. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document 25 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 5. An updated ecology survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the ecology survey
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approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. 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). 6. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150mm outside diameter being blanked off at the end of each working day. 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). 7. Prior to the commencement of the development hereby approved, a Site Biodiversity Action Plan including the location, quantity, specification and maintenance requirements for the recommended biodiversity enhancement measures within the supporting biodiversity survey submitted and hereby approved (document 25 relates) shall be submitted for the further written agreement of the Council as Planning Authority. It shall include: a) Species rich hedgerow and woodland planting. b) Species rich wetland planting within the SUDs design and between the pond and BESS site. c) Enhancement of suitable habitat for badgers by planting trees and hedgerows along site boundaries and leaving undeveloped areas within the site boundary as rough grassland d) A section on artificial lighting of site boundaries (both during construction and operation) including positioning of cowls, or timers to prevent spill on to woodland edges, hedgerows and watercourses. e) At least five Schwegler 1F bat boxes and one barn owl box f) Commitment to submit all species records from ecological survey reports to NBN Gateway. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development. 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).
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Environmental Health 8. 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 interest of residential amenity. 9. 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. 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 10. 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 11. 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. Flood and Drainage 12. Development shall not commence on site until a detailed sustainable urban drainage system (SUDS) has been submitted for the written agreement of the Council as Planning Authority, in consultation with SEPA where necessary. The scheme shall be developed in accordance with the technical guidance contained in The SUDS Manual (C753) and the Council’s Flood Risk and Flood Risk Assessments Developer Guidance and shall incorporate source control. All works shall be carried out in accordance with the agreed scheme and be operational prior to the bringing into use of the development. Reason: In the interests of best practice surface water management; to avoid undue risks to public safety and flood risk.
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13. Storm water drainage from all paved surfaces, including the access, shall be disposed of by means of suitable a Sustainable Urban Drainage System to meet the requirements of best management practices. Reason: In the interests of best practice surface water management; to avoid undue risks to public safety and flood risk. Private Water Supply 14. Prior to the commencement of the development hereby approved, details of the location and measures proposed for the safeguarding and continued operation, or replacement, of any septic tanks and soakaways, private water sources, private water supply storage facilities and/or private water supply pipes serving properties in the vicinity, sited within and running through the application site, shall be submitted to and approved in writing by the Council as Planning Authority. The subsequently agreed protective or replacement measures shall be put in place prior to the development being brought into use and shall thereafter be so maintained insofar as it relates to the development hereby approved. Reason: In the interest of residential amenity and water quality. Roads and Transportation 15. Prior to the commencement of the development hereby approved, full visibility splays, as detailed in the Transport Statement, shall be provided along the channel line 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 interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 16. Prior to commencement of any development on site, a detailed design for the passing place and vehicle accesses on the U75 shall be submitted to and approved in writing by the Planning Authority in consultation with the Roads Authority. The passing place and vehicle access, as approved in writing, shall be constructed prior to any construction works taking place on site, in accordance with the approved details. Reason: In the interests of road safety and free flow traffic. 17. The Construction Traffic Management Strategy provided as part of the application, and hereby approved, shall be adhered to at all times throughout the development
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Reason: In the interests of road safety Facility Lifespan 18. In the event the hereby approved development fails to 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. Archaeology and Cultural Heritage 19. 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 Reason: In the interest of protecting archaeological interest within the site. 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
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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 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. 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
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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 10. 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. 11. 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. • Readily visible to the public. • Printed on durable material. 12. 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. 13. 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. 14. 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.
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15. The appointed contractor should liaise with Stirling Council to raise these works on the Scottish Road Works Register and provide confirmation of such to the Road Authority (Perth and Kinross Council). 16. It is noted that a geo-environmental report submitted as part of the application recommends chemical analysis of soils as a precautionary check. Should any contamination be identified the Land Quality team should be contacted on 01738 475000 or contaminatedland@pkc.gov.uk for further advice. 17. The applicant should note the site access requirements contained in the guidance note - National Fire Chiefs Council’s guidance for Battery Energy Storage Systems. Background Papers Letters of representation 0 Authors Name Designation Contact Details Alan Atkins Planning Officer (Major) 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Kristian Smith Service Manager (Development Management and Building Standards) 25 June 2026