24/01870/Ecu37
Perth and Kinross Council · 11 June 2025
Back to Planning and Placemaking Committee — 11 June 2025 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee – 11 June 2025 Report of Handling by Development Management and Building Standards Service Manager (Report No. 25/149) Proposal: Tealing to Westfield OHL 400 KV upgrade (reconductoring) - ECU00005168 Location: Land 300 Metres South of Mains of Megginch, Errol, Perth, PH2 7RN Ref. No: 24/01870/ECU37 Ward No: P1- Carse Of Gowrie Summary This report recommends no objection to the proposal 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 An application under Section 37 of the Electricity Act 1989 has been submitted to the Scottish Government’s Energy Consents Unit (ECU) along with a request that Ministers issue a direction that planning permission is deemed to be granted under section 57(2) of the Town and Country Planning (Scotland) Act 1997 for consent to upgrade approximately 37 kilometres (km) of an existing 275 kilovolts (kV) overhead line (OHL), connecting substations at Tealing and Westfield, to enable operation at 400kV. 2 The main components of the ‘Proposed Development’ comprise: Replacement of conductors, insulators and fittings on the existing steel lattice towers; Where required, tower condition works, including steelwork and tower leg foundation work to strength the existing steel lattice towers; Replacement of existing earthwire with Optical Ground Wire (OPGW).
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3 Subject to further engineering and design checks, some modifications to the existing towers may be required, such as the inverting of cross arms to improve clearances, and changes to the insulator set configurations. 4 In addition, due to constraints associated with the conductor type, coupled with an inability to utilise mid-span joints, it may be the case that either Tower 129 or 132 (not both) may need to replaced. To facilitate these works a temporary diversion tower (installed for less than 1 year) would also be required. The maximum dimensions of these towers are: Tower 129: The height of the new tower: 45.5m; and the temporary diversion tower 45.5m; or Tower 132: The height of the new tower: 51.15m; and the temporary diversion tower 51.3m. 5 The Applicant is also seeking deemed planning permission under section 57(2) of the Town and Country Planning (Scotland) Act 1997 (as amended) for ancillary development required to facilitate its construction and operation. The ancillary development will include: Vegetation clearance; Access track construction and access track upgrades; Temporary site compounds; Laydown areas; Crane pads; Equipotential zones (EPZs) and temporary measures to protect road, rail and water crossings; and, The increase in operating voltage of the OHL requires a wider wayleave corridor, therefore some tree felling will be required where there are infringements to this corridor. 6 The OHL begins at Tealing in Angus before running through the PKC area in a south-west direction and into Fife. There are a total of 116 OHL towers on the proposed route section, of which 75 are within the PKC boundary. Environmental Impact Assessment 7 The proposal is a ‘Schedule 1’ development as defined in the Electricity Works (Environmental Impact Assessment) (Scotland) Regulations 2017 (the ‘EIA Regulations’). An Environmental Impact Assessment (EIA) has been undertaken for the proposed development to assess its likely significant effects. The findings of the EIA have been assessed, including the measures which would be taken to prevent, reduce and, where possible, offset predicted likely significant adverse effects.
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Development Plan 8 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 9 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. 10 The Council’s assessment of this application has considered the following policies of NPF4: Policy 1: Tackling the Climate and Nature Crises 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 18: Infrastructure First Perth and Kinross Local Development Plan 2019 11 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. 12 The principal relevant policies are, in summary; Policy 1A: Placemaking Policy 15: Public Access Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments Policy 26B: Scheduled Monuments and Archaeology: Archaeology Policy 27A: Listed Buildings Policy 29: Gardens and Designed Landscapes Policy 31: Other Historic Environment Assets Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy
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Policy 38A: Environment and Conservation: International Nature Conservation Sites Policy 38B: Environment and Conservation: National Designations Policy 38C: Environment and Conservation: Local Designations 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 51: Soils Policy 52: New Development and Flooding Policy 53A: Water Environment and Drainage: Water Environment Policy 56: Noise Pollution Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 13 Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) Supplementary Guidance - Landscape (adopted in 2020) Supplementary Guidance - Placemaking (adopted in 2020) PKC Non Statutory Guidance 14 Planning Guidance - Planning & Biodiversity Supplementary Guidance - Renewable & Low Carbon Energy (draft) Consultations 15 The decision making-body for the proposal is the ECU and PKC is in turn a consultee. Therefore, the extent of PKC’s consultations was limited to internal departments and PKHT. To help form PKC’s consideration and response, the following bodies were consulted: 16 Perth and Kinross Heritage Trust: No objections. Conditions are recommended requiring a programme of archaeological works, fencing and the appointment of an Archaeological Clerk of Works (AcoW) to ensure compliance with the EIA and an appropriate level of mitigation is provided where necessary. 17 Biodiversity: No objections. Conditions are recommended for compensatory planting, a Construction Environmental Management Plan (CEMP), Biodiversity Net Gain Plan and details of the Ecological Clerk of Works (ECoW). 18 Conservation Team: No objections. The visual impact on the setting of built heritage assets near the line is expected to be negligible.
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19 Environmental Health (Noise Odour): No objections. A condition is recommended to control potential noise. Additional Statements 20 Screening Opinion EIA submitted Environmental Impact Assessment (EIA): Environmental Report Submitted Appropriate Assessment under Habitats Regulations AA is the responsibility of the ECU Design Statement or Design and Access Statement Not required Appraisal 21 PKC has been consulted under Section 37 and Schedule 8 of the Electricity Act 1989, as one of the Planning Authorities in which the overhead line upgrades are proposed. PKC’s role as consultee is to advise the ECU whether we have any objection to the proposal based on the provisions of the Development Plan and any other material considerations. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. 22 Strategic Renewable Electricity Generation and Transmission Infrastructure is identified in NPF4 as a Scotland-wide national development to support renewable electricity generation, repowering and the expansion of the electricity grid. Landscape and Visual Amenity 23 The proposals are largely focused around upgrading existing OHL infrastructure. Any additional impacts on landscape and visual amenity will be limited and there are no specific concerns in this regard. Residential Amenity 24 The project’s noise consultant contacted Environmental Health to agree the methodology for the Noise Impact Assessment (NIA). There are no concerns in terms of residential amenity subject to the imposition of conditions to control noise as part of the CEMP. Biodiversity 25 The submitted ecological information is comprehensive, and survey methods are largely in accordance with published best practice. 0.45ha of tree removal is proposed and no information on compensatory planting has been provided. A
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condition is proposed that a Woodland Planting Strategy will be submitted to the ECU in consultation with the relevant planning authorities. 26 Overall, the proposal is acceptable subject to the proposed conditions relating to compensatory planting, a CEMP, and details of the ECoW. Cultural Heritage and Conservation 27 The visual impact on the setting of built heritage assets near the line is expected to be negligible and as a result the cultural heritage impact on designated assets was scoped out of the EIA. 28 PKHT has confirmed that the content of the EIAR Cultural Heritage chapter is comprehensive and addresses their recommendations from previous scoping conversations. 29 The proposed mitigation works identified in the EIAR are acceptable and are to be included in the proposed conditions. Conditions 30 The ECU has also circulated draft conditions for the associated Section 37 (24/01874/ECU37), along with a Deemed Planning Permission for the consideration of consultees. Considering these applications are associated, it is deemed appropriate to list consistent conditions as part of this request. As such, these conditions are set out below. The draft conditions are broadly similar to those requested by consultees and which PKC would expect to be imposed on a consent of this nature. Conditions attached to Section 37 Consent 1. Commencement of development (1) Commencement of Development shall be no later than five years from the date of this consent, or in substitution, such other period as the Scottish Ministers may hereafter direct in writing. (2) Written confirmation of the intended date of Commencement of Development shall be provided to the Planning Authorities and the Scottish Ministers no later than one calendar month before that date. Reason: To avoid uncertainty and ensure that the consent is implemented within a reasonable period and to allow the Planning Authorities and Scottish Ministers to monitor compliance with obligations attached to this consent and deemed planning permission as appropriate.
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2. Non-assignation (1) This consent shall not be assigned without the prior written authorisation of the Scottish Ministers. The Scottish Ministers may authorise the assignation, with or without conditions. (2) The Company shall notify the Planning Authorities and Scottish Ministers in writing of the name of the assignee, principal named contact and contact details within fourteen days of the consent being assigned. Reason: To safeguard the obligations of the consent if transferred to another company. 3. Serious Incident Reporting (1) In the event of any serious breach of health and safety or environmental obligations relating to the Development during the period of this consent written notification of the nature and timing of the incident shall be submitted to the Scottish Ministers within twenty-four hours of the incident occurring, including confirmation of remedial measures taken and/or to be taken to rectify the breach. Reason: To keep the Scottish Ministers informed of any such incidents which may be in the public interest. 4. Notification of Date of Final Energisation (1) Written confirmation of the Date of Final Energisation shall be provided to the Planning Authorities and Scottish Ministers no later than one calendar month after that date. Reason: To allow the Planning Authorities and Scottish Ministers to record when energisation of the line has taken place and comply with other conditions. 5. Woodland Planting Strategy (1) There shall be no Commencement of Development unless and until a Woodland Planting Strategy has been submitted to and approved in writing by the Scottish Ministers, in consultation with the Planning Authorities. (2) The Woodland Planting Strategy shall set out an approach for the replanting of any trees felled by the Company as a result of the Development, to be carried out within the areas under the jurisdiction of the appropriate Planning Authority.
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(3) The approved Woodland Planting Strategy shall then be implemented in full, unless otherwise agreed in writing by the Scottish Ministers. Reason: To protect Scotland’s woodland resource, in accordance with the Scottish Government’s policy on the Control of Woodland Removal. Annex 2 Part 2 Conditions Attached to Deemed Planning Permission 1. Implementation in accordance with approved plans and requirements of the section 37 consent (1) Except as otherwise required by the terms of the section 37 consent and deemed planning permission, the Development hereby approved shall be undertaken in accordance with the Application and other documentation lodged in support of the Application unless as may otherwise be agreed in writing by the relevant Planning Authority. Reason: to ensure that the Development is carried out in accordance with the approved details. 2. Decommissioning Scheme (1) In the event that the line, after the Date of Final Energisation, fails to transmit electricity for a continuous period of 1 year a Decommissioning Scheme shall be submitted to and for the further approval in writing by the relevant Planning Authorities. The scheme shall include details about the removal of all elements of the Development, relevant access tracks and all cabling, including where necessary details of: (a) Justification for retention of any relevant elements of the Development; (b) The treatment of disturbed ground surfaces; (c) Management and timing of the works; (d) Environmental management provisions, including species protection plans; (e) The removal of all components of the line from the site for recycling or disposal; (f) A traffic management plan to address any traffic impact issues during the decommissioning period; and (g) Details of financial provisions to ensure the scheme to be approved can be implemented in full.
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(2) Thereafter the Decommissioning Scheme shall be implemented in accordance with the approved details and timetable. Reason: to ensure that should the line no longer be required or no longer benefit from Section 37 consent, than an appropriate mechanism is in place for decommissioning of the Development. 3. Aviation Charting and Safety Management (1) There shall be no commencement of Development unless and until written notification has been provided to the Ministry of Defence at least 14 days prior to commencement of works providing the following information: (a) The date of the commencement of the erection of the lattice towers; (b) The maximum height of any construction equipment to be used in the erection of the lattice towers; (c) The date any lattice towers are brought to use; (d) The latitude and longitude and maximum heights of each lattice tower Reason: To maintain aviation safety 4. Construction and Environmental Management Plan (1) There shall be no Commencement of Development unless and until a Construction Environmental Management Plan (CEMP) containing site specific details of all on-site construction works, post-construction reinstatement, drainage and mitigation, together with details of their timetabling, has been submitted to, and approved in writing by, the relevant Planning Authorities. The CEMP shall be informed by the site and ground investigation works and best practice guidance. (2) The CEMP shall provide: (a) A site waste management plan (dealing with all aspects of waste produced during the construction period other than peat and other carbon rich soils), including details of contingency planning in the event of accidental release of materials which could cause harm to the environment, evidencing all proposals comply with SEPA’s guidance and the requirements of the waste management licensing regime as appropriate; (b) Details of the location, layout, formation of the construction compound, welfare facilities, any areas of hardstanding, turning areas, internal access tracks, car parking, material and aggregate stockpiles, oil, fuel and chemical storage, lighting columns, and any construction compound boundary fencing required for the construction period;
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(c) A dust management plan detailing all mitigation/dust suppression measures intended to reduce the impacts of dust on site, including measures to reduce dust on roads; (d) Site specific details for management and operation of any concrete batching plant (including disposal of pH-rich waste water and substances); (e) Details of measures to be taken to prevent loose or deleterious material being deposited on the local road network including wheel cleaning and lorry sheeting facilities, and measures to clean the site entrances and the adjacent local road network; (f) A Pollution Prevention and Incident Plan incorporating a Pollution Prevention Plan, Pollution Incident Plan and a Pollution Control Monitoring Plan, this shall include measures to protect watercourses, groundwater, management of natural surface hydrological flows (flushes, springs, etc.) and protection of peatland/soils, arrangements for the storage and management of oil and fuel and other chemicals on the site and sewage disposal and treatment; (g) Details of soil storage and management including outline quantities, locations, (other than peat and other carbon rich soils) and management of long term storage of construction generated soils to facilitate future site restoration; (h) A drainage management strategy, demonstrating how all surface and waste water arising during and after construction is to be managed and prevented from impacting on the water environment and to mitigate flood risk using the most up to date SEPA flood extent map; (i) A surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains, and location of settlement lagoons for silt laden water; (j) Details of temporary site illumination, including measures to ensure light spill/pollution is minimised and avoids habitats within the site and does not extend beyond the immediate working area, and not beyond the site boundary; (k) Protected Species Plan. The Plan shall be informed by protected surveys carried out by a suitably qualified person. The surveys shall inform the mitigation measures required to ensure the protection of the protected species during construction of the Development. The Plan shall provide mitigation measures, as required, and a timetable for implementation. (l) Details of the construction of the access into the site, including associated drainage and the creation and maintenance of associated visibility splays; (m) Site-specific Construction Method Statements for the following: i. Watercourse crossings including full details and plans of the design and specification of all new and upgraded watercourse crossings to be constructed, ensuring continuous flow and fish passage with no hanging culverts, noting all crossings shall
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comprise open culverts or bridges designed to take the 1 in 200 plus climate change flood flows; ii. All permanent roads/tracks to be altered/formed and retained for the operation of the development; including their width, likelihood of widening or passing places, means of drainage (which shall have regard to SUDS principles), means of construction, and edge reinstatement including verge width. The specification shall be accompanied by relevant plans at a sufficient scale; (n) Details of post-construction restoration/reinstatement of the working areas not required during the operation of the Development; (o) Historic Environment Protection Plan including details of protective fencing of the location of the historic environment features to be protected during construction works, including appropriate buffers; (p) A wetland ecosystems survey and mitigation plan; (q) A tree felling and management plan to include measures for the protection of retained trees and woodland; (r) A Construction Noise Management Plan including details of the management of noise and vibration during construction and post- construction restoration, including that caused by construction traffic, to the lowest practicable levels and in accordance with BS 5228:2009 “Code of Practice for noise and vibration control on construction and open sites – Part 1: Noise and Part 2: Vibration” (or any updated version/document which superseded this document) and how any properties likely to be affected by construction noise will be kept informed; (s) A phasing plan for the construction works and (t) A written scheme which details the methodology for dealing with any revisions to any of the documents required under this part (3). Any revised documents will require to be submitted to and approved in writing by the Planning Authority prior to the revisions being implemented on site. (3) The Development shall be implemented in accordance with the CEMP approved under part (1) unless otherwise approved in advance in writing by the Planning Authority. Reason: To ensure that all construction operations are carried out in a manner that minimises their impact on road safety, amenity and the environment, and that the mitigation measures contained in the EIA Report accompanying the application, or as otherwise agreed, are fully implemented. 5. Traffic Management Plan (1) There shall be no Commencement of Development until a Traffic Management Plan has been submitted to and approved in writing by the
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relevant Planning Authority in consultation with the Roads Authority. The Traffic Management Plan shall provide: (a) The routeing of all traffic associated with the development including phasing and timescales; (b) Measures to ensure that the specified routes are adhered to, including monitoring procedures; (c) Details of all, signage and lining arrangements to be put in place; (d) Provisions for emergency vehicle access; (e) Identification of a nominated person to whom any road safety issues can be referred; (f) A plan for access by vehicles carrying abnormal loads and any off-site works, including new or extended passing places, required to facilitate such vehicle movements. Prior to the movement of any abnormal load, any measures required on the trunk road network to accommodate the size or length of the loads being transported, including the removal of street furniture, junction widening and traffic management must be approved and implemented to the satisfaction of the Planning Authority, in consultation with Transport Scotland. Any additional signing or temporary traffic control measures deemed necessary on the trunk road network must be undertaken by a recognised QA traffic management consultant, to be approved by Transport Scotland. (g) Provision for the submission and agreement of a roads condition survey pre-and post-construction accompanied by an appropriate agreement between the relevant Planning Authority and the Company to ensure the delivery of any post-construction public road restoration that may be required (2) The approved Traffic Management Plan shall thereafter be implemented in full unless otherwise agreed in advance in writing with the relevant Planning Authority. Reason: In the interests of road safety and to ensure that abnormal loads access the site in a safe manner. 6. Temporary Site Access (1) There shall be no vehicle site access permitted to the sites area until details of alterations to the verge of the affected public road has been submitted to and approved in writing by the relevant Planning Authority, in consultation with the Roads Authority. The details shall include but not be limited to the following information: (a) A suitably scaled plan showing the location, layout and formation details for the site access(es);
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(b) Details regarding timescales for the opening up and closure of any temporary access together with the time period over which the temporary access will be used; (c) A detailed specification of the materials, including layer depths to be used in the construction of the site accesses; (d) Proposed signing and traffic management measures; and (e) Details including materials for the reinstatement of temporary construction site access. (2) Thereafter the development shall be undertaken in accordance with the approved details. Reason: To ensure an acceptable form of development in terms of the arrangements to manage traffic during construction works at the site(s), in the interest of maintaining a safe and serviceable road network and preserve amenity. 7. Ecological Clerk of Works (1) There shall be no Commencement of Development until the terms of appointment of a suitably qualified, experienced, and independent Ecological Clerk of Works (“ECoW”) by the Company have been submitted to, and approved in writing by, the relevant Planning Authority. The terms of appointment shall: (a) Impose a duty to monitor compliance with the ecological and hydrological commitments provided in the EIA Report and other information lodged in support of the application, and the approved CEMP (“the ECoW works”); (b) Require the ECoW to report to the Company’s nominated construction project manager any incidences of non-compliance with the ECoW works at the earliest practical opportunity; (c) Require the ECoW to submit a monthly report to the relevant Planning Authority summarising works undertaken on site; and (d) Require the ECoW to report to the relevant Planning Authority any incidences of non- compliance with the ECoW Works at the earliest practical opportunity. (2) The ECoW shall be appointed on the approved terms throughout the period from Commencement of Development, throughout any period of construction activity and during any period of post construction restoration works. Reason: To secure effective monitoring of and compliance with the environmental mitigation and management measures associated with the Development.
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8. Archaeology (1) There shall be no Commencement of Development unless an archaeological Written Scheme of Investigation (WSI) has been submitted to, and approved in writing by, the relevant Planning Authority. (2) The WSI shall provide details of how the recording and recovery of archaeological resources found within the application site shall be undertaken, and how any updates, if required, to the Written Scheme of Investigation will be provided throughout the implementation of the programme of archaeological works. The WSI shall also detail how any requirement for reporting, post-excavation analysis, archive deposition, publication of results, and the delivery of public benefit (including how this will be recorded and reported) will be undertaken. (3) A programme of archaeological works must be carried out in accordance with the approved WSI, and any addendums to it, as agreed under part (1). (4) Should the archaeological works carried out under part (3) reveal the need for post excavation analysis, the development hereby approved shall not be brought into use unless a post-excavation research design (PERD) for the analysis, publication and dissemination of results, including additional public engagement, and archive deposition has been submitted to and approved in writing by the relevant Planning Authority. The PERD shall be carried out in complete accordance with the approved details. Reason: To ensure the protection or recording of archaeological features on the site. 9. Access Management Plan (1) There shall be no commencement of Development unless an Access Management Plan (AMP) has been submitted to and approved in writing by the relevant Planning Authority. For the avoidance of doubt the AMP shall include but not be limited to: (a) Details of all core paths and public rights of way that are crossed by the route; (b) Details of any other paths or tracks crossed by the route that are likely to be used for recreational access; (c) Details of any proposed path closures or diversions, including the proposed duration of the closure/diversion and any signage; (d) Measures for monitoring the impacts of any works or vehicle movements on the condition of the identified paths; and (e) Proposals for re-instatement of any damage to the identified paths.
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(2) Thereafter the development shall be undertaken in accordance with the details in the approved AMP. Reason: In order that the relevant Planning Authority may verify the acceptability of the specified details in the interests of safeguarding public access. 10. Construction Compound Details (1) There shall be no construction compounds formed within the Planning Authority areas until the following details have been submitted to and approved in writing by the relevant Planning Authority: (a) A compound phasing plan; (b) The precise location and extent of the compound; (c) Details of screening to mitigate impact of activities within the compound on the amenity of the surrounding area and occupants of nearby property; and (d) Details of artificial lighting and measures and controls to mitigate impact of light pollution on the amenity of the surrounding area and occupants of nearby property. (2) Thereafter the compounds shall be formed and operated in accordance with the approved details and each compound shall be restored to its pre- construction condition no later than 2-months following the expiry of the demobilisation date for that compound as detailed in the compound phasing plan. Reason: In order that the relevant Planning Authority may verify the acceptability of the specified details in the interests of amenity and to ensure restoration of the compound sites. 11. Access Tracks (1) No access tracks shall be formed or upgraded in the planning authority areas until the precise location and extent of all works to form new sections of tracks or upgrade access tracks have been submitted to and approved in writing by the relevant Planning Authority. Thereafter the development shall be undertaken in accordance with the approved details. Reason: In order that the relevant Planning Authority may verify the acceptability of all works relating to access tracks. 12. Bird Protection Plan (1) There shall be no Commencement of Development until a Bird Protection Plan has been submitted to and approved in writing by the relevant Planning
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Authority in consultation with NatureScot. The Bird Protection Plan shall be informed by pre-commencement bird surveys and set out measures to protect any relevant bird species including post construction ornithology surveys at intervals to be agreed with the relevant Planning Authority. (2) Thereafter, the approved Bird Protection Plan shall be implemented in full within the timescales set out in the approved Bird Protection Plan. Reason: In the interests of protecting ornithological interests through the construction, operational and decommissioning of the wind farm. 13. Private Water Supplies (1) At least 14 months prior to commencement of development detailed plans of the finalised development and all associated infrastructure shall be overlain with the relevant buffer zones for the Private Water Supply (“PWS”) sources to Ferryfield House (PWS-TW-1) and Muircroft (PWS-TW-2) and submitted to the relevant Planning Authority. If any PWS is found to have a groundwater source and the source lies within the buffers set out in SEPA Guidance on Assessing Impacts of Developments on Groundwater Abstractions dated August 2024 that serves a property that will continue to require a PWS through the construction and post-construction periods, these plans must be accompanied by a detailed PWS risk assessment in line with SEPA Guidance on Assessing Impacts of Developments on Groundwater Abstractions and a PWS monitoring plan and/or mitigation plan in line with SEPA guidance detailed in Appendix B of SEPA Guidance on Assessing Impacts of Developments on Groundwater Abstractions for approval in writing by the relevant Planning Authority, in consultation with SEPA. (2) The finalised site-specific monitoring plans and contingency plans should be submitted to the satisfaction of the relevant Planning Authority, and thereafter all works carried out in accordance with the approved plans. Monitoring results should be reported to the relevant Planning Authority and the owner/operator of the existing abstractions. Contingency plans should include timescales for notification of relevant stakeholders if adverse impacts are identified and for subsequent design and implementation of remedial actions. Reason: In the interests of protecting the Residential Amenity of existing properties, the health of residents and continued access to safe and sufficient water supplies.
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14. Alternative Private Water Supply Source (1) There shall be no commencement of Development until documentary evidence has been provided to and agreed by the relevant Planning Authority, which demonstrates that suitable and fully operational replacement water supplies of sufficient quantity and quality are operational, should any detailed PWS risk assessment identify this as the most suitable mitigation measure. In each case, the replacement supply shall either be from the public mains or derived from a suitable source shown to be at low or negligible risk of contamination or disruption, and which does not prejudice the quantity or quality of water delivered by other existing private water supplies. Information detailing the suitability of the source; risk of contamination and disruption; impact upon existing supplies; and details of how the supplies will be managed and maintained in perpetuity, must be submitted to and agreed with the relevant Planning Authority in advance of any other works being carried out in associate with this permission. Reason: In order to provide alternative water source in event of long term negative impact on PWS. 15. Flood Extent (1) There shall be no land raising, storage of temporary materials or siting of mobile welfare units are stored/located within the SEPAs Future Flood Extent. (2) Should land raising be required for the upgrading of existing roads or construction of new temporary access roads within the SEPA flood extent, compensatory storage of equal volume will be required unless detailed flood risk information is submitted to demonstrate the land raising will not occur within the associated flood extent. At least one month prior to the commencement of any such land raising works, plans should be submitted to the relevant Planning Authority for approval showing the extent of works and clearly identify where compensatory flood storage will be provided. Reason: In the interest of flood protection. 16. Micro-siting and Limits of Deviation (1) All towers, areas of hardstanding and tracks shall be constructed in the location shown in EIAR Volume 3 – Figure 3.1 – Overview of the Proposed Development. Towers, areas of hardstanding and tracks may be adjusted by micro-siting within limits of deviation specified in this condition. However, unless otherwise approved in advance in writing by the relevant Planning Authority, micro-siting and limits of deviation are subject to the following restrictions:
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(a) Existing towers 155 and 156 scheduled for possible works shall not be increased by more than 2 m above their existing height, when measured in metres Above Ordinance Datum (Newlyn); (b) Existing Tower foundations shall not be moved more than 20 m and contained within the LOD shown on EIAR Volume 3 – Figure 3.1 – Overview of the Proposed Development; (c) Replacement Tower 129 or 132 and associated diversion tower shall not be moved more than 100 m and contained within the LOD as shown within EIAR Volume 3 – Figure 3.1 – Overview of the Proposed Development; (d) No existing road/access track shall be moved more than 20 m either side from its current position and contained within the LOD shown on EIAR Volume 3 – Figure 3.1 – Overview of the Proposed Development; (e) New temporary stone road and trackway panels shall not be moved more than 100 m either side and contained with the LOD shown within EIAR Volume 3 – Figure 3.1 – Overview of the Proposed Development; (f) No micro-siting shall take place within the 20 m limit of deviation which further encroaches into the potentially moderate GWDTE identified within EIAR Volume 3 - Figure 8.1f – Ground Water Dependant Terrestrial Ecosystems; and (g) All micro-siting permissible under this condition must be approved in advance in writing by the Environmental Clerk of Works (ECoW). (2) No later than one month after the Date of Final Energisation, the Company must submit a finalised Site Layout to the relevant Planning Authorities, copied to the Scottish Ministers, showing the final position of the overhead electricity transmission line, all towers, access tracks, and associated infrastructure forming part of the Development. The plan must also specify areas where micro-siting has taken place and, for each instance, be accompanied by copies of the approval from the ECoW or Planning Authorities, as applicable. Reason: To control environmental impacts whilst taking account of local ground conditions. 17. Construction Hours (1) Construction work which is audible from any noise-sensitive receptor shall only take place between the hours of 07.00 to 19.00 on Mondays to Fridays inclusive and 07.00 to 16.00 on Saturdays, with no construction work taking place on Sundays or on local public holidays. Outwith these specified hours, only maintenance works, emergency works, and limited construction works on the site as specified; concrete pours, dust suppression, and the testing of
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plant and equipment are permissible (unless otherwise approved in advance in writing by the relevant Planning Authority). (2) HGV movements to and from the site (excluding abnormal loads) during construction of the development shall be limited to 07.00 to 19.00 Mondays to Fridays, and 07.00 to 16.00 on Saturdays, with no HGV movements to or from site taking place on Sundays or on local public holidays (unless otherwise approved in advance in writing by the relevant Planning Authority). Reason: In the interests of local amenity. Definitions In this consent and deemed planning permission: “Approved Plans” means the plans included in the Environmental Impact Assessment Report submitted with the application, Figure 1.1 Location Plan reproduced in Annex 3. “the Application” means the application submitted by the Company on 18 November 2024. “Commencement of Development” means the date on which Development shall be taken as begun in accordance with section 27 of the Town and Country Planning (Scotland) Act 1997 (as amended). For the avoidance of doubt ground investigation and site investigation works and its associated tree felling does not constitute Commencement of the Development for the purposes of this consent. “the Company” means Scottish Hydro Electric Transmission PLC, Inveralmond House, 200 Dunkeld Road, Perth PH1 3AQ, or such other person who from time to time may lawfully have the benefit of this consent. “the Development” means the development as described in Annex 1 authorised by this section 37 consent and deemed planning permission. “HES” means Historic Environment Scotland. “Planning Authority Area” –means the boundaries of Angus Council, Fife Council and Perth and Kinross Council, which the proposed development crosses. “SEPA” means Scottish Environmental Protection Agency. “NatureScot” means Scottish Natural Heritage now operating as NatureScot.
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“the Planning Authorities” means Angus Council, Fife Council and Perth and Kinross Council within whose boundary the Development is situated. “the proposed Development” means the development described in Annex 1 authorised by this section 37 consent and deemed planning permission. Conclusion and Reasons for Recommendation To conclude, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Accordingly, following assessment of the documentation submitted in relation to the proposal and the content of the proposed conditions, it is recommended that PKC does not object to the proposal. Recommendation Do not object subject to the above conditions. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Background Papers Letters of representation N/A Authors Name Designation Contact Details Alex Gudgeon Planning Officer (Major applications) developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 22 May 2025