24/01386/Flm
Perth and Kinross Council · 14 May 2025
Back to Planning and Placemaking Committee — 14 May 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Perth and Kinross Council Planning and Placemaking Committee – 14 May 2025 Report of Handling by Development Management and Building Standards Service Manager (Report No. 25/117) Proposal: Formation of a 49.9MW battery energy storage facility comprising battery storage units, ancillary buildings and equipment, access road and associated works Location: Land 200 metres north of Pitcurran House, Newburgh Road, Abernethy, Perth, PH2 9LH Ref. No: 24/01386/FLM Ward No: P9- Almond and Earn Summary 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 is for a Battery Energy Storage System designed to deliver up to 49.9MW of electricity. A new access track will be required to access the site. 2 The purpose of a Battery Energy Storage System is to store excess of energy on the grid at peak of generation moments and release energy at peak demand moments of the day. Allowing a balancing mechanism that the grid requires to allow the new renewable energy generators across the country in their intermittent generation line. The energy generated is fed directly into the national electricity grid, with the point of connection to the grid being an underground 33kV cable that runs below the fields and unnamed road into the Abernethy Primary Substation, which is approximately 300m to the east of the site. 3 The proposed application site is located on part of an arable field located at Balgonie Farm, east of Abernethy, 300m to the west of the existing Abernethy substation. The site 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. It is located to the immediate north of the transport corridors of the Perth to Ladybank
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Railway Line and A913, which runs from the outskirts of Perth to Cupar Angus in the east. To the south the land rises to the Ochil Hills. 4 The site itself comprises the south western part of a regular medium-scale arable field. The eastern boundary is formed by a hedgerow which separates the site from the adjacent field. The southern boundary is formed by a small embankment along the railway line and is vegetated with scattered scrub cover. To the north and the west the site boundaries are undefined on the ground. Furthermore, there are no specific landscape features within the application site. The access for the proposed construction route is to/from the M90 to the west via Ferryfield Road, the A913 and the A912. A new access track is required which is approximately 5metres at maximum width, finished in gravel with associated drainage ditches. This access track will connect to the existing road at Jamesfield. Site History 5 01/01389/FUL Full Planning Permission was approved on 14 November 2001 for the erection of an organic produce processing unit with visitor centre, shop and restaurant. 6 02/01804/FUL Full Planning Permission was approved on 22 January 2003 for the erection of an organic produce processing unit with visitor centre shop and restaurant. 7 07/02207/FUL Full Planning Permission was approved on 7 May 2008 for a part change of use to form a children’s nursery at first floor level. 8 13/00438/FLL Full Planning Permission was refused on 31 October 2014 for the erection of an agricultural shed. 9 17/01304/FLL Full Planning Permission was approved on 3 November 2017 for a change of use of upper floor from ancillary storage and nursery (class 10) to mixed use (classes 1, 2, 4, 6 and 10) in part retrospect. 10 24/00003/PAN On 20 March 2024 for the formation of a battery energy storage facility and associated works. 11 24/00004/PAN On 26 April 2024 for the formation of a 49.9MW battery energy storage facility and associated works. 12 24/00580/SCRN On 6 May 2024 for the Installation of 49.9MW stand-alone battery electricity storage system and ancilliary equipment to connect to the grid at Abernethy Substation.
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Environmental Impact Assessment 13 An EIA screening has been undertaken. The proposal being a Schedule 2 development in terms of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. In the case of these regulations, prohibition is given to the granting of planning permission to “EIA development” unless an environmental impact assessment has been undertaken. In this case the Council has taken the opinion that it is not 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 namely: noise, landscape and visual amenity, trees and biodiversity, roads and transportation and flood / drainage matters. Pre-Application Consultation 14 Pre application Reference: 23/00031/PREAPM. 15 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. 16 The objective of the community involvement and engagement phase is to inform and engage with the local community and stakeholders, in order to ensure local people are aware of the proposal and have the chance to find out more and express their views and concerns. 17 A Proposal of Application Notice was submitted to Perth and Kinross Council on the 9th April 2024. The reply was received on 26th April 2024 confirming that the proposed consultation process was accepted. This was also sent to Abernethy Community Council and all Ward Councillors by email on the 11th March 2024. 18 Two in person public exhibitions were staged in The Williamson Hall, Abernethy on the 22nd April 2024 and the 22nd May 2024, to inform local residents about the proposals. In addition, more than 768 households and local businesses were directly informed of the exhibitions via a leaflet mailout or door drop on the 11th April 2024 and the 7th May 2024 (this included all households within a 2 km radius of the site) Adverts were placed in the Perthshire Advertiser, and were published on the 9th April 2024 and 10th May 2024. 19 Furthermore, two leaflets providing information on the proposal were mailed to 768 households and local businesses on the 11th April 2024 and the 7th May 2024. This mailout included all properties within a 2 km radius of the site. Two adverts were placed in the Perthshire Advertiser providing information on the proposal. This was published on the 9th April 2024 and the 10th May 2024, and invited local residents to attend to the public exhibition events.
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Development Plan 20 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 21 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. 22 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 11: Energy Policy 29: Rural Development Perth and Kinross Local Development Plan 2019 23 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. 24 The principal relevant policies are, in summary: Policy 1A: Placemaking Policy 1B: Placemaking Policy 5: Infrastructure Contributions Policy 6: Settlement Boundaries Policy 8: Rural Business and Diversification Policy 26A: Scheduled Ancient Monuments and Archaeology Policy 26B: Archaeology Policy 33A: New Proposals for Renewable and Low Carbon Energy Policy 34C: Energy Sources / Storage Policy 35: Electricity Transmission Infrastructure
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Policy 39: Landscape Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity Policy 42: Green Infrastructure Policy 50: Prime Agricultural Land Policy 51: Soils Policy 52: New Development and Flooding Policy 53A: Water Environment and Drainage: Water Environment Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 56: Noise Pollution Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 25 Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Landscape (adopted in 2020) PKC Non Statutory Guidance 26 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 27 The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 28 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 29 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
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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 30 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 31 As part of the planning application process the following bodies were consulted: External 32 Health and Safety Executive (HSE) - No objection. 33 Transport Scotland - No objection to the proposed development. 34 Network Rail - Initially objected to the proposed development. Additional information is required to fully assess the impacts of the development on the adjacent railway. To allow Network Rail’s Fire Safety Engineer to fully assess the proposal, the applicant must submit a site-specific Battery Safety Management Plan. Network Rail has now reviewed additional information supplied by the applicant, and are now content to remove the holding objection, subject to conditions relating to the submission of a site-specific Battery Safety Management Pan, the submission of further fire safety information and a surface and foul water drainage scheme. 35 Scottish Water - Scottish Water has no objection to this planning application. The applicant should be aware that this does not confirm that the proposed development can currently be serviced. 36 This proposed development is within the Turrret Water Treatment Works catchment. To allow Scottish Water to fully appraise the proposals, it is suggested that the applicant completes a Pre-Development Enquiry (PDE) Form and submits it directly to Scottish Water via the Customer Portal. 37 There is currently sufficient capacity for a foul only connection in the Abernethy Waste Water Treatment works to service the proposed development. However, please note that further investigations may be required to be carried out once a formal application has been submitted to Scottish Water. 38 NatureScot - NatureScot did not respond to the consultation request.
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39 Perth and Kinross Heritage Trust (PKHT) - No objection, subject to the inclusion of a condition relating to the submission of a programme of archaeological works. 40 National Gas Assets Protection Team - No objection. there are no National Gas Transmission assets affected in this area. Internal 41 Environmental Health (Noise Odour) - As a result of the submission of a revised, and more cumulatively based NIA, there are now no objections to the proposed BESS. However, this is subject to the inclusion of conditions relating to : a) The enclosure and maintenance of plant and equipment b) Operational noise limits c) Noise mitigation measures d) Noise complaints e) External lighting f) Construction working hours 42 Environmental Health (Contaminated Land) - No objection. A search of the historic records did not raise any concerns regarding ground contamination and therefore there are no adverse comments to make on the application. 43 Environmental Health – Private Water Supply Team - No objection, subject to the inclusion of a suitably worded condition relating to the details of the location and operational measures of any proposed sceptic tanks and soakaways, private water sources and any associated infrastructure. 44 Transportation and Development - Following the submission of further information, there are no objections to the proposed development, subject to the inclusion of two informatives. 45 Biodiversity/Tree Officer - No objection subject to conditions relating to the conclusions and recommendations of the submitted Biodiversity Study, an updated Ecology Survey, a Construction Environment Management Plan, and details of the proposed biodiversity enhancements. 46 Community Greenspace - No objection. 47 Development Plan Team - Following the submission of additional information in the form of a Soil Management Plan and a Landscape and Visual Impact Assessment (LVIA), there is now no objection from the Development Plan Team. However, it is recommended that conditions are included in relation to the maintenance of the proposed landscaping, a revised Landscape Plan and an updated Soil Management Plan.
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48 Structures and Flooding - No objection. Representations 49 Three representations were received. The main issues raised within the representations are: Loss of prime agricultural land. Increase in traffic on Ferryfield Road. Road safety concerns. Noise pollution. Visual impact. Fire risk. Impact on biodiversity and ecology. 50 These issues are addressed in the Appraisal section of the report. Additional Statements 51 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations AA not required Ecological Appraisal Submitted Design Statement or Design and Access Statement Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Noise Impact Assessment Ecological Appraisal Fire Management Plan Transport Statement Landscape and Visual Overview Soil Management Plan FRA submitted Submitted Submitted Submitted Submitted Submitted Submitted Appraisal 52 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 53 The location is a peripheral rural area approximately 200m north of Abernethy. Policy considerations seeking to assess its suitability in principle are: LDP2 Policies 1A, 1B, Placemaking; Policy 8 Rural Diversification; Policy 33A: Renewables and Low Carbon Energy; Policy 50 Prime Agricultural Land; and Policy 51 Soils. The relevant NPF4 policies are Policy 1 Tackling the Climate and Nature Crises; Policy 2 Climate Mitigation and Adaptation; and Policy 11 Energy. 54 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. Over the course of a year, the proposed BESS will cover the electricity equivalent of the annual consumption of approx. 12,500 homes. 55 NPF4 sets out six overarching spatial principles with “Just Transition” relating to the construction of renewable energy and their contribution to achieving net zero. NPF4Sustainable 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 to 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. 56 In this case, it is considered that there is no conflict with any of the relevant LDP2 or NPF4 policies. Whilst there is a loss of prime agricultural land (identified as Class 2), the loss of land is not considered to result in a significant impact. This is because 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. A Soil Management Plan has been submitted, which sets out details of the proposed on-site management to minimise the loss of soil material from the site, to reduce any potential soil contamination and to ensure that soil structure and productive capacity can be retained and enhanced. The total land available at Balgonie Farm is approximately 185 acres, with the proposed BESS occupying 3 acres, which is only 1.6% of the total farm area. This is considered to outweigh the loss of 3 acres of prime agricultural land that will be utilised for this development.
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57 In this instance, the proposed BESS is a temporary development and it is anticipated that it will be in operation for 30 years. Once the project reaches the end of its lifespan the site will be decommissioned and will be restored to its original condition, with no impact remaining or any structures still on site that could compromise the agricultural productivity of the site. It is proposed that following the decommissioning of the BESS site, the subsoil and topsoil should be returned to its original location and a process of soil cultivation enacted to return the soil to a state suitable for agricultural use. Site surveys should be conducted before and after decommissioning to provide clarity on the remediation work required. Stored soil should be returned to the area of the site where it was sourced and the original soil profile reinstated. 58 Given the advances in the efficiency of the technology associated with BESS developments, the footprint of the project has been reduced in 40% (number and size of equipment, and therefore occupied land) since the PAN was submitted. Furthermore, it is fully anticipated that, by the time that the proposed BESS is commissioned in 2027, further advances in BESS technology will result in a further reduction in the overall footprint of the development, and therefore, less of an uptake of prime agricultural land. This, combined with the locational need for the development close to the existing electrical substation, in addition to any carbon offsetting potential, outweigh any impact on landscape values and agricultural use. Furthermore, this substation has unconstrained capacity to import and export the electrical energy required. 59 Notwithstanding the above, 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 can be supported. 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 60 LDP2 Policy 1: Placemaking, requires that development must contribute positively to the quality of the surrounding built and natural environment. All development should be planned and designed with reference to climate change, mitigation and adaptation. The design, density and siting of development should respect the character and amenity of the place. 61 The proposed development comprises of a battery energy storage system (BESS) contained within a fenced compound and surrounded by proposed. The 17 no. battery containers and the rest of equipment will be mounted on concrete beams arranged in a linear fashion across the site in rows. There will be approximately 6m between each container. The layout of the proposed BESS includes both inverters and transformers. A total of 17 inverters and transformers will be erected and spread across the site. A substation, split in to two separate
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buildings are proposed to the southeast side of the site a control room. The inverters are components stored in cabinets which are pale grey or green in colour and approx. 7,40m length x 2.0m width x 2.2m height. The transformers are smaller units of 2,40m length x 2,40m width x 2,1m height. 62 The sub-station will consist of pre-fabricated cabins depending on the requirements from the Distribution Networks Operator (DNO). One cabin will be for the internal connection of the electrical output from the site, with the other required by the DNO for connection into the wider electricity network. A control room will be situated next to the substation buildings near the southern boundary of the site. The control room will be a single storey building and will measure up to 26m length x 7m width x 2.9m height which is dark green in colour. A battery storage racks will take the form of independent, single storey containers and will measure up to 27,8m length x 3,1m width x 3.8m height. 63 The compound will be surrounded by a 2.75m palisade green fence, and all equipment mounted on concrete beams. The surface of the compound will be finished with aggregate, with a stronger base proposed for during construction and maintenance of the proposed development. Infra-red security cameras will be located around both sites, at a height of approximately 4.2m. 64 Landscaping is proposed, including native planting, around the site perimeter including a 10m wide continuous border of native scrub and tree planting. Full details of this have not been submitted but this can be controlled through a suitably worded planning condition (condition 13). Access to the site will be taken via a new access track which is approximately 5metres at maximum width, finished in gravel with associated drainage ditches. This access track will connect to the existing road at Jamesfield. The track will be contained fully within the red- line site boundary of this application, however the exact coordinates of the route and impact upon existing trees and hedgerows is yet to be determined. This can be controlled via a pre-commencement planning condition (condition 18). Landscape and Visual Amenity 65 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. 66 In this instance, the development site is currently an agricultural field and is not located within the Green Belt or any other designated landscape areas. A ”Landscape and Visual Overview” has been provided which considers the individual application itself will not have a significant landscape or visual impact. These impacts are primarily from the Ochil Hills LLA and from the core path network.
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67 In addition, further information has been provided in an “Landscape & Visual Overview Addendum”. This document acknowledges that the development would result in further change to the landscape but that the change, in the context of the existing built form components, allows for the development to be accommodated and be further softened by landscaping. It is further acknowledged that there will be a sequential impact of the development, including on views from the Ochil Hills LLA. 68 Regarding cumulative landscape effects on the Ochil Hills LLA, it is acknowledged that the landscape fabric and the aesthetic aspects of its immediate setting to the north would experience a further degree of localised change given the temporary conversion of agricultural land to renewable energy installations. However, the renewable energy schemes would be relatively small- scale in relation to the wider valley landscape and the prevailing open, agricultural character of the LLA’s setting would remain intact. No physical change would occur on the Ochil Hills LLA. However, the scale, when compared with the wider landscape, along with the separation from any existing and planned infrastructure, is sufficient to retain the appearance of a farmed landscape. 69 Furthermore, the localised landscape setting is partly characterised by existing built form components, road and rail infrastructure, as well as overhead visual elements such as cables and pylons. These elements are considered to have had an impact on the rural character of this landscape. It is therefore considered that the local landscape setting has some capacity to accommodate such development of a temporary nature as the type proposed. In addition, the landscape proposals for the proposed development will physically and visually integrate the scheme into the local landscape, utilising appropriate native species to further mitigate any cumulative effects arising from the proposals. Overall, it is considered that other impacts from viewpoints over the local character area are too distant to be significant. 70 A Landscape and Visual Impact Assessment (LVIA) has been submitted, and impacts from the various viewpoints have been analysed and it has been determined that the majority of the impacts will be minimalised by the topography of the landscape, the existing vegetation and the presence of local electricity transmission infrastructure. Furthermore, any significant visual impacts from local core paths can be mitigated with sensitive landscaping. However, as a result of this proposed development, there will still be an impact on the rural, productive nature of the landscape at ground level, but this localised impact is, overall, considered acceptable. In light of the above, a condition (condition 15) has been included that the final landscaping scheme is planted and maintained for the life of the development, and at an appropriate height to ensure that views from the Core Path and views to the Sidlaw Hills are retained. In light of the above, the proposed BESS is in accordance with LDP2 Policy 39: Landscape and NPF4 Policy 4: Natural Places.
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71 NPF4 5(b) requires applicants to demonstrate how the footprint and design has minimised any potential impact. The applicant has stated that the footprint has been reduced by 40% from the PAN but that there is a high possibility that the site could be reduced further by the time the project is developed. The landscape plan sets out a minimal use of hardstanding. Soils 72 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. In this instance, a draft Soil Management Plan has been submitted which is suitable to minimise impact on soils and retain soils on site. However, a condition (Condition 16) has been included requiring an updated soil management plan to be submitted, prior to the commencement of development. 73 Furthermore, an analysis of all available Class 3 land has been submitted. The report states that areas of 3.2 land south of the proposal are inappropriate due to topography and another area close to the Tay is also unsuitable. The closest area of 3.2 land (marked as area B) is flat agricultural land near Cordon farm. The report states that the vast majority of this field is not classified as flood risk but that as it is flat it is still at risk of flooding. SEPA 2023 river flood maps show this area as not at even low flood risk as river flooding is contained to the north of the River Earn. 74 Subsequently, the applicant has provided information to confirm that the landowner of the non-prime land has been contacted and not shown an interest in hosting the development on this land. A further condition (Condition 17) has been included to ensure that the site is reinstated as soon as the proposal has ceased to be operational for a period of 12 months. Therefore, this land does not need to be considered as an alternative to the proposed site. In light of the above, the proposed BESS is considered to be in accordance with LDP2 Policy 51: Soils and NPF4 Policy 5: Soils Residential Amenity 75 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. In this instance, there are residential properties within proximity to the proposed BESS, located to the north, southeast and southwest. PKC Environmental Health Noise / Odour initially objected to the proposals as insufficient information had been provided to demonstrate that the application site was a suitable location for the proposed development. It was not possible for Environmental Health to complete an appraisal of the application until a cumulative noise impact assessment has been undertaken. In light of this, a revised Noise Impact Assessment (NIA) was
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submitted, which includes updated inverter noise levels for day and nighttime operations and a cumulative assessment. 76 As a result of the NIA, it has been concluded that the predicted worst case external noise level at the nearest dwelling houses is below the maximum criteria for external amenity space. Furthermore, internal predicted noise levels during the nighttime period are below the maximum criteria that is considered the threshold above which sleep disturbance may occur. This revised NIA now includes a cumulative noise assessment for the potential noise contribution from the various adjacent energy developments such as SSE substation on land off Abernethy Road, BESS approved planning 22/00746/FLM, BESS approved planning 22/00832/FLL and Solar Farm 17/00487/FLL. The assessment has been undertaken assuming all schemes are operating simultaneously and is based on the noise levels at the worst affected residential properties in relation to the proposed BESS. The noise levels are below both the daytime and nighttime criteria and achieve the nighttime criteria for the standard plant noise for areas with low background levels. 77 In light of this, the proposed BESS will not result in a level of noise that will have an adverse impact on residential amenity. However, in order to ensure that any impact on residential amenity is minimised, a condition has been included to ensure that all plant and machinery is enclosed (condition 3). A further condition has been included stating a noise limit for the BESS (condition 4). Other conditions that have been included relate to noise mitigation measures (condition 8), complaints from the public (condition 5), external lighting (condition 6) and construction working hours(condition7). 78 Therefore, subject to the aforementioned conditions, the proposed development is in accordance with LDP2 Policy 56 and NPF4 Policy 29. Roads and Access 79 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. 80 In this instance, the proposed development will not have an adverse impact on public access and will not require any re- routing of a core path or right of way. Therefore, the proposed BESS is in accordance with LDP2 Policy 15: Public Access. 81 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. The new access track which is proposed will connect to the existing road at Jamesfield. This will make use of existing infrastructure.
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82 Furthermore, the access for the proposed construction route is to/from the M90 to the west via Ferryfield Road, the A913 and the A912. This will then adjoin the new access track. A Transport Statement (TS) has been submitted, which states that there will be an estimated 5/6 HGV deliveries per day at the beginning of the construction period. This will result in a relatively low level of construction traffic, which will not have an adverse impact on traffic safety or traffic flows on the surrounding road network. The TS has stated that the proposed access and route for construction vehicles will not give rise to any road safety concerns. 83 A Construction Traffic Management Scheme (CTMS) has been submitted, which shows the position and specification of signage and other control measures being proposed. Furthermore, the CTMS sets out how the construction and operational vehicular activities will be undertakes and managed. 84 Considering the above, it is considered that the proposed battery storage facility is in accordance with LDP2 Policies 15 and 60A, and NPF4 Policies 11 and 12. Drainage and Flooding 85 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. In this instance, the proposed development is classified as Essential Infrastructure and can be built within a flood-risk area (200yr + Climate Change) in accordance with NPF4 Policy 22a. 86 However, the proposed BESS should be designed and constructed to be operational during floods, not impede water flow and not increase the risk of flooding elsewhere. In this case, SEPA’s Surface Water Flood Map does not identify any areas of pluvial/surface water flooding within proximity of the site boundary. Furthermore, a review of SEPA’s groundwater flood maps indicates that there is no groundwater flood risk for the proposed development. 87 A Flood Risk Assessment has been submitted, which has identified all potential sources of flooding in the immediate area. The only watercourse upslope of the site is the minor unnamed watercourse / drain which runs along the eastern edge of the field. The watercourse has a small catchment area of approximately 0.23 square km and passes under the railway via a culvert of approximately 0.6m by 1.2m, which has adequate capacity during peak flood events. The minor field drain to the west of the site has a very limited catchment area and is situated downslope of the site. As such it presents no risk to the development. This being the case, the proposed BESS is neither at risk of flooding from any existing sources nor will it result in a risk of flooding elsewhere. This being the case, the proposed development is in accordance with LDP2 Policy 52 and NPF4 Policy 22a.
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88 LDP2 Policy 53C: Surface Water Drainage, requires Sustainable Urban Drainage Systems (SUDS) measures including relevant temporary measures at the construction phase. Due to the site topography, land use and underlying geology, the primary means of drainage at the site is likely to be initial soil adsorption / infiltration. Furthermore, when the field capacity of the soils is exceeded, then overland flow / runoff would shed towards the minor drainage ditch, located northwest of the site boundary. 89 The proposed drainage / SuDS scheme for the site has been developed to manage the surface water runoff from the battery storage development area. The development site will be constructed with permeable materials (e.g. crushed gravel) to allow rainwater to infiltrate into the ground, where it will be intercepted by perforated pipework. Runoff from semi-permeable / impermeable surfaces will be conveyed into a SuDS attenuation pond via a series of perforated and conventional pipework, ditches and drains. The perforated pipework and liner drainage features will convey runoff to a lined SuDS pond located in the northwestern corner of the site. The pond will provide suitable treatment and attenuation prior to discharge to the adjacent watercourse. The SuDS pond is to be lined as it will serve a dual purpose for firewater runoff storage. Given that the applicant has submitted adequate drainage drawings, design and overall strategy, the proposed BESS is in accordance with LDP2 Policy 53C. Conservation Considerations 90 LDP2 Polices 26A, 26B and Policy 7 of NPF4 are applicable to this application. In this instance, the proposed development site lies within an area that is considered archaeologically sensitive as its located within a rich archaeological landscape with evidence of activity spanning across multiple periods with particular strong evidence of Roman activity. 91 A Heritage Assessment has been submitted, which acknowledges that there is medium potential for unknown buried remains on site. Given the site’s location next to the road and the presence of existing screening from trees and other developments, the proposed BESS will have a low impact on the setting of the local Roman strongholds. However, as there is the potential for buried remains on site, as requested by PKHT, a condition (condition 9) has been included that a programme of archaeological works should be undertaken. Subject to this condition, the proposed development is considered to be in accordance with LDP2 Policies 26A, 26B and Policy 7 of NPF4. Natural Heritage and Biodiversity 92 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
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are in a demonstrably better state than without intervention. This will include future management. 93 In this instance, the submitted Ecological Appraisal is comprehensive and all methods were undertaken in accordance with best practice at the correct time of year. The submitted Ecological Appraisal contains recommendations to achieve biodiversity enhancement but lacks detail in terms of numbers and locations. For major applications, a Site Biodiversity Action Plan, which provides quantity, locations, techniques, timescales and monitoring arrangements, should be submitted. 94 However, in line with the response from the Council’s Biodiversity Officer, the submitted Landscape Strategy Plan is considered sufficient to secure the necessary biodiversity enhancement required by NPF4. Conditions have been included to ensure that the submitted Biodiversity Survey is fully adhered to (condition 10), an updated Ecology Survey is submitted (condition 11), a detailed Construction Management Scheme is to be submitted (condition 12), the Landscaping and Planting Scheme should be completed within the first available planting season (condition 13), bat , bird boxes and other biodiversity enhancement measures must be provided ( Condition 14) and that the proposed planting must be maintained for the life of the development (condition 15). Developer Contributions 95 The Developer Contributions Guidance is not applicable to this application, and therefore, no contributions are required in this instance Economic Impact 96 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. Variation Of Application Under Section 32A 97 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 were relating to landscape and visual impact, soils, floods and drainage. Planning Obligations and Legal Agreements 98 None required.
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Direction By Scottish Ministers 99 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 100 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions. Recommendation Approve subject to the following conditions: Conditions and Reasons for Recommendation General 1. The proposed development must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed on the planning consent. Reason: To ensure that the development is carried out in accordance with the approved plans. 2. 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. Environmental Health – Noise / Odour 3. All plant or equipment shall be so enclosed, attenuated and/or maintained such residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason: In order to safeguard the neighbouring residential amenity in the area.
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4. Noise from the battery storage facility shall not exceed 40dB LAeq daytime (07:00 to 23:00) and 34dBLAtq nighttime (23:00 to 07:00) when measured at the façade of any residential property. Reason: In order to safeguard the neighbouring residential amenity in the area. 5. 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 order to safeguard the neighbouring residential amenity in the area. 6. 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 order to safeguard the neighbouring residential amenity in the area. 7. 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 anytime on Sundays or bank holidays. Reason: In order to safeguard the neighbouring residential amenity in the area. 8. The Noise mitigation measure in the form of a 3 metre high acoustic barrier as outlined in Section 4.2 and Figure 3 of the Noise Impact Assessment report reference J004918-7825-CW-02, undertaken by Philip Dunbavin Acoustic Ltd, dated January 2025, shall be implemented prior to the battery storage facility being brought into use. Reason: In order to safeguard the neighbouring residential amenity in the area. Archaeology 9. 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
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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. Biodiversity and Natural Environment 10. The conclusions and recommended action points within the supporting Biodiversity Survey submitted and hereby approved (document 22 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development, to the satisfaction of the Council as Planning Authority. Reason: In the interests of protecting environmental quality and of biodiversity. 11. 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). 12. Development shall not commence until a detailed Construction Method Statement (CMS) has been submitted to the Council as Planning Authority and agreed in writing in consultation with NatureScot and Scottish Environment Protection Agency (SEPA). The CMS must identify measures to prevent harmful materials entering the River Tay SAC, which could reduce water quality and lead to a damaging impact on the salmon, otter and lamprey interests. The CMS should include the following: a) pollution prevention safeguards including drainage arrangements and the possible use of siltation traps, settlement tanks and bunds b) storage and disposal of materials including the siting of stock piles, use of buffer strips and disposal methods c) construction site facilities including extent and location of construction site huts, vehicles, equipment, fuel, chemicals and materials compound d) timing, duration and phasing of construction particularly in relation to salmon and lamprey migration/spawning.
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The CMS and mitigations as agreed shall be fully implemented as part of the planning permission. Reason: In the interest of protecting the environment and sustainability. 13. Prior to the commencement of development, a detailed landscaping and planting scheme shall be submitted to the Planning Authority for written approval. The plan shall include native planting around the site perimeter including a 10metre wide continuous border of native scrub and tree planting. Thereafter, the agreed scheme shall be implemented as part of the site development programme and in the first available planting season, and thereafter maintained for the life of the development. Reason: In the interest of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 14. Prior to the completion or bringing into use of the development hereby approved, 10 bat boxes, 10 bird boxes, 10 hibernacula and 10 bee/insect hotels shall be provided within the red line boundary. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development. Reason: To increase the number of bat and bird boxes to ensure significant biodiversity enhancement. 15. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar size, species and number to the satisfaction of the Council as Planning Authority. Reason: In the interest of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 16. Prior to works commencing on site, a revised soil re-use and management plan shall be submitted to and approved in writing by the Council as Planning Authority. This Plan will include details of the storage of all soils and their appropriate re-use. Thereafter, the agreed plan shall be implemented in full. Reason: To protect soils from damage such as erosion or compaction, in accordance with LDP2 Policy 51: Soils and NPF4 Policy 5. Facility Lifespan 17. In the event the hereby approved development fails to store electricity on a commercial basis for a continuous period of 12 months, then it shall be deemed to have permanently ceased to be required. In such an event, the development, including the access track, shall be decommissioned and the relevant parts of the site reinstated within such a timescale as agreed in writing by the Council as Planning Authority.
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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. New Access Road 18. Prior to the commencement of development, a scheme shall be submitted to the Planning Authority for written approval, showing the precise location and specification of the new access track. This scheme shall demonstrate how the existing trees and hedgerows shall be protected, and if any loss of these trees or hedgerows is required, a compensatory scheme for replacement planting shall be included. Thereafter, the agreed scheme shall be implemented in full accordance. Reason: To ensure that the access track does not detract from the visual qualities and the landscape character of the area. 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 None applicable. Informatives 1. 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. 2. As soon as 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. 3. An application for a Building Warrant may be required. 4. 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).
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5. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended, it is an offence to remove, damage or destroy the nest of any wild birds while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act. 6. 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. 7. 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. 8. 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. 9. 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. 10. 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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11. The applicant is advised that, in terms of Sections 109 of the New Roads and Street Works Act 1991, he/she/they must obtain from the Council, to place, maintain or adjust apparatus in, or under a Road or remove apparatus from a road. Application forms are available https://www.pkc.gov.uk/article/14916/Road- and-footway-permits 12. National Gas Transmission should be consulted during the design phase and that an Earthing Report is submitted for review, and to ensure that the pipeline is not affected. 13. 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. 14. 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. 15. Details of all changes in ground levels, laying of foundations, and operation of mechanical plant in proximity to the rail line must be submitted to Network Rail’s Asset Protection Engineer for approval prior to works commencing on site. Where any works cannot be carried out in a “fail-safe” manner, it will be necessary to restrict those works to periods when the railway is closed to railtraffic i.e. by a “possession” which must be booked via Network Rail’s Asset Protection Engineer and are subject to a minimum prior notice period for booking of 20 weeks. 16. All construction works must be undertaken in a safe manner which does not disturb the operation of the neighbouring railway. Applicants must be aware of any embankments and supporting structures which are in close proximity to their development 17. The developer must contact Network Rail’s Asset Protection Engineers regarding the above matters, either by submitting an enquiry on the Network Rail website . 18. 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. 19. Information regarding Construction Method Statements, as required by condition 12, can be found at: https://www.pkc.gov.uk/media/46816/River-Tay-SAC-
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Guidance- Adopted2020/pdf/River_Tay_SAC_2020_Adopted.pdf?m=637426890920130000 Background Papers Letters of representation 3 Authors Name Designation Contact Details Alan Atkins Planning Officer (Major Team) 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 28 April 2025