26/00501/Flm
Perth and Kinross Council · 14 October 2026
Back to Planning and Placemaking Committee — 14 October 2026 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee - 14 October 2026 Report of Handling by Development Management and Building Standards Service Manager (Report No. 26/281) Proposal: Formation of permanent and temporary access tracks, temporary bellmouth junctions and construction/laydown compounds and associated works Location: Land 350 metres west of Studio Cottage, Tummel Bridge, Pitlochry, PH16 5SB Ref. No: 26/00501/FLM Ward No: P4 - Highland Summary The application proposes approximately 1.7 km of permanent access track, two associated temporary laydown / compound areas, two temporary junction bellmouths, the widening of two sections of existing access track and construction of two sections of temporary access track between the existing Errochty substation and the new Kinardochy substation. This report recommends approval of the application 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. Background and Description of Proposal 1 The application relates to proposed tracks, junctions, compounds and other works associated with wider work related to substations at Errochty and Kinardochy. The overall project related to Scottish and UK Government’s Net Zero climate change targets and are part of significant investment in new transmission network infrastructure to transport renewable energy and reinforce the network. 2 The proposed access tracks and associated works will facilitate the installation of a double circuit 132 Kv underground cable (UGC) between the Errochty and Kinardochy substations, south of Tummel Bridge. The UGC work itself permitted development. The area is characterised by above-ground, electrical Infrastructure within otherwise: open moorland used primarily for rough grazing,
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commercial forestry plantation, native woodland planting and agricultural ground. There are no core paths or statutory designations within the site boundary. In terms of archaeology and cultural heritage, the main asset is the Tom Beithe Military Road (MPK 1783), a well-preserved example of a military road, with sections of road surface still exposed. Furthermore, the kiln associated with Tombreck Township (MPK8855) is located nearby. 3 The key components comprise: • 7km of permanent stone access track; • 136m of temporary access track (north); • 107m of temporary access track (south), • 462m of existing track widening (north); • 406m of existing track widening (south); • Two temporary bellmouth junctions off the B846 public road; • A temporary laydown / construction compound (north) approximately 80m x 50m • A temporary laydown / construction compound (south) approximately 89m x 54m, and the reinstatement of temporary elements. Compounds would see elements such as EV charging, generators, offices, toilets, canteens, toilets, showers, fuel tanks, skips, etc. 4 In addition, a small section of temporary stone access track is required to facilitate a temporary diversion of an existing access to a residential property (Tombreck Cottage) during the construction period. Two temporary bellmouth junctions are also required to facilitate construction traffic off the adjacent B846. In addition, two temporary construction compounds would provide office and welfare facilities, parking, laydown areas, and holding and servicing space for construction plant. 5 Following the completion of the substation works, all temporary construction areas will be reinstated, including landscaping which comprises a grass centre strip and reseeding of the edges of the permanent track. Furthermore, compensatory planting will be undertaken to ensure that an equivalent area of woodland will be planted to what is being proposed to be felled. Site History 6 21/00215/FLN – Planning Permission was granted on 30 August 2021. For a National Scale proposal for the installation of an electricity substation and ancillary buildings, formation of a vehicular access and track, hardstanding/platform areas, landscaping and associated works | Land 1100 Metres North Of Braes Lodge, Foss 21/01808/FLL – Planning permission was approved on 9/12/21 for the formation of a site compound, associated welfare office and storage facility, parking and associated works for a temporary period, at land 250m south-west of Baluain, Tummel Bridge.
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23/00526/FLL - Planning permission was approved on 5/07/23 for the erection of 2 transformers, a control building, associated plant and infrastructure, ancillary facilities, laydown areas, temporary construction compound, siting of temporary welfare/site office units, landscaping and associated works, at land 350m west of Studio Cottage Tummel Bridge Pitlochry. 24/00011/PAN - Submitted on 23.10.2024 for proposed access tracks, bellmouth junctions, a short section of temporary access track and two temporary construction compounds. Closed on 4.11.2024. The details of the proposed public consultation were considered acceptable. 25/00006/PREAPM - Pre-Application advice was sought and provided (15/05/2026) in relation to the development of a permanent stone access track to facilitate the installation of a 132 kV underground cable. Also, ancillary infrastructure required during the construction: two temporary bellmouth junctions, two temporary construction compounds and a small section of temporary stone access track, at Land 350m west of Studio Cottage, Tummel Bridge, Pitlochry. Environmental Impact Assessment 7 The proposal in itself is not EIA development, as it is not listed within Schedule 1 of the EIA Regulations and an EIA Report has not been submitted. The parallel provision of the Kinardochy Substation (being a key element of part of the Beauly to Denny line) was a National Development and as such was required to be accompanied by an EIA at the time of the consideration of that application. The scale of works associated with the access track provision, bellmouth upgrades, and set down areas in this instance, are a separate aspect for the intervening line upgrade, between the Kinardochy and Errochty sub stations, which is itself permitted development. Pre-Application Consultation 8 Pre application Reference: 25/00006/PREAPM 9 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. 10 A Proposal of Application Notice (PAN) was submitted to the Council on 22 October 2024, triggering the beginning of the statutory consultation period. The PAN outlined the application details, dates of public events and publicity arrangements. A first public consultation event (November 2024) saw newspaper notices published in The Scotsman and Perthshire Advertiser on 15 November 2024. A second PAN was submitted on 24 April 2025 to confirm a revised date and venue. A second public consultation event (PAC Event 2), saw newspaper notices were published in The Scotsman on 1 May 2025 and Perthshire Advertiser on 29 April 2025. In addition, public consultation posters were
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circulated via email to the Killiecrankie, Fincastle and Tummel Community Council for sharing within their communities. 11 The event was held at Kynachan Village Hall on Tuesday 26 November 2024, between 2 – 7pm. This provided an opportunity for all interested parties to view information about the proposed development, ask questions, and provide feedback. The second event was on Monday 12 May 2025 between 4 – 7pm, again at Kynachan Village Hall. This event gave feedback on comments received and a further opportunity to view information, ask questions, and provide feedback. Development Plan 12 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 13 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. 14 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 5: Soils • Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 11: Energy • Policy 14: Design, Quality and Place • Policy 22: Flood Risk and Water Management • Policy 29: Rural Development Perth and Kinross Local Development Plan 2019 15 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.
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16 The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 8: Rural Business and Diversification • Policy 15: Public Access • Policy 26A: Scheduled Monuments • Policy 26B: Archaeology • Policy 31: Other Historic Environment Assets • Policy 35: Electricity Transmission Infrastructure • Policy 38B: National Designations • Policy 39: Landscape • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • Policy 41: Biodiversity • Policy 47: River Tay Catchment Area • Policy 50: Prime Agricultural Land • Policy 51: Soils • Policy 53A: Water Environment and Drainage: Water Environment • Policy 53C: Surface Water Drainage • Policy 56: Noise Pollution • Policy 58A: Contaminated Land • Policy 60A: Transport Standards and Accessibility Requirements: Existing Infrastructure Statutory Supplementary Guidance • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Landscape( (adopted in 2020) • Supplementary Guidance - Placemaking( (adopted in 2020) Other Material Considerations PKC Non Statutory Guidance • 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 17 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.
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Planning Advice Notes 18 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: Creating Places 2013 19 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 20 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving all streets including parking provision. Local Place Plans 21 Local Place Plans are community-led plans setting out proposals for the development and use of land and set out a community’s aspirations for its future development. In this instance, the application site does not lie within an area covered by a Local Place Plan. Consultations 22 As part of the planning application process the following bodies were consulted: External 23 Historic Environment Scotland (HES) - No objection. Note that the application should be determined in accordance with national and local policy, together with related policy guidance. 24 Scottish Forestry - No objection, subject to an informative requesting that the felling of six semi-mature birch trees should be avoided and a condition requiring compensatory planting. 25 Perth and Kinross Heritage Trust (PKHT) - No objection, subject to conditions relating to a programme of archaeological works and protective fencing around Tombreck Kiln. 26 Scottish Water - No objection. However, advise their records indicate potential impact on existing Scottish Water assets. As such, the applicant should contact the Asset Impact Team via the Customer Portal. Furthermore, written permission must be obtained before any works are started within the area of any Scottish Water owned apparatus.
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27 It is also advised that Scottish Water records indicate that the works fall within a drinking water catchment where a Scottish Water abstraction is located, which should be made evident in all future documentation. In addition, anyone working on site should be made aware of this. 28. Ministry of Defence (MOD) - No objection. Advise the proposals fall outside MOD safeguarded areas and do not affect other MOD interests. Internal 29 Environmental Health (Contaminated Land) - No objection. Advise historic records do not raise any concerns regarding ground contamination and, therefore, there are no adverse comments to make on the application. 30 Environmental Health (Noise Odour) - No objection. There are no adverse comments in relation to the application. 31 Development Contributions Officer - The proposal is not subject to the terms of the Developer Contributions and Affordable Housing Supplementary Guidance. 32 Community Greenspace - No objection. There are no specific comments or concerns in relation to this planning application. 33 Transportation and Development - No objection, subject to conditions relating to the design of the proposed access and visibility splays. An informative is recommended to ensure that any road opening is consented. 34 Structures and Flooding - No objection, subject to a condition relating to SuDS. 35 Biodiversity Officer - No objection, subject to conditions relating to biodiversity, compensatory planting, an updated Ecology Report, the appointment of an ecological clerk of works, a Site Biodiversity Action Plan, and a Peat Management Plan. 36 Private Water Supply Team - No objection, subject to a condition requiring measures to safeguard any private water supplies. Representations 37 No representations were received. Additional Statements Screening Opinion Submitted. EIA not required Environmental Impact Assessment (EIA): Environmental Assessment Report Not required Not required Habitat Regulations Assessment Submitted
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Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact e.g. Flood Risk Assessment Not required Appraisal 38 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 39 The key determining policy issues include: the principle of the development and its contribution towards renewable generation targets/net zero agenda, (Policies 33 and 35 of the LDP2 and Policies 1 and 11 of the NPF 4), landscape/visual impact and recreational interests/access, (Polices 15 and 39 of the LDP2) impacts on/from flooding and the water environment (Polies 52 and 53A of the LDP2 and Policy 22 of the NPF4) biodiversity/ecological impact (Policies 40 and 11 41 of the LDP2 and Policy 3 of the NPF4) and transport (Policy 60A of the LDP2 and Policy 13 of the NPF4). 40 The proposal is for temporary and permanent access tracks, and associated works, between the existing Errochty substation and the new Kinardochy substation. The wider substation proposals related to Scottish and UK Government Net Zero climate change targets which see significant increases in renewable generation, requiring greater capacity across the UK grid. As such, significant investment in new transmission network infrastructure to transport renewable energy and reinforce the network is required. The Proposed Development will facilitate the construction of a key component of a critical expansion of the transmission network (substation) to enable renewable connections and transmission of energy to the wider electricity network. 41 Furthermore, this wider electricity network infrastructure is designated as a National Development and explicitly supported by NPF4 under the provisions set out in Policy 11(a)(ii): Energy. The proposed development is also considered to be acceptable in relation to all of Policy 11’s environmental and technical topic criteria. In light of this, there are no concerns with the principle of the proposed development as it is considered to be required and appropriate in this locality. The following report will assess the proposals against all other relevant NPF4 and LDP2 policies, which are listed above.
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Design and Layout 42 LDP2 Policy 1A: Placemaking requires new development to positively contribute to the quality of the surrounding built and natural environment. It further requires consideration against a series of place making criteria (Part B). On this basis, the physical nature of the proposal in terms of design, layout, and physical characteristics must also be considered. 43. NPF4 Policy 14 focuses on design, quality and placemaking. It requires that development proposals improve the quality of an area, whether in urban or rural locations, and be consistent with the six qualities of successful places: Healthy, Pleasant, Connected, Distinctive, Sustainable, and Adaptable. Developments that harm the amenity of surrounding areas or fail to meet these qualities will not be supported. 44 Design principles have been adopted to ensure the proposed development is sited and designed as sensitively as possible, taking into account the environment and the context in which it sits. The layout and design of the proposals have been influenced by the potential impacts on sensitive receptors and features within the surrounding environment. Potential sensitive receptors within the study area are those where physical or perceptual effects may result as a consequence of the proposed development. 45 The two most sensitive receptors are forestry and ornithology. However, as noted above, the design has sought to avoid the most sensitive areas of ancient woodland, with no areas being affected by the proposals. In terms of any impact on ornithology, mitigation has been provided, including a Construction Environmental Management Plan (CEMP), which will include measures to protect ornithological features: a pre-construction nesting bird check, and habitat reinstatement / landscape planting which could provide alternatives to that impacted. Furthermore, it is not predicted that there will be any long-term residual effects on breeding birds. 46 It is considered that the applicant has given careful consideration to the siting, design, layout and access of the proposed development to ensure that it is designed sensitively for the surroundings. The design seeks to minimise the impact on the surrounding environment, whilst satisfying technical requirements and functionality. Existing infrastructure has been utilised as much as possible, which has limited the need for new tracks. The proposed development will also support the delivery of sustainable development, reaching net zero targets, and increased transmission of renewable energy. 47. Furthermore, the proposed temporary laydown / construction compounds will include office and welfare facilities for staff, parking, laydown areas, and holding and servicing space for construction plant. The compounds are approximately 80m x 50m and 89m x 54m and will be removed on completion of works and the land restored. Following an assessment of the proposed layout and design, it is considered that the proposals are in accordance with LDP2 Policy 1A, and NPF4 Policy 14.
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Landscape and Visual Amenity 48 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. 49 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. The Loch Tummel National Scenic Area (NSA) adjoins the B846 to the east of the proposed development, and the Loch Rannoch and Glen Lyon NSA is situated 1.5 km east to southeast. Given the distance from these NSA’s, it is not considered that the proposed development will have any adverse impacts on the character and appearance of these natural heritage assets. 50 The proposals are located within a landscape character of very few settlements, with existing minor tracks used for sporting, forestry and recreation access. There are also newer, more visible tracks used for access to wind farms, pylon construction, and forestry. Overall, the application site and surrounding area have a remote and wild character. 51 The area also sees existing transmission infrastructure, i.e. overhead lines, substations and associated tracks, which are significant components of the existing landscape. The choice of route and design for the proposed access tracks has been developed such that their length and impact are minimised. Furthermore, the proposed tracks are similar in form to existing access tracks, associated with other infrastructure in the surrounding landscape. Therefore, given that there are existing industrial elements in the surrounding landscape, the proposed access tracks will not result in a significant further impact. 52 There are clusters of residential properties throughout the landscape, primarily associated with farm steads. Tummel Bridge is the only village with potential to be impacted and is c.300m to the north/northwest. Tummel Bridge comprising a series of semi-detached, terraced and detached houses south of the River Tummel and a holiday park to the north. Overall, given the distances involved and the temporary nature of the much of the proposed works, there are no predicted significant effects on communities or individual dwellings because of the proposed development. 53 Overall, it is considered that the proposals would contain features already evident and frequently observed in the landscape and visual context of the surrounding
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area, such forestry and farm access tracks. As a result, it is not considered that the proposals would unacceptably comprise the landscape experience of any visitors to the area or see any unacceptable adverse impact on the surrounding landscape and its visual amenity. 54 Full reinstatement of grassland and compensatory tree planting will be carried out within the next planting or seeding season following construction works, using locally appropriate species. This will amount to at least the equivalent in woodland area to what is proposed to be felled. In light of the above, the proposed development is considered to be in accordance with LDP2 Policy 39 and NPF4 Policy 4. 55 LDP2 Policy 56 relates to noise pollution and presumes against development which generate high levels of noise near noise sensitive land uses and vice versa. In this regard construction noise will be managed via a Construction Environmental Management Plan (CEMP) via Condition 14. The CEMP will include measures required to control noise and dust during the construction phase including the two temporary compound areas. Furthermore, the CEMP includes workings hours of 0700 – 1900 Monday to Friday, 0800 – 1300 Saturday, with no noise generating works taking place on a Sunday. Overall, PKC Environmental Health Team (noise and odour) have no objections or adverse comments to make regarding the proposed development. It is, therefore, considered, subject to condition, the proposed development is in accordance with LDP2 Poloicy 56. Roads and Access 56 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. 57 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. 58 In this instance, the construction and operation of the proposed development is not considered to give rise to any significant adverse effects in terms of public access or use of undesignated paths or tourist traffic routes. 59 The primary access from the public road would be via the two new temporary bell mouths off the B846 at Tummel Bridge. The first adjacent to the Errochty Substation and the second approximately 1km further south along the B846. Permanent stone access tracks are required to facilitate the installation of the underground cable (UDC) and allow access to UGC joint bays for operation and maintenance purposes. A section of temporary stone access track (north) is required, to provide construction access, between the temporary bellmouth leaving the B846 and the northern temporary construction access. A further
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section of temporary stone access track is required to facilitate the temporary diversion of an existing access to a residential property during construction. 60 All temporary access tracks will be removed on completion of the works and the areas reinstated. Two additional sections of existing track will require temporary widening to facilitate the installation of the UGC. These widened sections of tracks will be removed upon completion of the works and the areas reinstated. 61 The two bellmouth junctions off the B846, a 60mph speed limited, and 215m visibility splays are required by Roads colleagues. The submitted plans only indicate 160m splays, with no justification to justify this reduction. This being the case, Condition 11 has been included and a further condition (Condition 10) to ensure accordance with the Council’s Road Development Guide. In light of the above, and subject to condition, it is considered that the proposed development is in accordance with LDP2 Policies 15 and 60A. Drainage and Flooding 62 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. 63 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. 64 In this instance, the proposed access tracks are located out with areas shown to be at medium or high fluvial flood risk. However, the proposed works could affect surface water runoff and overland flow paths, particularly during construction. No detailed drainage design has been submitted. In light of this, a condition has been included (Condition13) to ensure that details of the proposed SuDS scheme are submitted prior to development commencing. Furthermore, all tracks and temporary compounds should include appropriate drainage measures to intercept and safely discharge surface water without increasing flood risk elsewhere. Any new or modified watercourse crossings, such as where the permanent access track crosses a tributary of the Alt Kynachan burn, must be designed to accommodate at least the 1 in 200-year event plus climate change, and include appropriate allowance for debris as well as avoiding increasing flood risk upstream or downstream. 65 A further condition (Condition 12) has been included to ensure the safeguarding of any private water supplies. The proposed access tracks are located outwith areas that are shown to be at medium or high fluvial flood risk, and the design of appropriate drainage measures have been covered by condition. In light of the above, and subject to conditions, the proposed development is considered to be in accordance with LDP2 Policy 52, and NPF4 Policy 22.
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Conservation and Cultural Heritage 66 Polices 26A and 26B of the LDP2 and Policy 7 of NPF4 are relevant policies in respect of conservation and cultural heritage matters. 67 The assessment of effects on cultural heritage assets, considered in the paragraphs below, has determined that no significant adverse effects are predicted post-mitigation. The proposed mitigation being set out in Chapter 8 of the EA Report, and centres upon protection of known assets, and a watching brief to record any currently unknown assets. 68 One of the most vulnerable assets is the Tom Beithe Military Road (MPK1783). Given the nature of the remains, which are visible across the landscape, a field survey prior to any physical excavations should be submitted. PKHT have recommended that this is covered under a programme of works and should also include an evaluation of suitable areas for potential unknown buried remains, based on topography/ context etc. Overall, PKHT agree in principle with the proposed mitigation, but this will need to be detailed in a Written Scheme of Investigation (WSI). (Condition 2) Condition 3 is included to ensure that protective fencing is erected to ensure no accidental damage during construction works to the kiln associated with Tombreck Township (MPK8855), a good example of an 18th century Scottish farmstead. 69 In light of the above, and subject to conditions, the proposed development is considered to be in accordance with Polices 26A and 26B of the LDP2 and Policy 7 of NPF4 Natural Heritage and Biodiversity 70 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 and to inform this, best practice assessment methods should be used. 71 NatureScot guidance states that NPF4 Policy 3 requires that proposals demonstrate significant biodiversity enhancement, in addition to any proposed mitigation. Enhancement can only be considered as such when it is over and above the measures required for mitigation and compensation. 72 In this instance, the submitted information states that Biodiversity Net Gain Assessment will be provided with a commitment to deliver 10% net gain. This has not been submitted, and therefore, a condition has been included to ensure that a habitat management and biodiversity enhancement plan is submitted for approval prior to development commencing (Condition 7). Furthermore, Scotland does not yet have a biodiversity net gain metric and so to be in accordance with
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NPF4, the applicant must demonstrate how significant biodiversity enhancement will be achieved. A further condition (Condition 4) has been included to ensure that the conclusions and recommended action points of the submitted Biodiversity Study are adhered to in full. 73 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. Furthermore, NPF4 Policy 4 (f) 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. 74 The submitted Environmental Assessment (EA) has considered the effects on European sites designated for nature conservation, and no residual effects are predicted. The proposed development is noted as having potential connectivity with the River Tay SAC. As a result, a Habitats Regulations Appraisal (HRA) has been undertaken. This considers the potential impacts in further detail, with regards to the conservation objectives, supporting habitats, site integrity, and any likely significant effects on the SAC. It is considered that the proposed development will not adversely affect the integrity of the River Tay SAC, in view of the site conservations objectives, subject to the mitigation measures outlined. However, an updated Ecology Survey is required, which has been covered by the inclusion of Condition 5. 75 The Proposed Development lies within 75m of the River Tummel which forms part of the River Tay Special Area of Conservation (SAC). In addition, tributaries which share ecological and hydrological connectivity with the SAC flow through the site, notably Allt Kynachan. Construction works are to take place within relative proximity to these locations, and therefore, there is potential for pollution incidents to result in indirect impacts on the SAC. Associated measures within a CEMP, including actions to reduce lighting, will mitigate the impacts on the River Tay SAC and nocturnal species. A further condition (Condition 6) has been included relating to the appointment of an Ecological Clerk of Works. This is to ensure that all construction works that may, potentially, adversely affect the environment are carried out according to the relevant planning conditions. 76 Given that the proposed development will cross through areas of peatland. A Peat Management Plan (PMP) is required to be agreed prior to the construction phase. (Condition 8) 77 LDP2 Policy 40: Forestry, Woodland, and Trees requires that Tree Surveys should accompany applications where the site contains trees, with a presumption of protecting woodland resources.
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78 However, no works will take place within areas designated as Ancient Woodland. Although to allow this development to proceed, a possible felling of 0.13 ha of woodland or young trees, mainly scrub, bog myrtle, willow and birch is required. Particularly approximately six semi mature birch are present at the western extent of the proposed felling area. The submitted information states that the applicant is committed to providing compensatory planting of equivalent woodland area with at least the equivalent woodland-related net public benefits. 79 Compensatory tree planting is required on a ratio of 1:3 for every tree lost/area of woodland removed, as set out in the PKC Planning for Nature Supplementary Guidance. To ensure that this is achieved, Condition 9 has been included. 80 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. A Biodiversity Net Gain (BNG) Assessment is being undertaken and will be provided to support the application once completed. The applicant is committed to delivering 10% net gain in all projects. 81 In light of the above, and subject to conditions, the proposed development is considered to be in accordance with LDP2 Policies 40 and 41 and NPF4 Policies 3 and 4. Developer Contributions 82 Not applicable to this application Economic Impact 83 The economic impact of the proposal in isolation is likely to be limited to the construction works. However, the proposals form part of several other major network upgrades planned in the north of Scotland, and link with a Great Britain wide programme to meet UK and Scottish Government energy targets. There is a strong expectation from Government and Ofgem that these projects will be delivered by 2030. Specifically, these projects are needed to deliver the Government’s 2030 renewable targets as set within the British Energy Security Strategy (BESS) (April 2022). This overall scheme of works is likely to have significant economic benefits in relation to both the construction and operational phases. Variation of Application Under Section 32A 84 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 roads and transportation, in terms of the proposed visibility splays. Planning Obligations and Legal Agreements 85 None required.
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Direction By Scottish Ministers 86 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 87 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 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 by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the
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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. 3. Prior to the commencement of the development hereby approved, protective fencing shall be erected around MPK8855; incorporating an appropriate buffer, insofar as the land lies within the control of the applicant and/or developer, in a manner and for a time period to be agreed in writing in advance with the Council as Planning Authority in consultation with Perth and Kinross Heritage Trust (PKHT). No development shall take place within the area inside that fencing without prior written agreement of the Council as Planning Authority in consultation with PKHT. Reason - In the interest of protecting archaeological interest within the site. Biodiversity and Ecology 4. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document 76 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 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. Prior to the commencement of the development hereby approved, a suitably qualified, experienced, and independent Ecological Clerk of Works (“ECoW”) shall be appointed prior to the commencement of construction works to ensure that all construction that may adversely affect the environment is undertaken according to planning conditions, the CEMP, HRA and to best practice guidelines. The ECoW shall attend site once every four weeks, during the construction phase, and report to the client group. Any significant breaches of best practice and/or legislation should be reported directly to the Planning Authority. The ECoW should undertake the monitoring watercourse required as part of the Project’s construction phase and provide information for inclusion within the Site Induction Information and undertake regular and on-going toolbox talks to operatives as required.
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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 indicating location, quantity, specification and maintenance requirements for compensation and biodiversity enhancement measures shall be submitted for the further written agreement of the Council as Planning Authority. It shall include all habitat types: a) Habitat area being lost to allow development to proceed. b) Habitat area being created as compensation for losses. c) Habitat area being created as biodiversity enhancement over and above compensation d) Biodiversity enhancement measures over and above the measures required for compensation. The plan shall include a commitment to submit species e) records found during the survey to the NBN Gateway. Thereafter, the agreed scheme shall be implemented in full and 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). 8. Prior to the commencement of the development hereby approved, a Peat Management Plan shall be developed with input from the environmental representative and shall be submitted for the further written agreement of the Council as Planning Authority. Thereafter, the recommendations and conclusions of the plan shall be implemented in full Reason - In the interests of protecting environmental quality and of biodiversity 9. No forestry works, associated with the construction and operation of the Development, shall commence until a Compensatory Planting Plan (“CPP”) has been submitted to and approved in writing by the Scottish Ministers (in consultation with the Planning Authority and Scottish Forestry. The CPP shall provide for the planting of woodland commensurate with the level of woodland that has been felled (anticipated to be approximately 0.39 hectares). The CPP shall comply with the requirements set out in the UK Forestry Standard and the guidelines to which it refers, or such other replacement standard agreed by the Planning Authority. The CPP shall include: a) details of the location of the area to be planted; b) the nature, design and specification of the proposed woodland to be planted; c) the phasing and associated timescales for implementing the Replanting Scheme;
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d) proposals for the maintenance of the Replanting Scheme, including annual checks, replacement planting, fencing, ground preparation and drainage; and e) proposals for reporting to the Planning Authority on compliance with timescales for obtaining the necessary consents and implementation of the Replanting Scheme. The approved Replanting Scheme shall be implemented in full, unless otherwise agreed in writing by the Planning Authority. Reason - To secure compensatory planting to mitigate the effects of deforestation arising from the proposed development. Roads and Transportation 10. Prior to the commencement of the development hereby approved, full visibility splays of 215 metres along the channel line shall be provided and maintained to the left and right of the access, at a setback 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. 11. Prior to the development hereby approved being completed or brought into use, the vehicular access shall be formed in accordance with Perth & Kinross Council's Road Development Guide Type D Figure 5.7 access detail. The vehicular access shall be formed using Type B Road construction detail. The Type B Road construction detail shall continue to the entrance for a minimum of 15 metres from the boundary of the public road surface. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. Water Supply, Flooding and Drainage 12. 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
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thereafter be so maintained insofar as it relates to the development hereby approved. Reason - In the interests of best practice surface water management; to avoid undue risks to public safety and flood risk. 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. Construction Environment Management Plan (CEMP) 14. 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. Furthermore, the hours of construction activity shall be restricted to between 0700 hours and 1900 hours Monday to Saturday only, with no operations permitted on Sundays. The CEMP shall include: • detailed environmental mitigation measures and construction method statements, including specific measures for environmental monitoring during construction. • detailed pollution avoidance and mitigation measures for all construction elements. • measures to protect ornithological features, • a pre-construction nesting bird check, and • habitat reinstatement / landscape planting which could provide alternative habitat to use by nesting birds Thereafter, the recommendation and conclusions of the CEMP shall be implemented in full. Reason: In the interests of protecting environmental quality and biodiversity; to ensure no adverse impact on the construction environment and residential amenity. Materials and Design 15. For the avoidance of doubt, the proposed access tracks shall be constructed in full accordance with the approved Site Layout Plan (Document 82 relates) Reason - In the interest of visual amenity.
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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. 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/. 2. 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. 3. Works likely to impact protected species should not commence until the applicant has obtained the relevant licence issued by NatureScot authorizing the specified activity/development to go ahead. 4. 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. 5. 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. 6. The applicant shall ensure the private water supply for the 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.
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7. 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. 8. 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. 9. An application for a Building Warrant may be required. 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. • 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
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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. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 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 Development Management & Building Standards Service Manager 02/10/26