24/01862/Ecu36
Perth and Kinross Council · 11 June 2025
Back to Planning and Placemaking Committee — 11 June 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
Page 1
Perth and Kinross Council Planning and Placemaking Committee – 11 June 2025 Report of Handling by Development Management and Building Standards Service Manager (Report No. 25/148) Proposal: Formation of a 100MW battery energy storage facility comprising battery storage units, ancillary buildings and equipment, access road and associated works (ECU Reference – ECU00004931) Location: Land 260 Metres South East Of Colbeggie Farm Cottage, Kettins, Blairgowrie, PH13 9HA Ref. No: 24/01862/ECU36 Ward No: P2- Strathmore Summary Perth and Kinross Council has been consulted by the Scottish Government’s Energy Consents Unit (ECU) on the proposed erection of proposed electricity generating station (ECU Reference: ECU00004931) at land 260 Metres South East Of Colbeggie Farm Cottage, Kettins, Blairgowrie. The findings of this report recommends that the Council does not object to the proposal and recommends conditions for the acceptable development of the site during its construction and operation. Background and Description of Proposal 1 The purpose of the report is to make members aware of the relevant planning considerations relating to the development. Following consideration of these matters the Council must advise the Scottish Government whether it objects to the application or not. An objection by the Council will trigger the requirement for a public inquiry to be held to consider the application. The site comprises a total area of 4.2ha, with the footprint of the ‘built area’ where the batteries, inverters, transformers and other ancillary equipment are sited extends to 1.29ha. The development site sits within the Hallyburton Estate, Kettins, on land to the south of Colbeggie Cottage. The existing field is currently being used for crop rotation with an area to the north and southwest being utilised for polytunnels. Situated within the rural landscape of Coupar Angus, the site lies in an area of agricultural fields, bounded by hedgerows and post and wire fencing. The proposed
Page 2
development is located 2.5km southeast of Coupar Angus and 18km north of Dundee. 2 The proposed access route will make use of the existing field access off the unnamed road, located off the main Coupar Angus Road. A new internal track and junction is proposed off the unnamed roadway to allow access for vehicles required during the construction and operational phases of the development. An internal track will be installed to access the battery units and will be constructed of permeable material to allow for drainage. 3 Proposed alongside the BESS is a series of ancillary works and infrastructure, consisting of the following: 28x battery blocks, each block contains 4 battery containers; 28x inverter and transformer units; 2x auxiliary transformers; 2x control room and welfare units; 2x private substations; 2x storage rooms; 2x District Network Operator (DNO) room; Laydown Area; Security perimeter fencing; Drainage system; Access track; Emergency access track; Area for a sustainable drainage system (SuDS); Area for soft landscaping and environmental enhancements; Lighting and CCTV cameras; and Acoustic fencing. 4 Two substations will be erected onsite to provide the necessary electrical infrastructure to step-up the generation for export to the National Grid. The construction will be a standard unit finished in an appropriate colour, usually bottle green. Pre-Application Consultation 5 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. However, unlike Major Development proposals, Section 36 applications are not subject to mandatory pre-application consultation engagement requirements. 6 Despite there being no statutory requirement to conduct public consultation, the applicant has submitted a PAC. Furthermore, public engagement has been undertaken to gain insight on concerns and opinions from members of the local community and surrounding area. Such engagement involved the advertisement
Page 3
of the project in local press releases, the hosting of an online webpage presenting detailed information on the development, and in-person consultation events Development Plan 7 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 8 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. 9 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 29: Rural Development Perth and Kinross Local Development Plan 2019 10 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. 11 The principal relevant policies are, in summary: Policy 1A: Placemaking Policy 1B: Placemaking Policy 5: Infrastructure Contributions Policy 8: Rural Business and Diversification Policy 15: Public Access Policy 26A: Scheduled Ancient Monuments and Archaeology
Page 4
Policy 26B: Archaeology Policy 33A: Renewable and Low Carbon Energy: Proposals for Renewable and Low-Carbon Energy Policy 35: Electricity Transmission Infrastructure Policy 39: Landscape Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity Policy 42: Green Infrastructure Policy 50: Prime Agricultural Land Policy 51: Soils Policy 52: New Development and Flooding Policy 53C: Water Environment and Drainage: Surface Water Flooding Policy 56: Noise Pollution Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Policy 61: Airfield Safeguarding Statutory Supplementary Guidance 12 Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) Supplementary Guidance - Landscape (adopted in 2020) PKC Non-Statutory Guidance 13 Planning Guidance - Planning & Biodiversity Supplementary Guidance - Renewable & Low Carbon Energy (draft) National Guidance 14 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 15 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: PAN 61 Planning and Sustainable Urban Drainage Systems PAN 69 Planning and Building standards Advice on Flooding PAN 75 Planning for Transport
Page 5
Creating Places 2013 16 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 17 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 18 As part of the planning application process the following bodies were consulted: External 19 Perth and Kinross Heritage Trust: In the immediate vicinity of the proposed development are the potential prehistoric sites. Given the location of the site and archaeological context, with the potential for unknown buried archaeological remains to exist PKHT would recommend that an archaeological evaluation via trial trenching is undertaken in the first instance. As part of this PKHT would expect a full audit of all historic environment assets to inform the Written Scheme of Investigation (WSI) background. 20 Therefore, if permission is granted for this development, PKHT recommend that a programme of archaeological works should be attached to consent to assess the presence / absence, character and significance of archaeological deposits on the site. This will inform a mitigation strategy, if required, to either preserve significant deposits within the development or for further archaeological works, to consist of the excavation and post-excavation analysis / publication of these deposits. The details of this should be clarified within a Written Scheme of Investigation (WSI) and be submitted to PKHT for approval. Internal 21 Environmental Health (Noise Odour): There are no objections in principle to the application, but conditions are recommended to be included in any consent approved. The conditions are in relation 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
Page 6
Additional Statements 22 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations AA not required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact e.g. Flood Risk Assessment Submitted Arboricultural Survey Submitted Drainage Impact Assessment Submitted Heritage Impact Assessment Submitted Lighting Report / Assessment Submitted Preliminary Ecological Assessment Submitted Tree Survey Submitted LVIA Submitted Noise Impact Assessment Submitted Considerations 23 Schedule 8 to Section 36 of the Electricity Act 1989 requires the Scottish Government, as the appropriate authority, to serve notice of the application on the Council as the relevant planning authority. The Council are required to consider the proposal in accordance with the provisions of the Development Plan unless material considerations indicate otherwise. 24 The Development Plan comprises NPF4 and the Perth and Kinross Local Development Plan 2019. 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 25 NPF4 Policy 1: Sustainable Places, encourages, promotes and facilitates development that addresses the global climate emergency and nature crises. Similarly, Policy 2: Climate Mitigation and Adaption. encourages development
Page 7
that minimises emissions and adapts to the current and future impacts of climate change. 26 NPF4 Policy 11: Energy states that ‘development proposals for all forms of renewable, low-carbon and zero emissions technologies will be supported. These include enabling works, such as grid transmission and distribution infrastructure and energy storage, such as battery storage and pumped storage hydro.’ It further advises that ‘proposals for the co-location of these technologies will be supported 27 LDP2 Policy 33: Renewable and Low-Carbon Energy and Policy 35: Electricity Transmission Infrastructure support proposals for the utilisation, distribution and development of renewable and low-carbon sources of energy subject to set criteria being taken into account. 28 Overall, the principle of the proposed development is considered acceptable, subject to compliance with other development plan policies. These matters are considered in detail in the assessment below. Landscape and Visual Amenity 29 The development is approximately 3km to the North East of the Coupar Angus substation. The site that has been chosen is relatively well contained and is not highly visible from the public carriageway. The site is considered to be less intrusive than some available sites that are closer to the substation. 30 LDP2 Policies 1 and 39 require developments to contribute positively to the quality of the surrounding built and natural environment and to not conflict with maintaining and enhancing the landscape qualities of Perth and Kinross. In this instance, the design is largely defined by the type of infrastructure needed, thus some visual impact is inevitable. However, the co-location of the development adjacent to the SSEN substation will minimise its visual impact, as it would appear in association to the existing intrusion into the landscape. 31 To establish a suitable level for the development compound and access track, it is proposed to minimise earthworks and to aim for a balance between cut and fill. The proposed design has made best use of the existing site contours. Whilst groundwork will be necessary to provide the necessary drainage arrangements, works will be minimised where possible to reduce overall impact to, and alteration of, the local landscape. 32 A Landscape and Visual Impact Assessment has been submitted with this application, which demonstrates that the proposed BESS site, and its components, have been designed to ensure it respects the appearance and character of the surrounding agricultural landscape. Due to the modern and industrial nature of the BESS, the ancillary equipment, consisting of the DNO room, control room and welfare, private substation and storage room are finished in a recessive green colour, to compliment the agricultural character of the
Page 8
surrounding landscape. The LVIA concludes that the visual impact on the surrounding landscape is of a low significance. However Condition 1 has been included to ensure that full details of the design of the proposed buildings are submitted for approval. 33 By utilising the field which bounds the existing woodland, and which is in close proximity to extensive polytunnel structures, the proposed location allows for limited impact on residential amenity with suitable separation distance from similar BESS developments. This setting allows for reduced direct and cumulative impacts. Furthermore, there is existing screening in the form of Warren Wood, located to the south and east of the application site. The siting of the development in the lowest elevation of the field ensures that the low-level development is afforded increased screening from the main residential receptors by natural topography and the intervening landcover. 34 In addition, in order to mitigate any potential impacts on the local landscape character, a Landscape Proposal has been submitted. This includes the introduction of several meadow mixes and the planting of trees and a small-scale woodland. A mixture of evergreen and deciduous planting has been proposed to ensure there is sufficient screening year-round once maturity has been reached. It is proposed that all planting materials and seed mixes will be native and locally sourced. Furthermore, any soil excavation is proposed to be retained and repurposed on site. Prime Agricultural Land 35 The Provisional Land Classification Map shows the development to be located on Class 2 land. However, further study, in the form of an Agricultural Land Classification Survey, has found the land to be Class 3.1 This classification of land is capable of producing consistently high yields of a narrow range of crops. As it is the lowest form of prime agricultural land, and due to the insignificant loss (determined in the assessment to equal 0.0006% of Scotland’s prime agricultural land), it is argued that the global/local need for energy is outweighed by the small loss of land proposed for this development. Furthermore, the site has been designed so the land is minimally disturbed, with the intention being to reinstate the site to agricultural use upon expiration of the planning permission. Noise and Light Pollution 36 In this instance, the relevant policies in relation to Noise and light Pollution are LDP2 Policy 56: Noise Pollution and NPF4 Policy 29. 37 A Noise Impact Assessment (NIA) has been carried out and submitted as part of this application. The NIA states that the development may give rise to sound levels no more than 4dB above the measured background sound level in the area during the day. Accordingly, internal noise levels will not exceed the NR20 limit, with the proposal being compliant with PKC’s Environmental Health limits.
Page 9
38 In order to provide mitigation, a 3.5m acoustic fence will be installed as a ‘wrap’ around both rows of battery and inverter units. Such fencing is being proposed to mitigate any potential noise impacts to the surrounding area and nearby properties to the north. The fence will be solid and sealed to ensure noise is mitigated, and local residential amenity is not impacted. The results of the NIA show that the development can operate without generating adverse effects on surrounding noise sensitive receptors (NSR). The nearest residential property to the proposed development is Colbeggie Cottage located approximately 300m northwest of the site. The proposed development is located within close proximity to the cottage. However, the cottage fronts a tall, dense hedgerow and therefore will not be afforded views of the proposed development. Therefore, any impact on residential amenity is considered to be negligible. 39 Furthermore, all on site lighting is proposed to be motion censored, downward facing and fitted with shades. Therefore lighting will not adversely affect the surrounding area or nearby residential properties. The site will be monitored remotely so the need for lighting will be minimal and restricted to when staff are present. However, it is recommended that conditions are imposed to protect, to acceptable levels, the amenity of neighbouring residents from noise and external lighting (conditions 7,8,9,10, 11 and 12). Roads and Access 40 In this instance, the relevant policies in relation to Roads and Access are LDP2 Policy 15: Public Access, Policy 60A; Existing Infrastructure and NPF4 Policies 11 and 12. 41 Access is gained via a widening the existing junction off the C18 Ardler Road and will be used for both the construction and operational phases of the development. At the site entrance, a new access road will be formed, routed to the main BESS compound gate at the northeast corner. An internal track will provide access to the battery units and associate infrastructure during operation. Access tracks will be constructed using permeable materials, e.g, Type 1 and Type 2 granular material to allow for drainage. 42 A secondary ‘emergency’ access track will provide an additional entrance to the BESS compound along the western side. This will serve as a perimeter road around the BESS for emergency vehicles. The emergency access track will also allow access to the attenuation basin for routine maintenance purposes. No obstacles will be sited around the BESS which may restrict visibility or movement of vehicles. All tree planting associated with the development has been positioned to avoid root penetration of the surrounding level surfaces, avoiding the creation of uneven or broken surfacing that may cause access issues in the future. 43 A Transport Statement & CTMP has been prepared in support of the proposals. Construction of the proposed Development will generate approximately 48 movements vehicle movements per day at the peak of construction. Operational
Page 10
traffic is expected to be minimal and would be conducted by smaller vehicles. The impact of this on the wider road network will be negligible. The construction period is anticipated to take between 12-18 months, with the peak of activity predicted to occur in the initial enabling phase. 44 The proposed BESS will not give rise to any significant travel generation, and therefore, is not anticipated to have any detrimental impacts on the safe and efficient operation of surrounding road networks. To avoid the 16-tonne weight limit at Greenburns Bridge, a concern raised by local residents, access will be taken from the C18 Ardler Road via the A923, to the east of the site. 45 The A923 provides connections from Dundee to Coupar Angus and Blairgowrie, and is of local distributor road standard and maintained by PKC. The A923 is also considered suitable for Heavy Goods Vehicle (HGV) traffic. 46 To minimise disruption to the surrounding road networks, delivery vehicles travelling to and from the development site during the construction phase be restricted to hours outwith peak times (i.e. traditional commuting hours, school drop-off/pick up times, refuse collection). Vehicles travelling to site during the operational phase, will be for routine maintenance purposes, requiring approximately two vehicles per week. These would be a van or 4x4, and would fit with the normal flow of traffic, therefore, having no detrimental impacts on local traffic volumes. 47 Furthermore, as a result of the proposed development, there are no direct (physical) impacts on the existing Core Paths through construction, or residually through the long-term lifespan of the proposal. Drainage and Flooding 48 In this instance, the relevant policies in relation to Drainage and Flooding are LDP2 Policy 52: New Development and Flooding, Policy 53C: Surface Water Drainage and NPF4 Policy 22. 49 The submitted drainage report outlines the SuDS proposed as part of the proposed BESS. In accordance with LDP2 Policy 53C, SuDS have been implemented to benefit flood water management, landscape and visual implications and biodiversity. The proposed two SuDS ponds will be located in the south and north of the development site. 50 Both the development compound area and main access track will be constructed using permeable materials, e.g, Type 1 and Type 2 to allow for percolation of water, on top of a 100% impermeable layer. Surface water runoff will be collected via a series of perforated pipes and filter drains, and conveyed into two attenuation basins, before discharging into the boundary ditches. The two attenuation basins provide a feature for storing water, which reduces the flow of surface water entering the ditches and prevents any flood risk.
Page 11
51 In accordance with NFCC guidance, a supply of emergency water will be stored onsite. This supply will be provided from a large tank located beneath the access track, which will hold 228m3 of fire suppression water. This volume is in accordance with the NFCC guidance which requires that fire suppression water, totalling 1,900 litres per minute for at least 2 hours, is provided on site. Conservation Considerations 52 In this instance, the relevant policies in relation to Conservation are LDP2 Policy 26A: Scheduled Ancient Monuments and Archaeology, 26B: Archaeology and NPF4 Policy 7: Historic Assets and Places. 53 A Heritage Impact Assessment has been submitted which has determined that the proposal will not negatively impact the understanding, appreciation or experience of any heritage assets within a 2km study area in accordance with this policy aim. Given the location of the site and archaeological context, with the potential for unknown buried archaeological remains to exist, PKHT have recommended that an archaeological evaluation via trial trenching is undertaken. As part of this it is expected that a full audit of all historic environment assets to inform the Written Scheme of Investigation (WSI) is carried out. This has been covered by the inclusion of Condition 6. Natural Heritage and Biodiversity 54 In this instance, the relevant polices in relation to Natural Heritage and Biodiversity are LDP2 Policy 41: Biodiversity and NPF4 Policy 5: Biodiversity. 55 While no trees will be felled / impacted the proposed development, the planting of native trees/shrubs for visual screening along the north and west edges of the compound will soften the proposal as well as benefiting the biodiversity of the site and surrounding area. Further areas of meadow mix will contribute to wildlife cover/habit along with proposed bat and bird boxes to encourage wildlife/habitat into the area. 56 Existing woodland at the site provides an existing, natural boundary to the proposals along the eastern and southern edges of the site. A landscaping scheme and biodiversity enhancement proposals have been submitted. This will assist in the integration of the scheme into its setting and achieve on site biodiversity net gain. Conditional control (condition 15) will ensure suitable delivery. 57 Landscaping for scheme will include two SuDS ponds, native trees, hedgerow and meadow mix incorporated within the Application Site. Approximately 101 medium/large trees will be planted, along with the creation of a small-scale scrub woodland/hedgerow, comprising of approximately 1120 individual small trees. All plant materials, including seed mixes, will consist of native species only, and locally sourced where possible.
Page 12
58 The proposed landscape mitigation takes into account the operational, security and maintenance requirements of the development, particularly in its selection of species and layout, as well as the surrounding landscape and visual context. Deciduous and evergreen species will be planted to facilitate year-round screening. Additional enhancement includes a diverse meadow mix of grassland/wildflower, encouraging pollinator species of bee, butterflies and moths. The proposed tree planting and small-scale scrub woodland will over time offer suitable nesting habitat for birds, foraging and a commuting habitat for bats as well as supporting other wildlife. The addition of bird boxes and a hedgehog box also provide additional habitats. Conditional control (condition 14) will ensure the biodiversity enhancement measures are provided. Conclusion and Reasons for Recommendation 59 To conclude, the proposed development is considered to comply with NPF4, and the Local Development Plan 2 (20129). Account has been taken of the relevant material considerations ad none has been found that would justify overriding the Development Plan. 60 Accordingly, it is recommended that the Council offers no objection to the proposal and requests the imposition of the suggested conditions. Recommended Conditions and Reasons General 1. The development hereby approved must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed by this decision notice. Reason: To ensure the development is carried out in accordance with the approved drawings and documents. 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. 3. Prior to the commencement of the development hereby approved, details of the specification and colour of the proposed external finishing materials to be used on all structures and any hard landscaping shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the completion or bringing into use any part of the development, whichever is the earlier.
Page 13
Reason: In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 4. Prior to the commencement of development hereby approved, a Soil Management Plan (SMP) shall be submitted to and agreed in writing by the Council as Planning Authority. The plan as approved shall be strictly adhered to concurrent with the construction phases of the development. Reason: To ensure that prime agricultural land soil is not unnecessarily sterilised or lost and in the interests of Policy 51 of LDP2. 5. A minimum of two months prior to the commencement of development, a site specific Construction Environmental Management Plan (CEMP) which shall include a Construction Method Statement (CMS) shall be submitted to and approved by the Council as Planning Authority in consultation with key stakeholders as deemed appropriate. The CEMP must also include a Pollution Prevention Plan (PPP), Invasive Management Plan (IMP), Site Waste Management Plan (SWMP), Site Access Management Plan (SAMP), Construction Exclusion Zone (CEZ), Construction Traffic Management Plan (CTMP) and Environmental Management Plan (EMP). A detailed compound layout which sets out measures to ensure the public road network is kept free from mud or debris shall also be included. The CEMP will remain a live document, any working practices deemed to be having an adverse impact on ecology or the environment will be the subject of revision. All revisions must be submitted to the Planning Authority as soon as reasonably practicable. Thereafter the development shall be fully undertaken in accordance with the agreed CEMP. Reason: In the interest of protecting environmental quality and of bio-diversity. To minimise any associated adverse landscape and visual impact of the above ground elements and protect the character and visual amenity of the immediate and surrounding countryside and associated nature and cultural heritage conservation interests. Archaeology 6. 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
Page 14
Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Reason: To safeguard any archaeological interest of the site. Amenity 7. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 20 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason: In the interests of protecting residential amenity. 8. Noise from the battery storage facility shall not exceed 34dB LAeq,(15 min), including any relevant penalties for tonality, impulsivity, intermittency, or other sound characteristics, when measured at any residential property in accordance with BS4142:2014+A1:2019 Methods for Rating and Assessing Industrial and Commercial Sound. Reason: In the interests of protecting residential amenity. 9. An acoustic barrier as shown in Figure 5 and specified in Appendix D of the Noise Impact Assessment undertaken by Inacoustics, dated 21 May 2024 shall be implemented prior to the battery storage facility being brought into use. Reason: In the interests of protecting residential amenity. 10. In the event, that justified complaints for noise are received by the Council, the applicant at their own expense, shall employ an independent and suitably qualified consultant to carry out a Noise Assessment from the development. The appointed consultant and methodology for the Noise Assessment shall be submitted to and approved in writing by the Planning Authority in consultation with Environmental Health within 28 days of being notified of the complaint. Within 28 days of approval of appointed consultant and methodology, a Noise Assessment shall be submitted outlining mitigation and recommended timescales for delivery. Thereafter, all mitigation measures shall be implemented within the timescales recommended. Reason: In the interests of protecting residential amenity. 11. 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.
Page 15
Reason: In the interests of protecting residential amenity. 12. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at any time on Sundays or bank holidays. Reason: In the interests of protecting residential amenity. Biodiversity 13. Prior to the commencement of the development hereby approved, an independent and suitably qualified Ecological Clerk of Works (ECoW) shall be appointed at the developers' expense. Details of this appointment shall be subject to the prior written agreement of the Council as Planning Authority. The appointed person will remain in post for the duration and subsequent restoration of the proposed development. The ECoW shall have responsibility for the following: (a) Overseeing the implementation of the Construction Environmental Management Plan (CEMP) approved by this permission. (b) Authority to stop operations or to alter construction methods should there be any works occurring which are having an adverse impact on the natural heritage. Prior to the commencement of development, they shall provide an environmental / ecological tool box talk for construction staff. (c) They will have authority to amend working practices in the interests of natural heritage. Any amendments shall be submitted to the Council as Planning Authority as an addendum to the approved CEMP. (d) They shall make weekly visits to the development site at a time of their choosing. No notification of this visit is required to be given to the developer or contractor. (e) Within 10 working days of the end of each calendar month, they are required to submit a detailed monthly report for the review of the Planning Authority in consultation with Scottish Environment Protection Agency (SEPA) for the duration of development. (f) They shall notify the Council as Planning Authority in writing of any requirement to halt development in relation to this condition as soon as reasonably practicable. The above shall be implemented throughout the construction, (including reinstatement and de-commissioning of the construction compounds) hereby approved unless otherwise agreed in writing with the Council as Planning Authority. The CEMP shall contain a site-specific Construction Method Statement (CMS) which will provide concise details for the implementation of the CEMP for site operatives. Reason: To avoid habitat damage and safeguard natural heritage interests.
Page 16
14. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved 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. Landscaping 15. The detailed landscaping and planting scheme which is hereby approved shall be completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier. The approved scheme shall thereafter be maintained in a reasonable condition, with any planting which fails to become established within five years being replaced in the following planting season with others of a size and species as previously approved. Reason: To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. 16. Prior to the commencement of any works on site, all trees which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction. Protection measures, once in place, shall remain in place for the duration of construction. Reason: To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. Reinstatement 17. In the event the hereby approved development fails to store electricity on a commercial basis for a continuous period of 12 months, and or at the end of life for the development (50 years from the commencement of electricity storage) it shall be deemed to have permanently ceased to be required. In either event the development shall be decommissioned, and the relevant parts of the site reinstated within such timescale as agreed in writing by the Council as Planning Authority. Reason: To ensure the facility is removed from the site at the end of its operational life, and to protect the character of the countryside, the visual amenity of the area and nature conservation interests. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan.
Page 17
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 Building Warrant may be required. 4. 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. 5. The applicant is advised that any proposed signage will require a further application to be submitted for advertisement consent unless it benefits from express consent as per the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. 6. 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. 7. The applicant is advised that the granting of planning permission does not guarantee right of access to the site. This should be agreed with the relevant landowner(s) prior to the commencement of the development. 8. This 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, as amended. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. In accordance with Regulation 41 the notice must be:
Page 18
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. Background Papers Letters of representation 0 Authors Name Designation Contact Details Alan Atkins Planning Officer (Major applications) developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 27 May 2025