Agenda Document Pack - Planning and Placemaking Committee - 11/06/2025
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.
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Ambition | Compassion | Integrity Our vision is for a Perth and Kinross where everyone can live life well, free from poverty and inequality Council Building 2 High Street Perth PH1 5PH 02/06/2025 A hybrid meeting of the Planning and Placemaking Committee will be held in the Council Chambers (Hybrid) on Wednesday, 11 June 2025 at 09:00. If you have any queries please contact Democratic Services on (01738) 475000 or email Committee@pkc.gov.uk. THOMAS GLEN Chief Executive Those attending the meeting are requested to ensure that all notifications are silent on their device and other devices are in silent mode. Please note that the meeting will be broadcast online and recorded. The recording will be publicly available on the Council’s website following the meeting. Members: Councillor Ian Massie (Convener) Councillor Grant Stewart (Vice-Convener) Councillor Keith Allan Councillor Bob Brawn Councillor Dave Cuthbert Councillor Ken Harvey Councillor David Illingworth Councillor Ian James Bailie Claire McLaren Councillor Richard Watters Bailie Mike Williamson Page 1 of 180
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Planning and Placemaking Committee Wednesday, 11 June 2025 Agenda Members are reminded of their obligation to declare any financial or non- financial interest which they may have in any item on this agenda in accordance with the councillors’ code of conduct. 1 WELCOME AND APOLOGIES/SUBSTITUTES 2 DECLARATIONS OF INTEREST 3 MINUTE OF MEETING OF THE PLANNING AND PLACEMAKING COMMITTEE OF 14 MAY 2025 FOR APPROVAL (copy herewith) 5 - 36 4 DEPUTATIONS 5 APPLICATIONS FOR DETERMINATION 5(1) SECTION 36 CONSULTATIONS 5(1)(i) 24/01862/ECU36 - FORMATION OF A 100MW BATTERY ENERGY STORAGE FACILITY COMPRISING BATTERY STORAGE UNITS, ANCILLARY BUILDINGS AND EQUIPMENT, ACCESS ROAD AND ASSOCIATED WORKS (ECU REFERENCE - ECU00004931), LAND 360 METRES SOUTH EAST OF COLBEGGIE FARM COTTAGE, KETTINS, BLAIRGOWRIE, PH13 9HA Report by Development Management and Building Standards Service Manager (copy herewith 25/148) 37 - 58 5(2) SECTION 37 CONSULTATIONS 5(2)(i) 24/01870/ECU37 - TEALING TO WESTFIELD OHL 400 KV UPGRADE (RECONDUCTORING) - ECU00005168, LAND 300 METRES SOUTH OF MAINS OF MEGGINCH, ERROL, PERTH, PH2 7RN 59 - 82 Page 3 of 180
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Report by Development Management and Building Standards Service Manager (copy herewith 25/149) 5(2)(ii) 24/01874/ECU37 - UPGRADE TO EXISTING OVERHEAD LINE - ALYTH TO TEALING - ECU00005167, LAND 320 METRES WEST OF DRUMKILBO MAINS FARM, MEIGLE, BLAIRGOWRIE, PH12 8QS Report by Development Management and Building Standards Service Manager (copy herewith 25/150) 83 - 106 5(3) MAJOR APPLICATIONS 5(3)(i) 24/00070/FLM - FORMATION OF A 49.9MW SOLAR FARM COMPRISING GROUND MOUNTED SOLAR ARRAYS, INVERTERS, SUBSTATION, ANCILLARY BUILDINGS, FENCING, CCTV, CAMERAS, ACCESS TRACKS AND ASSOCIATED WORK, LAND 500 METRES NORTH WEST OF EAST SAUCHER HOUSE, KINROSSIE Report by Development Management and Building Standards Service Manager (copy herewith 25/151) 107 - 142 5(4) LOCAL APPLICATIONS 5(4)(i) 21/00248/FLL - ERECTION OF RETAIL UNIT (CLASS 1A), FORMATION OF ACCESS, CAR PARKING,, ENGINEERING WORKS, LANDSCAPING AND ASSOCIATED WORKS, LAND WEST OF 4 PICKEMBERE, PITHEAVLIS, PERTH Report by Development Management and Building Standards Service Manager (copy herewith 25/152) 143 - 170 6 PROPOSAL OF APPLICATION NOTICES (POAN) 6(i) 25/00005/PAN - PROPOSED DEMOLITION, RE- DEVELOPMENT AND ENLARGEMENT OF POULTRY FARM, ASSOCIATED INFRASTRUCTURE AND WORKS, BALADO BRIDGE POULTRY FARM, BALADO Pre-application Report by Development Manager and Building Standards Service Manager (copy herewith 25/153) 171 - 180 Page 4 of 180
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DRAFT PLANNING AND PLACEMAKING COMMITTEE Minute of hybrid meeting of the Planning and Placemaking Committee held in the Council Chambers, 2 High Street, Perth, on Wednesday 14 May 2025 at 9.30am. Present: Councillors I Massie, G Stewart, K Allan, B Brawn, D Cuthbert, A Forbes (substituting for Councillor D Illingworth), K Harvey, Bailie C McLaren, R Watters and Bailie M Williamson. In Attendance: L MacLean, L Reid, K Smith, and S Panton (all Economy, Development and Planning); A Brown, G Fogg, S Dockerill and R Ramsay (all Legal and Governance). Apologies: Councillors I James and D Illingworth. Councillor I Massie, Convener, Presiding. 1. Welcome and Apologies The Convener welcomed everyone present to the meeting and noted apologies as above. 2. Declarations of Interest The were no Declarations of Interest made in terms of the Councillors Code of Conduct. 3. Minutes The minute of meeting of the Planning and Placemaking Committee of 16 April 2025 was submitted and approved as a correct record. 4. Deputations Although there were no requests for deputations the agent in relation to 24/01483/AMM and the agent in relation to both 24/01757/AMM and 24/01758/FLL, were present to answer any questions from members. 5. Apology by Councillor K Allan Councillor K Allan addressed the Committee and apologised for remarks he made about the outcome of a planning application that had been decided at a committee relatively recently. He realised that those remarks could be seen as reflecting on the decision-making process of the committee and on the members that took that decision. I had not been his intention to cast doubt on how the decision was reached nor how my fellow committee members came to their decision. The remarks were made in the heat of the moment and he apologised for them. 3 Page 5 of 180
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DRAFT 6. Applications For Determination (1) Major Application (i) 24/01386/FLM - Formation of a 49.9MW battery energy storage facility comprising battery storage units, ancillary buildings and equipment, access road and associated works, land 200 metres north of Pitcurran House, Newburgh Road, Abernethy, Perth, PH2 9LG (Report No. 25/117) Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 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. 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 Page 6 of 180
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DRAFT 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 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 Page 7 of 180
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DRAFT 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. 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. Page 8 of 180
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DRAFT 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. 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. Page 9 of 180
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DRAFT 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. 19. Prior to the commencement of development, the applicant shall submit a site specific Battery Safety Management Plan to the Council as Planning Authority, in consultation with Network Rail, for written approval. The plan should include all relevant fire safety information, including full details of the fire detection system proposed. Thereafter, the agreed scheme shall be implemented in full for the life of the development and prior to the bringing into use of any part of the development. Reason: In the interests of public safety and the protection of Network Rail infrastructure. 20. Prior to the commencement of development, full details of the proposed surface and foul water drainage scheme, with particular regard to the neighbouring railway, shall be submitted to the Council as Planning Authority, in consultation with Network Rail, for written approval. Thereafter, the agreed scheme shall be implemented in full and maintained for the life of the development. Reason: To protect the stability of the adjacent railway lines and the safety of the rail network. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. 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. Page 10 of 180
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DRAFT 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). 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 Page 11 of 180
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DRAFT 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. 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 rail traffic 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. Page 12 of 180
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DRAFT 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, 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- Guidance- Adopted2020/pdf/River_Tay_SAC_2020_Adopted.pdf?m =637426890920130000 (ii) 24/01483/AMM - Erection of 42 dwellinghouses and associated works - phase 2 (change of house type and plot layout of 22/02223/AMM), Scone North, Scone, Perth (Report No. 25/118) Mr S Panton introduced the report and advised that SEPA are now happy with the information they had received and had withdrawn their holding objection. Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 1. The development must be begun not later than the expiration of three years beginning with the date on which this approval of matters specified in condition is granted. If development has not begun at the expiration of this period, the approval of matters specified in condition lapses. Reason: In order to ensure the development to which this approval of matters specified in conditions relates is commenced timeously and in accordance with Section 41(1)(c) of the Town and Country Planning (Scotland) Act 1997. 2. 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. Page 13 of 180
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DRAFT 3. The Construction Environment Management Plan (CEMP) submitted to satisfy Condition 19 of planning permission 16/02127/IPM shall be implemented concurrent with the development. The CEMP will remain a dynamic document throughout the duration of construction and until the completion of development. The CEMP can be amended as necessary to meet best practice in terms of environment or ecology. Any amended document shall be submitted to the Planning Authority for written approval as soon as reasonably practicable citing the relevant amendment and appropriate guidance. Reason: In the interest of protecting environmental quality and of biodiversity. 4. All road gullies within 500m of a waterbody or Sustainable Urban Drainage (SUDS) pond shall have wildlife kerbs installed adjacent to the gully. 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). 5. All trees identified for retention and any peripheral trees bounding the site, which may be affected by any element of the approved development and its associated construction, (including land within the blue site area) shall be protected in full accordance with BS 5837: 2012 'Trees in relation to design, demolition and construction'. Reason: In the interest of tree protection in the interests of biodiversity and amenity of the area. 6. The detailed landscaping and planting proposal specifications as hereby approved shall be undertaken and delivered commensurate with the residential development elements and thereafter maintained to the satisfaction of the Council as Planning Authority. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar sizes and species to the satisfaction of the Council as Planning Authority. Reason: In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality and in pursuance of satisfying placemaking policy criteria of the adopted LDP. 7. Development shall not commence on site until an evaluation for the potential of the site to be affected by contamination by a previous use has been undertaken and, as a minimum, a Preliminary Risk Assessment (Phase 1 Desk Study) has been submitted for consideration and accepted by the Council as Planning Authority. If the preliminary risk assessment identifies the need for further assessment, an intrusive investigation shall be undertaken to identify; Page 14 of 180
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DRAFT I. the nature, extent and type(s) of contamination on the site II. measures to treat/remove contamination to ensure the site is fit for the use proposed III. measures to deal with contamination during construction works IV. condition of the site on completion of decontamination measures. Prior to the completion or bringing into use of any part of the development the measures to decontaminate the site shall be fully implemented in accordance with the scheme subsequently agreed by the Council as Planning Authority. Verification that the scheme has been fully implemented must also be submitted to the Council as Planning Authority. Reason: In order to deal with any potential contamination of the site as a result of its former use. 8. Storm water drainage from all paved surfaces, including the access, shall be disposed of by means of suitable Sustainable Urban Drainage Systems to meet the requirements of best management practices. Reason: To ensure the provision of provide effective drainage for the site. 9. Concurrent with the initiation of the development hereby approved and for the duration of construction, a temporary surface water treatment facility shall be implemented on site and maintained for the duration of the approved development works. The temporary surface water treatment facility shall remain in place until the permanent surface water drainage scheme is implemented unless otherwise agreed in writing by the Council as Planning Authority. Reason: To ensure the appropriate management of construction surface water run-off to minimise flooding and avoid discharge of sediment/pollution to the local water environment or neighbouring property, in the interests of residential and environmental amenity. 10. The conclusions and recommended action points within the supporting ecology and tree survey reports including the Arboricultural Impact Assessment submitted and approved as part of 22/02223/AMM shall be fully adhered to, respected and undertaken as part of the construction phase of development. If works are not commenced within 24 months of the date of the ecology and tree survey reports approved as part of 22/02223/AMM, then updated surveys will be required to be submitted to the Planning Authority for written approval prior to the commencement of works. Reason: In the interests of protecting environmental quality and of biodiversity. Page 15 of 180
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DRAFT 11. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, all biodiversity enhancement measures in the Scone North Phase 2A Biodiversity Action Plan (submitted for 22/02223/AMM) must be provided in full. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development. Reason: In the interests of protecting environmental quality and of biodiversity. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. 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. Please use the form attached herewith. 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. Please use the form attached herewith. 3. 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: 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. 4. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority Road Construction Consent (RCC) to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environment Page 16 of 180
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DRAFT Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 5. The applicant should be advised to contact Perth & Kinross Council Street Lighting Department to obtain technical approval for all street lighting provision. 6. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot to disturb a protected species. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are severe for non- compliance. 7. 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. 8. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste, including construction phasing. 9. No work shall be commenced until an application for building warrant has been submitted and approved. 10. There is a continued requirement for a Section 75 legal obligation associated with Planning Permission in Principle 16/02127/IPM, relating to: Community Facility delivery Contribution towards Sports Facilities, including provision towards sports pitches and pavilion Open Space provision and maintenance Compensatory Tree planting Public Transport movement Affordable Housing Structure Planting delivery. A copy is available to view on the Council's Public Access portal. 11. The applicant is advised to refer to Perth & Kinross Council's Flood Risk and Flood Risk Assessments Supplementary Guidance, and the CIRIA SuDS manual as it contains advice relevant to your development. 12. Prior to the completion or occupation of the development hereby approved, whichever is the earlier, hedgehog highways shall be created by providing access gaps in wooden fences on each plot at least 13cm x 13cm at ground level, to allow for the free movement of hedgehogs. Thereafter, the hedgehog highways shall be retained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. Page 17 of 180
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DRAFT 13. 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. 14. 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. (iii) 24/01961/AMM - Erection of 43 dwellinghouses, landscaping and associated infrastructure (approval of matters specified in conditions of 02/01482/IP), land to the north of A912 at Oudenarde, Bridge of Earn, Perth (Report No. 25/119) Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 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. Phasing 2. Prior to the commencement of development a revised detailed phasing strategy (supported by appropriate plans) shall be submitted to and approved in writing by the Council as Planning Authority. The phasing strategy shall include the following details: (i) The timing and number of dwellings to be developed in each phase; (ii) The timing and delivery of infrastructure, open space and landscaping; Page 18 of 180
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DRAFT (iii) The timing and location of any temporary construction compound. Once approved, the development shall proceed in accordance with the approved delivery phasing strategy to the satisfaction of the Council as Planning Authority. Reason: In order to ensure the satisfactory implementation and completion of the development. Roads and Transport 3. Prior to the occupation of any dwellinghouse, all matters regarding access, car parking, road layout, design, and specification, including the disposal of surface water, shall be in accordance with the standards required by the Council as Roads Authority. Reason: In the interest of vehicle and pedestrian safety and in accordance with the policies of the adopted Development Plan. 4. Prior to the occupation of the 10th dwellinghouse hereby approved, all footpaths and cycleways shall be finished in accordance with the details, as agreed in drawing number 30, and shall thereafter be maintained for the life of development. Reason: In the interest of pedestrian and cycle safety. 5. Prior to the occupation of the first dwellinghouse hereby approved, the developer shall provide and install on appropriate hard stand asphalt areas, within the existing lay-bys on the A912 (east of the roundabout entrance junction) two 3 Bay enclosed bus shelters (Cairngorm style) supplied and installed with passenger information board, LED spotlights (one per bay), a 28in Ultra-Wide Display Screen for Real Time Passenger Information installed on the approach side of the shelter and a 24/7 electrical power supply to a Haldo pillar adjacent to the shelter to provide power for the LED lighting and Real Time Passenger Information display. The design, siting and specification shall be agreed in writing with the Council as Planning Authority, in consultation with Perth & Kinross Council’s Public Transport Unit, prior to works commencing. In the event that it is not possible to install at this location, an alternative shall be agreed in writing with the Planning Authority. Reason: In the interest of sustainable travel. 6. Prior to commencement of any development on site, the street lighting design must be submitted for the further written agreement of the Council as Planning Authority, in consultation with Perth & Kinross Council's Street Lighting Partnership for the public road network. The scheme shall include details of light spill, brightness of the lighting and the proposed hours of operation for both the public road network and the private areas, and timescales for delivery. The agreed lighting scheme shall Page 19 of 180
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DRAFT be implemented as part of the site development and maintained in full accordance with the agreed scheme. Reason: In the interests of road safety and to ensure suitable lighting. 7. Prior to the commencement of the development hereby approved, the developer shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: (a) restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; (b) timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; (c) a code of conduct for HGV drivers to allow for queuing traffic to pass; (d) arrangements for liaison with the Roads Authority regarding winter maintenance; (e) emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; (f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; (g) arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; (h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; (i) details of information signs to inform other road users of construction traffic; (j) arrangements to ensure that access for emergency service vehicles are not impeded; (k) co-ordination with other significant developments known to use roads affected by construction traffic; (l) traffic arrangements in the immediate vicinity of temporary construction compounds; (m) the provision and installation of traffic counters at the applicant's expense at locations to be agreed prior to the commencement of construction; (n) monitoring, reporting and implementation arrangements; Page 20 of 180
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DRAFT (o) arrangements for dealing with non-compliance; and (p) details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason: In the interests of road safety 8. No more than 348 residential dwellings at Oudenarde shall be constructed prior to the completion of modifications to the existing M90 / A912 priority- controlled interchange, generally as illustrated on TA Millard Drawing No. 3167/03/418 and 3167/03/419, unless otherwise agreed in writing with the Planning Authority, following consultation with Transport Scotland. The number of residential dwellings covered by this application, together with the number of residential dwellings previously approved in terms of consent reference 05/00410/ FUL (75 dwellings), 08/01458/FUL (75 dwellings) and 16/02156/AMM (159 dwellings) and constructed, shall not exceed that aforementioned 348 residential dwellings threshold applying in terms of this aforementioned Modified IPM Decision. Reason: To ensure provision of adequate road infrastructure improvement works, in the interest of pedestrian and road safety. 9. Development shall not commence until a detailed Travel Plan (TP), aimed at encouraging more sustainable means of travel, has been submitted to and agreed in writing by the Council as Planning Authority. The TP will have particular regard to provision for walking, cycling and public transport access to and within the site and will identify the measures to be provided (including the provision of new and/or enhanced public transport services), any phasing, the system of management, monitoring, review, reporting and the duration of the Plan. The TP as agreed shall be fully implemented. Reason: To promote sustainable transport options and to meet advice within National Planning Framework on transport. 10. No obstruction of any kind shall be placed, including fencing or vegetation, within adoptable service strips, for the life of the development. Reason: In the interests of the ability to maintain services. Landscape 11. Prior to the commencement of the development hereby approved, an updated detailed landscaping and planting scheme together with a tree planting plan for the site shall be submitted for the written agreement of the Council as Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and installation methods and, species, Page 21 of 180
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DRAFT height, size and density of trees and shrubs to be planted. The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme as agreed and implemented shall thereafter be maintained in line with the agreed specification. Reason: In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality and in pursuance of suitably satisfying placemaking policy criteria of the adopted Development Plan. 12. Any planting failing to become established within five years shall be replaced in the following planting season with others of similar sizes and species. Reason: In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality and in pursuance of suitably satisfying placemaking policy criteria of the adopted Development Plan. Biodiversity 13. All existing trees and hedgerows shown to be retained shall be protected by suitable fencing in accordance with BS5837 2012 (Trees in Relation to Construction), unless otherwise agreed in writing by the Planning Authority. The details of the protective fencing and its location as shown in the Tree Protection Fencing Plan, approved under planning reference 21/00615/AMM, drawing number 30, must be installed prior to the commencement of development. No materials, supplies, plant, machinery, soil heaps, changes in ground levels or construction activities shall be permitted within the protected areas without the written agreement of the Council as Planning Authority and no fire shall be lit in the position where the flames could extend to within 5 metres of foliage, branches, or trunks. Reason: to ensure adequate protection for the trees on the site during the construction, in the interests of the visual amenity of the area. 14. No removal of hedgerows, trees or shrubs or works to or demolition of any buildings or structures that may be used by breeding birds shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds' nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interest on site. Any such written confirmation should be submitted to and verified by the Council as Planning Authority. Page 22 of 180
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DRAFT 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). 15. Where it is intended to create semi-natural habitats, all species used in the planting proposals detailed in the approved plans shall be locally native species of local provenance unless otherwise agreed in writing with the Council as Planning Authority. Reason: In the interests of enhancing environmental quality and of biodiversity. 16. Prior to the occupation of each dwelling a hedgehog highway shall be installed in garden fences by providing access gaps of 13cm x 13cm at ground level to allow free movement of animals. 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). 17. Prior to the commencement of development all road gullies within 500m of the SUDS pond shall have Wildlife Kerbs installed adjacent to it to allow amphibians to pass safely. 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). 18. Bat and bird nesting boxes shall be installed on the relevant gable, in accordance with the approved locations, shown on drawing number 29, prior to the occupation of the relevant residential unit. 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). 19. Prior to the commencement of development the developer shall submit for the written agreement of the Council as Planning Authority a Site Biodiversity Action Plan. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development. Reason: In the interests of protecting environmental quality and of biodiversity. 20. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework Page 23 of 180
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DRAFT greater than 150 mm outside diameter being blanked off at the end of each working day. Reason: In order to prevent animals from being trapped within any open excavations. Environmental Impact 21. Prior to the commencement of development hereby approved, a scheme shall be submitted to, and approved in writing by, the Council as Planning Authority that demonstrates how at least 10% of the current carbon emissions reduction set by the Scottish Buildings Standards will be met through the installation and operation of low and zero-carbon technologies. This scheme shall detail for each building: a) the technology types; b) illustrate, through technical calculations, that these will meet at least the 10% reduction; c) their siting and location; and d) ongoing operation and maintenance. Once approved, the development shall be completed in accordance with the approved scheme and no individual unit shall be occupied until the scheme has been installed and operating. Reason: To embed low and zero-carbon technologies within the development in the interest of environmental sustainability. 22. Prior to the commencement of development of each phase a Construction Environmental Management Plan (CEMP) must be submitted for the approval of the Planning Authority. The measures outlined in the agreed CEMP shall be adhered to at all times during the construction period. Reason: In the interests of protecting environmental quality and of biodiversity. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Informatives 1. Applicants are advised that the development granted under this Approval of Matters Specified in Conditions must be commenced not later than 25 years from the date on which Planning Permission in Principle (02/01482/IPM) was granted which was in this case 8 September 2016. 2. 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 Page 24 of 180
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DRAFT 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. 3. 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. 4. 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. In accordance with 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. 5. The developer is advised to contact Perth and Kinross Heritage Trust (tel 01738 477027), to discuss terms of reference for work required. 6. The applicant is advised that in terms of Sections 21 of the Roads (Scotland) Act 1984 they must obtain from the Council as Roads Authority Road Construction Consent (RCC) to construct a new road prior to the commencement of roadworks. Advice on the disposal of surface water must be sought at the initial stages of design from Scottish Water and the Scottish Environmental Protection Agency. Please note that a fee is chargeable for the processing of RCC applications. 7. Application for a new postal address should be made via the Street Naming and Numbering page on the Perth & Kinross Council website at www.pkc.gov.uk/snn. Please note there is a charge for this service and submission cannot be made until the relevant Building Warrant has been approved. 8. The applicant is advised that the granting of planning permission does not guarantee a connection to Scottish Water’s assets. The applicant must make a separate application to Scottish Water Planning & Development Services team for permission to connect to the public wastewater system and/or water network and all their requirements must be fully adhered to. 9. Trees and scrub are likely to contain nesting birds between 1st March and 31st August inclusive. Trees and scrub are present on the application site and are to be assumed to contain nesting birds between the above dates. The applicant is reminded that, under the Wildlife Page 25 of 180
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DRAFT 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. 10. No work shall be commenced until an application for building warrant has been submitted and approved. 11. The applicant is reminded that this site is still subject to a Section 75 Legal Agreement, securing Developer Contribution requirements and other matters, as secured as part of planning permission 02/01482/IPM. This permission continues to be tied by this legal agreement and the associated requirements will continue to apply. A copy is available to view on the Council’s Public Access portal. 12. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months(or four months in the case of a major application) to consider the information. You should therefore submit the required information more than two months (or four months) before your permission expires. We cannot guarantee that submissions made within two months (or four months) of the expiry date of your permission will be able to be dealt with before your permission lapses. 13. 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. 14. The applicant is reminded to discuss with the Council's Transport Unit the supply of a bus service and public transport infrastructure to ensure an adequate public transport provision for the site. 15. The applicant is advised that technical approval will be required for all street lighting apparatus within adoptable areas, including the access road onto the A912, and should contact the Street Lighting Partnership to obtain technical approval prior to the submission of a Road Construction Consent application. 16. Refuse collection vehicle will only enter the site during development where there is clear access, adequate Page 26 of 180
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DRAFT turning and a suitable road surface with no raised ironworks. This means that Waste Services may not be able to provide a full kerbside recycling service to residents whilst the build is ongoing and bins may have to be emptied from a collection point, specified by the area Community Waste Adviser, until full access is made available for refuse collection vehicles. The developer must contact the Community Waste Team to discuss bin collection as the site progresses. 17. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste. 18. The applicant is advised that Perth and Kinross Council have a charging scheme for recycling and waste bins for new build properties and newly created dwellings. Further information can be found at: https://www.pkc.gov.uk/binrequests 19. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are sever for non-compliance. 20. This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the layout, housing mix, boundary treatments and landscaping. (The Committee took a 5 minute recess) Prior to the commencement of the following item the Convener passed on the committees condolences to the family and friends of Ronnie Muir, Director of Muir Homes, who sadly passed away last week. (iv) 24/01757/AMM - Erection of 38 dwellinghouses and 4 flats and associated works (approval of matters specified in conditions of 16/01809/IPM Phase 2a), land 40 metres north of 51 Castle Drive, Auchterarder, PH2 1FU (Report No. 25/120) Ms A Russell, on behalf of Muir Homes, answered members questions. Resolved: Grant, subject to the following terms, conditions and informatives: Page 27 of 180
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DRAFT Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason: This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. 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. 3. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; a code of conduct for HGV drivers to allow for queuing traffic to pass; arrangements for liaison with the Roads Authority regarding winter maintenance; emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; details of information signs to inform other road users of construction traffic; arrangements to ensure that access for emergency service vehicles are not impeded; Page 28 of 180
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DRAFT co-ordination with other significant developments known to use roads affected by construction traffic; traffic arrangements in the immediate vicinity of temporary construction compounds; the provision and installation of traffic counters at the applicant's expense at locations to be agreed prior to the commencement of construction; monitoring, reporting and implementation arrangements; arrangements for dealing with non-compliance; and details of HGV movements to and from the site. The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason: In the interests of proper site management. 4. A Construction Environmental Management Plan (CEMP) shall be submitted prior to the commencement of the development for the written approval of the Planning Authority. The CEMP shall include recommendations for the control of working hours, noise, dust and vibration during the construction stage of the development and once approved shall be implemented throughout the construction phase of the development. Reason: In the interests of protecting environmental quality. 5 Prior to the commencement of the development hereby approved, a Biodiversity Enhancement Plan for the site shall be submitted. Thereafter, the agreed scheme shall be implemented in full prior to the completion of the development. Reason: In the interests of protecting environmental quality and of biodiversity. 6. 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 to the satisfaction of the Council as Planning Authority, 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: In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Page 29 of 180
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DRAFT Informatives 1. The applicant is advised to refer to the existing Section 75 Legal Agreement and the implications that this agreement has with regards to commencing works, with particular attention drawn towards the sports facilities provision and the Shinafoot junction works. 2. 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. Please use the form attached herewith. 3. 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. Please use the form attached herewith. 4. 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. 5. 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. 6. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should Page 30 of 180
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DRAFT ensure adequate measures are provided on site to allow for the collection of waste. 7. 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. https://www.pkc.gov.uk/ldp2floodrisk 8. Application for a new postal address should be made via the Street Naming and Numbering page on the Perth & Kinross Council website at www.pkc.gov.uk/snn. Please note there is a charge for this service and submission cannot be made until the relevant Building Warrant has been approved. 9. No work shall be commenced until an application for building warrant has been submitted and approved. 10. This development will require the 'Display of notice while development is carried out', under Section 27C(1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013, 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: 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. (2) Local Applications (i) 24/01758/FLL - Erection of 6 dwellinghouses, landscaping and associated infrastructure (Phase 2A), land 90 metres north west of Castlemains Farm Steading, Auchterarder, PH3 1DX (Report No. 25/121) Resolved: Grant, subject to the following terms, conditions and informatives: Conditions 1. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period. Reason: This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. 2. The development hereby approved must be carried out in accordance with the approved drawings and documents, Page 31 of 180
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DRAFT 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. 3. Prior to the commencement of the development hereby approved, the applicant shall submit for the further written agreement of the Council as Planning Authority, in consultation with the Roads Authority (Structures), a Construction Traffic Management Scheme (TMS) which shall include the following: restriction of construction traffic to approved routes and the measures to be put in place to avoid other routes being used; timing of construction traffic to minimise impact on local communities particularly at school start and finishing times, on days when refuse collection is undertaken, on Sundays and during local events; a code of conduct for HGV drivers to allow for queuing traffic to pass; arrangements for liaison with the Roads Authority regarding winter maintenance; emergency arrangements detailing communication and contingency arrangements in the event of vehicle breakdown; arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; arrangements for cleaning of roads affected by material deposited from construction sites associated with the development; arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic in order to provide safe access for pedestrians, cyclists and equestrians; details of information signs to inform other road users of construction traffic; arrangements to ensure that access for emergency service vehicles are not impeded; co-ordination with other significant developments known to use roads affected by construction traffic; traffic arrangements in the immediate vicinity of temporary construction compounds; the provision and installation of traffic counters at the applicant's expense at locations to be agreed prior to the commencement of construction; monitoring, reporting and implementation arrangements; arrangements for dealing with non-compliance; and details of HGV movements to and from the site. Page 32 of 180
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DRAFT The TMS as approved shall be strictly adhered to during the entire site construction programme. Reason: In the interests of proper site management. 4. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) which has been submitted by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the 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 ensure a programme of archaeological works is carried out to safeguard and record any archaeological remains within the development area. 5. A Construction Environmental Management Plan (CEMP) shall be submitted prior to the commencement of the development for the written approval of the planning authority. The CEMP shall include recommendations for the control of working hours, noise, dust and vibration during the construction stage of the development and once approved shall be implemented throughout the construction phase of the development. Reason: In the interests of protecting environmental quality. 6. Prior to the commencement of the development hereby approved, a Biodiversity Enhancement Plan for the site shall be submitted. Thereafter, the agreed scheme shall be implemented in full prior to the completion of the development. Reason: In the interests of protecting environmental quality and of biodiversity. 7. 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 Page 33 of 180
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DRAFT thereafter be maintained to the satisfaction of the Council as Planning Authority, 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: In the interests of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 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 1. Permission shall not to be issued until the Section 75 Agreement has been signed and registered to take account of this application. The legal agreement should be concluded and completed within 4 months of the date of any Committee approval. Failure to conclude a legal agreement within 4 months will result in the planning application being re-assessed through failing to comply with the associated developer contributions policy and may be ultimately recommended for refusal under delegated powers Informatives 1. The applicant is advised to refer to the existing Section 75 Legal Agreement and the implications that this agreement has with regards to commencing works, with particular attention drawn towards the sports facilities provision and the Shinafoot junction works. 2. 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. Please use the form attached herewith. 3. 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. Please use the form attached herewith. 4. 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 Page 34 of 180
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DRAFT 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. 5. 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. 6. The applicant should be aware of the requirements of the Council's Environment and Regulatory Services in relation to waste collection from the site and should ensure adequate measures are provided on site to allow for the collection of waste. 7. 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. https://www.pkc.gov.uk/ldp2floodrisk 8. Application for a new postal address should be made via the Street Naming and Numbering page on the Perth & Kinross Council website at www.pkc.gov.uk/snn. Please note there is a charge for this service and submission cannot be made until the relevant Building Warrant has been approved. 9. No work shall be commenced until an application for building warrant has been submitted and approved. Page 35 of 180
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DRAFT 7. Proposal of Application Notices (PoAN) (i) 25/00006/PAN - Redevelopment works comprising alterations to grass football pitches to form 2 synthetic football pitches, extension to building, erection of spectator stand and associated works, Jeanfield Swifts Stadium, Bute Drive, Perth, PH1 3BG (Report No. 25/122) Bailie M Williamson requested due consideration be given to suitable noise kick back boards around the edge of the site, suitable drainage and landscaping and mitigation against light pollution from flood lights. The contents of the Report by the Development Management and Building Standards Service Manager, were noted. 8. Reply from Scottish Minister The convener circulated, for members information, a copy of the response that he received from Mr Ivan McKee in regards to the letter he had sent requesting a review of Policy 28 on Retail within the National Planning Framework 4 (NPF4) following the March meeting of the committee. Page 36 of 180
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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. 25/148) 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 5(1)(i) Page 37 of 180
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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 38 of 180
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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 39 of 180
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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 40 of 180
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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 41 of 180
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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 42 of 180
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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 43 of 180
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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 44 of 180
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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 45 of 180
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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 46 of 180
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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 47 of 180
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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 48 of 180
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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 49 of 180
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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 50 of 180
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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 51 of 180
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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 52 of 180
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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 53 of 180
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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 Page 54 of 180
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Ü Formation of a 100MW battery energy storage facility comprising battery storage units, ancillary buildings and equipment, access road and associated works – ECU00004931 on land 260 metres South East of Colbeggie Farm Cottage, Kettins, Blairgowrie 24/01862/ECU36 Scale 1:25,000 Planning and Placemaking Committee 11 June 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(i) Page 55 of 180
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Ü Formation of a 100MW battery energy storage facility comprising battery storage units, ancillary buildings and equipment, access road and associated works – ECU00004931 on land 260 metres South East of Colbeggie Farm Cottage, Kettins, Blairgowrie 24/01862/ECU36 Scale 1:10,000 Planning and Placemaking Committee 11 June 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(1)(i) Page 57 of 180
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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). 5(2)(i) Page 59 of 180
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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. Page 60 of 180
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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 Page 61 of 180
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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. Page 62 of 180
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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 Page 63 of 180
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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. Page 64 of 180
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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. Page 65 of 180
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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. Page 66 of 180
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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; Page 67 of 180
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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 Page 68 of 180
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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 Page 69 of 180
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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); Page 70 of 180
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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. Page 71 of 180
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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. Page 72 of 180
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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 Page 73 of 180
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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. Page 74 of 180
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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: Page 75 of 180
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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 Page 76 of 180
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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. Page 77 of 180
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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 Page 78 of 180
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Ü Tealing to Westfield OHL 400 KV upgrade (reconductoring) ECU00005168 on land 300 metres South of Mains of Megginch, Errol 24/01870/ECU37 Scale 1:150,000 Planning and Placemaking Committee - 11 June 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(i) Page 79 of 180
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Ü Tealing to Westfield OHL 400 KV upgrade (reconductoring) ECU00005168 on land 300 metres South of Mains of Megginch, Errol 24/01870/ECU37 Scale 1:100,000 Planning and Placemaking Committee - 11 June 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(i) Page 81 of 180
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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. 25/150) Proposal: Upgrade to existing overhead line - Alyth to Tealing - ECU00005167 Location: Land 320 Metres West of Drumkilbo Mains Farm, Meigle, Blairgowrie, PH12 8QS Ref. No: 24/01874/ECU37 Ward No: P2- Strathmore 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 14 kilometres (km) of an existing 275 kilovolts (kV) overhead line (OHL), connecting substations at Alyth and Tealing, to enable operation at 400kV. 2 The Proposed Development would include the following elements, for which Section 37 consent and deemed planning consent under Section 57 (2) of the Town and Country Planning (Scotland) Act 1997, as amended, is sought: 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 strengthen the existing steel lattice towers; the sag of new proposed phase conductor will be matched with sag of existing Optical Ground Wire (OPGW); and 5(2)(ii) Page 83 of 180
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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. 3 The applicant is also seeking deemed planning permission under section 57(2) of the Town and Country Planning (Scotland) Act 1997 for certain elements of the project, or ancillary works required to facilitate its construction and operation. These ancillary works will include: Vegetation clearance; Access track construction and access track upgrades; Temporary site compounds (at working areas, to include mobile welfare unit and refuelling/spill kits etc.); 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. 4 The OHL begins at Alyth Substation where it connects to an existing lattice tower heading south. There are a total of 45 OHL towers on the proposed route section, of which 8 are within the PKC boundary, with the remainder in Angus. Environmental Impact Assessment 5 Schedule 1 of the EIA Regulations lists projects where EIA is mandatory. The proposal has been treated by the applicant as ‘Schedule 1’ development on the basis that although the criteria outlined in paragraph 1(3) of Schedule 1 refers to construction of power lines with a voltage of 200 kilovolts or more and a length of 15 kilometres, and the work here is replacement of under 15 kilometres of line, the length across which the works taking place exceeds 15 kilometres. Development Plan 6 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 7 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 peoples lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. Page 84 of 180
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8 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 9 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. 10 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 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 Page 85 of 180
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Statutory Supplementary Guidance 11 Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) Supplementary Guidance - Landscape (adopted in 2020) Supplementary Guidance - Placemaking (adopted in 2020) PKC Non Statutory Guidance 12 Planning Guidance - Planning & Biodiversity Supplementary Guidance - Renewable & Low Carbon Energy (draft) Consultations 13 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: 14 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. 15 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). 16 Conservation Team: No objections. The proposed mitigation works identified in the EIAR are acceptable. 17 Environmental Health (Noise Odour): No objections. A condition is recommended to control potential noise. Additional Statements 18 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 19 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 Page 86 of 180
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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. 20 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 21 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 22 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 23 The submitted ecological information is comprehensive, and survey methods are largely in accordance with published best practice. 1.7ha of tree removal is proposed and no information on compensatory planting has been provided. A condition is proposed that a Woodland Planting Strategy will be submitted to the ECU in consultation with the relevant planning authorities. 24 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 25 The works proposed in the area of the Drumkilbo Garden & Designed Landscape (GDL) are restricted to reducing the crowns of deciduous trees to maintain clearance between the trees and overhead lines. As no felling is proposed, the works would have a minor impact on the GDL. 26 PKHT has confirmed that the content of the EIAR Cultural Heritage chapter is comprehensive and addresses their recommendations from previous scoping conversations. 27 The proposed mitigation works identified in the EIAR are acceptable and are to be included in the proposed conditions. Conditions Page 87 of 180
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28 The ECU has also circulated draft conditions for the Section 37 and Deemed Planning Permission for the consideration of consultees. These 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. 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 Page 88 of 180
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(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. (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 Page 89 of 180
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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. (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: Page 90 of 180
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(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; (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 Page 91 of 180
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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 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. Page 92 of 180
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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 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 Page 93 of 180
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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); (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. Page 94 of 180
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Reason: To secure effective monitoring of and compliance with the environmental mitigation and management measures associated with the Development. 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; Page 95 of 180
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(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. (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. Page 96 of 180
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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 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. Page 97 of 180
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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: Page 98 of 180
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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 plant and equipment are permissible (unless otherwise approved in advance in writing by the relevant Planning Authority). Page 99 of 180
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(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. “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. Page 100 of 180
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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) 19 May 2025 Page 101 of 180
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Ü Upgrade to existing overhead line - Alyth to Tealing – ECU00005167 on land 320 metes West of Drumkilbo Mains Farm, Meigle 24/01870/ECU37 Scale 1:60,000 Planning and Placemaking Committee - 11 June 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(ii) Page 103 of 180
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Ü Upgrade to existing overhead line - Alyth to Tealing – ECU00005167 on land 320 metes West of Drumkilbo Mains Farm, Meigle 24/01874/ECU37 Scale 1:40,000 Planning and Placemaking Committee - 11 June 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(2)(ii) Page 105 of 180
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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. 25/151) Proposal: Formation of a 49.9MW solar farm comprising ground mounted solar arrays, inverters, substation, ancillary buildings, fencing, CCTV cameras, access tracks and associated work Location: Land 500 Metres North West of East Saucher House, Kinrossie Ref. No: 24/00070/FLM Ward No: P2- Strathmore Summary This report recommends refusal of the application which proposes the formation of a 49.9MW solar farm comprising ground mounted solar arrays, inverters, substation, ancillary buildings, fencing, CCTV cameras, access tracks and associated works on land 500 metres north west of East Saucher House, Kinrossie. The report concludes that the proposal does not comply with the relevant provisions of the Development Plan. Background and Description of Proposal 1 The application site, referred to as ‘Collace Solar Farm,’ is c.100 Hectares (ha) in area and located in a rural setting on prime agricultural land at Milton of Collace, Burrelton, adjacent to the A94, to the west of Collace. The proposed development comprises the installation of a ground mounted solar farm with generating capacity of up to 49.9MW, inverters, substation, ancillary buildings, fencing, CCTV cameras, access tracks and associated works. The proposed area of solar panels extends across eight, largely open fields typically interspersed with tree belts and areas of woodland. Some fields are enclosed by intermittent hedgerows, primarily adjacent to local roads, and occasional roadside trees. 2 The site levels range between circa 110-130 above ordnance datum (AOD), with the highest part of the site on the southern boundary. The nearest trunk road, A94 runs directly along the western boundary of the site in a northeast to southwest direction. There are several minor roads which cross the site, the most 5(3)(i) Page 107 of 180
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notable being the Collace Road leading to Saucher through the centre of the site on a southeast to northwest direction. 3 There are a number of core paths within close proximity to the site, BURR/179- 180 lies adjacent to the southeast boundary of the site, BURR/15 adjacent to the southwest boundary and BURR/15 further south, BURR/50 to the west, all of which are outwith the red line site boundary. Right of Way 37/15 is also present, adjacent to the southeast boundary. In the wider area, further core paths are present across elevated grounds within the Sidlaw Hills to the east BURR/18, 19- 20 towards Black Hill and BURR/17 to the north of Kings Seat. 4 The site is located approximately 1 km northwest of the ‘Sidlaw Hills’ Special Landscape Area and the River Tay Special Area of Conservation (SAC) lies approximately 5.59km to the west. The ‘Kinrossie’ Conservation Area is located approximately 450m to the south (at the nearest point) and the Category C Listed Building ‘Milton Farmhouse’ is located within the site, however outwith the red line site boundaries. There are a number of other listed buildings within the settlements of Kinrossie and Kirkton of Collace. The ‘Macbeth’s Law’ (SM3393) and ‘Kirkton of Collace Cairn’ (SM7188) both Scheduled Monuments are located 390m northeast and 1.2km southeast. Dunsinane Hillfort is located approximately 2.8km east as its nearest point. Meikleour Area Site of Special Scientific Interest (SSSI) is located 6.1km northwest and Stormont Loch SSSI 7.4km north. 5 In terms of access into the proposed development, this will initially be taken via the existing Collace road that runs east-west from the A94. A total number of 5 access points are proposed. 6 It is anticipated that the development would be in operation for up to 40 years. When it ceases to be operational, all elements would be removed and the site reinstated to its former condition. ENVIRONMENTAL IMPACT ASSESSMENT 7 Directive 2011/92/EU (as amended) requires the ‘competent authority’ (in this case Perth and Kinross Council) when giving a planning permission for particular large-scale projects to do so in the knowledge of any likely significant effects on the environment. The Directive therefore sets out a procedure that must be followed before ‘development consent’ can be given. 8 This procedure, known as Environmental Impact Assessment (EIA), is a means of drawing together, in a systematic way, an assessment of a project’s likely significant environmental effects. The EIA Report helps to ensure that the importance of the predicted effects, and the scope for reducing any adverse effects, are properly understood by the public and the relevant competent authority before it makes its decision. 9 An EIA screening has been undertaken (Reference 22/01152/SCRN), concluding that an EIA was not required as the proposal was not considered Page 108 of 180
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likely to have significant environmental effects. However, a suite of supporting assessments, presenting environmental information in respect of heritage, archaeology, flooding/drainage, noise, ecology, traffic and transport and landscape visual impact was required to support any planning application. Pre-Application Consultation 10 The proposed development is a ‘Major’ development, in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, due to size and scale. The applicant was therefore required to undertake formal pre-application consultation with the local community. Feedback resulted with the principle issues raised being: concerns over landscape and visual amenity; use of prime agricultural land for renewables instead of agriculture; impact on biodiversity and wildlife; glint and glare; light and noise pollution; industrial look of fencing; end of life/restoration of site; if there were any community and or economic benefits; impacts to recreation in the area and/or if there would be any community benefits resulting from the development. 11 The Pre-Application Consultation (PAC) Report submitted with this application noted that one public meeting was held on 25 April 2022 in advance of the submission of the Proposal of Application Notice (PoAN) and one public meeting was held on 23 November 2022 and two public exhibitions on 14 and 29 March 2023. A further presentation to the newly formed Burrelton Community Council took place in June 2023.The content and coverage of the community consultation exercise was comprehensive and as such considered sufficient and proportionate and in line with the aforementioned regulations. Development Plan 12 The Development Plan for the area comprises National Planning Framework 4 and the Perth and Kinross Local Development Plan 2 (2019) along with its associated statutory supplementary guidance. National Planning Framework 4 13 The National Planning Framework 4 (NPF4) is the Scottish Government’s long- term spatial strategy with a comprehensive set of national planning policies. This strategy sets out how to improve peoples lives by making sustainable, liveable and productive spaces. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 14 The Council’s assessment of this application has considered the following policies of NPF4: Policy 1: Tackling the Climate and Nature Crises Policy 2: Climate Mitigation and Adaptation Policy 3: Biodiversity Page 109 of 180
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Policy 4: Natural Places Policy 5: Soils Policy 6: Forestry, Woodland and Trees Policy 7: Historic Assets and Places Policy 11: Energy Policy 12: Zero Waste Policy 14: Design, Quality and Place Policy 23: Health and Safety Policy 29: Rural Development Perth and Kinross Local Development Plan 2019 15 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 16 The principal relevant policies are, in summary; Policy 1A: Placemaking Policy 1B: Placemaking Policy 2: Design Statements Policy 5: Infrastructure Contributions Policy 6: Settlement Boundaries Policy 8: Rural Business and Diversification Policy 15: Public Access Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments Policy 26B: Scheduled Monuments and Archaeology: Archaeology Policy 27A: Listed Buildings Policy 28: Conservation Areas Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy Policy 35: Electricity Transmission Infrastructure Policy 38A: Environment and Conservation: International Nature Conservation Sites 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 50: Prime Agricultural Land Policy 51: Soils Policy 53A: Water Environment and Drainage: Water Environment Policy 53C: Water Environment and Drainage: Surface Water Flooding Policy 53E: Private Water Page 110 of 180
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Policy 55: Nuisance from Artificial Light and Light Pollution Policy 56: Noise Pollution Policy 60A: Transport Standards and Accessibility Requirements: Existing Infrastructure Policy 60B: Transport Standards and Accessibility Requirements: NEw Development Proposals Policy 61: Airfield Safeguarding Statutory Supplementary Guidance 17 Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Landscape (adopted in 2020) Supplementary Guidance - Placemaking (adopted in 2020) PKC Non Statutory Guidance 18 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 19 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 20 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: PAN 3/2010 Community Engagement PAN 51 Planning, Environmental Protection and Regulation PAN 61 Planning and Sustainable Urban Drainage Systems PAN 68 Design Statements PAN 69 Planning and Building standards Advice on Flooding PAN 75 Planning for Transport PAN 79 Water and Drainage Page 111 of 180
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Site History 21 22/01152/SCRN EIA Screening Request – Installation of 49.9MW Solar Farm with associated infrastructure – No EIA required 24 August 2022. 22 22/00022/PAN Installation of a 49.9MW ground-mounted solar array and associated works – contents agreed 19 January 2023. Consultations 23 As part of the planning application process the following bodies were consulted: External 24 Dundee Airport Ltd: no objection. 25 Scottish Water: no objection, however, the applicant will be required to consult with Scottish Water regarding any required water connections. 26 NatureScot: no objection. The construction of a solar farm at this location is unlikely to disturb or displace geese from any of the designated sites and it is not anticipated that the proposal will have any likely significant effect on the Firth of Tay and Eden Estuary Special Protection Area. 27 Asset Protection Team (formerly National Grid): no objection. There are no National Gas Transmission assets affected in this area. 28 Transport Scotland: no objection. 29 Kettins Parish Community Council: no comments. 30 Inchture Community Council: no comments. 31 Perth and Kinross Heritage Trust: no objection, subject to a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) condition, as the site is within an area of Archaeological interest and due to the undeveloped nature of this site, there remains the possibility of buried remains still existing. Internal 32 Structures and Flooding: no objection subject to the inclusion of a condition relating to the provision of a suitable Sustainable Urban Drainage System (SUDS). 33 Development Contributions Officer: no comments to make in terms of Developer Contributions. Page 112 of 180
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34 Environmental Health (Noise Odour): No objections, subject to conditions. In terms of ‘Glint and Glare’ modelling predicts no impacts requiring mitigation on residential amenity. Noise sensitive receptors are identified within the NIA. Noise from the proposed development would not adversely affect the residential amenity of nearby receptors. Conditions are recommended to control plant equipment operations and that an appropriate complaint procedure is secured. Construction noise has not been assessed due to the small scale and temporary nature of the construction phase, however, construction information has been outlined in the Construction and Environmental Plan and condition recommended to control construction hours. Condition recommended that all external lighting is sufficiently screened and aligned so that it is does not affect neighbouring land. 35 Environmental Health (Contaminated Land): no objection. 36 Biodiversity/Tree Officer: no objection subject to condition. 37 Development Plan: no objection, subject to conditions regarding; night sky protection; the decommissioning of the development at the end of its life; and a soil management plan. The general principle of the development is broadly supported by LDP2. However, the renewable energy considerations must be balanced against any landscape impacts. 38 Transportation and Development: no objection subject to conditions relating to visibility splays, passing places, maintenance agreement in respect to the C441 and C442 roads and a Construction Traffic Management Plan (CTMP). 39 Community Greenspace: no objection subject to the inclusion of an informative relating to public access and existing core path/right of way. 40 Conservation Team: no objections. Representations 41 89 representations were received objecting to the proposed development and 4 representations were received in support. The main issues raised within the representations are: Material Considerations Adverse effect on visual amenity Contrary to Development Plan Policy Excessive Height No community benefit Inappropriate land use Loss of prime agricultural land Light Pollution Page 113 of 180
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Impact on flightpaths for Scone Airport Loss of Open Space Impact on Core Paths Loss of Trees Impact on Landscape Impact on Residential Amenity Noise Pollution Out of character with the Area Over Intensive Development Cumulative Impact Inappropriate scale for rural setting Cumulative impact of other solar farms and battery storage in the area Proposal is not a small-scale development. Overlooking Traffic Congestion Road safety Concerns Impact on Biodiversity Impact on Economy Impact on Tourism Potential Fire Risk Decommissioning Concerns Glint and Glare Concerns Flooding/Drainage Concerns Carbon Savings Concerns Support Comments Invaluable generation of renewable energy Drive towards net zero Chance for local farming businesses to diversify their income. Reduced carbon emissions Economic growth and job creation Reduce climate change. Significant community package worth 500/Mw per annum Non-Material Considerations Impact of property values Loss of view Potential health risks Precedent No output values have been provided for individual panels. 42 A material consideration is a matter which is taken into account in assessing a planning application. These are issues which are relevant to the decision. The Page 114 of 180
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material considerations noted above are addressed in the Appraisal section of the report. Additional Statements 43 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report not required Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal completed - AA not required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact e.g. Flood Risk Assessment Heritage Impact Assessment Ecological Impact Assessment Landscape and Visual Impact Assessment Noise, Dust and Vibration Assessments Construction Environmental Management Plan Drainage Impact Assessment Transport Statement including CTMP Impact Assessment on loss of prime agricultural land (within Planning Statement) Glint and Glare Study Pre-Application Consultation (PAC) Report Appraisal 44 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance, namely the Placemaking Guide, Flood Risks and Flood Assessment, Landscape, Planning and Biodiversity and Renewable and Low Carbon Energy (draft). Page 115 of 180
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Principle 45 The key determining policy issues for this specific proposal at this location include: the principle of the development and its contribution towards renewable generation targets/net zero agenda, (Policies 1 and 11 of NPF4 and Policies 33 and 35 of LDP2), landscape/visual impact and recreational interests/access, (Policy 21 of NPF4 and Polices 15 and 39 of LDP2), impacts on prime agricultural land (Policy 5 of NPF4 and Policies 50 and 51 of LDP2), impacts on the water environment (Policy 22 of NPF4 and Policies 52 and 53A of LDP2), residential amenity (Policy 14 of NPF4 and Policies 1A and 1B of LDP2), cultural heritage & historic environment (Policy 7 of NPF4 and Policies 26A, 26B, 27A of LDP2), biodiversity/ecological impact (Policy 3 of NPF4 and Policies 38, 40 and 41 of the LDP2), pipeline and airfield safeguarding (Policy 23 of NPF4 and Policies 54 and 61 of LDP2), and transport (Policy 13 of the NPF4 and Policy 60 of LDP2). 46 Policy 33 of the LDP2 generally provides support for the development of renewable and low carbon energy and associated infrastructure, subject to detailed assessment against various environmental and other planning issues. Policy 35 of the LDP2 also supports the development of electricity transmission infrastructure, where this is sensitively designed, and suitable mitigation is ensured. 47 This is also reflected in Policies 1 and 11 of NPF4. NPF4 Policy 1 requires significant weight to be given to the global climate and nature crises. Policy 11 supports the development of solar arrays. Project design and mitigation is required to demonstrate how various impacts are addressed, however, in considering these impacts significant weight is to be placed on the contribution of the proposal to renewable energy generation targets and on greenhouse gas emission reduction targets. Justification for the development in relation to the net zero agenda is detailed in the submitted Planning, Design & Access Statement. 48 The site is identified as rural within the LDP2. As noted above, the development plan supports solar development and other energy infrastructure where they will contribute positively to the transition to a low carbon economy and have no unacceptable adverse environmental impacts, taking into consideration a range of factors which include, landscape, natural heritage, net economic impact, scale of contribution to renewable energy generation targets, public access, greenhouse gas emissions and road traffic. 49 It is clear that both parts of the development plan contain broad support for the principle of the proposed solar farm, including in rural locations and on prime agricultural land. This support is subject to a number of considerations, as discussed later in the report. 50 The development proposes an output of 49.9 MW from the proposed solar farm and associated infrastructure/works which would generate renewably sourced electricity into the national grid, likely to be via the Coupar Angus sub-station. It is Page 116 of 180
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indicated that this would be the equivalent to providing energy that could power approximately 11,079 homes and save 15,229 tonnes of CO2. Notwithstanding any environmental or other planning issues, the proposal would provide a substantial contribution towards renewable energy generation to support national and local objectives in relation to net zero and carbon emission reduction. This being the case, the proposed development is considered to be supported by NPF4, and in particular Policies 1 and 11 insofar as significant weight has to be given to the climate crisis and from LDP2 Policy 33(A) reference to taking the scale of contribution to renewable energy generation targets into account. Design and Layout 51 The proposed development would consist of a series of linear rows (arrays) of single axis tracker solar photovoltaic (PV) panels occupying approximately 70 of the 100ha area. These will be mounted on steel frames, set into the ground by direct piling or screw piling. The arrays would be arranged in north-south rows and utilise a single tracking system that uses an east/west panel facing system (facing a 90 degree orientation in the morning and 270 degrees in the evening) with the panels typically tilting at angles of up to +/- 35 degrees from the horizontal. 52 The panels include bifacial modules made of double glass structures. They have an anti-reflective coating and dark colour to ensure maximum absorption of solar radiation and reduction of reflections and have a varied height above ground as they tilt, reaching a maximum height of around 3.1m above ground level. The lower edge of the array varies in height above ground, with a minimum clearance of approximately one metre. The supporting structure is made of aluminum frames, mounted vertically into the ground to a depth of approximately 2 metres. The panels will rotate vertically to track the sun moving from approximately 60 degrees below the horizontal when the sun is at its lowest to horizontal when the sun is at its highest. 53 Between each frame there would be a distance of approximately 4.5m dependent on variations in topography, to avoid inter-panel shading and to ensure optimal energy yield. There will be a stand-off around the end of each array to allow for maintenance, access and ecological and landscape enhancements. A range of setbacks are proposed from site boundaries for environmental constraint, mitigation and enhancement. 54 Further associated infrastructure will comprise: inverters and transformers (inverter stations 12.2m in length, 2.44m in width and 2.89m in height); customer substation (12.72m in length, 4.03m in width and 3m in height); DNO substation; a substation compound and 2 containers for onsite storage (2.6m in height, 2.4m wide and 13.7m in length); a temporary construction compound (approximately 45,000sqm); security cameras (mounted on 2.4m high poles) and lighting; a 2.6 m high perimeter/deer fence; approximately 1.5km (3.5 m wide) internal access track as indicated on the site layout as well as landscape planting. Page 117 of 180
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55 No drawings have been provided for the DNO Substation, however, the planning support statement advises that this is thought to be of the same dimensions as the customer substation. The details of which can be secured by condition, should the proposal gain support. 56 The temporary construction compound is to be located in the central area of the site. In terms of structures this will comprise of: Construction worker welfare facilities. Site office. Plant and machinery storage shed. 57 No drawings have been provided for the above structures, however, this can also be secured by condition. 58 Approximately 3.5km of internal access track is proposed which will be approximately 3.5m wide. The tracks will be constructed using compacted graded crushed aggregate. The tracks will be designed to have sufficient turning space for the construction vehicles and plant. The Planning Statement advises that all topsoil cleared for the construction of the access tracks will be retained on site and used for landscaping. No soil will be removed from the site as part of the development. Where stockpiled, this will be maintained at heights lower than 2m to prevent compaction and loss of soil structure. 59 The design and layout essentially reflect the physical and engineering requirements for this type of development, taking into account environmental and technical standards. In physical terms all development will not exceed 3.1m in height, with the tallest being the panels themselves. 60 In this case horizontal impacts of built development, in terms of the expansive scale of development proposed, are more significant than vertical height. The greatest observed horizontal expanse of panel strings or rows will be from the east side of the A94 Perth to Coupar Angus Road. Owing to the site topography, whereby the ground level slopes gently from the A94 to the north, the panels will in many instances be located on gently sloping ground which will increase the visual prominence of the development. Whilst the nature of the proposed tracking system would provide differing views throughout the day, they would largely be perceived as a regular linear and horizontal feature in the sloping open farmland. 61 Mitigation of any visual and landscape character impacts are to be addressed through a mix of existing perimeter planting, supplemented by an extensive landscape and planting scheme in addition to some mitigation offered by the layout. The proposed solar panels are not to be located in more sensitive sections of the site to the east and are to be set back from other boundaries to the west by c.25 metres and to the north by c.18m to allow for buffer areas and to maintain views across the site in a number of locations. Page 118 of 180
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62 Whilst there is no doubt introducing a renewable energy development on existing arable land will result in a change in landscape character, the impact here is more localised. From the information provided and research undertaken on other solar farms, it is clear that the appearance of solar panels changes depending on the angle of view in relation to the sun or light from the sky. The panels are generally a dark recessive colour to help them recede into the landscape, albeit will appear lighter dependent on the angle and sky/sunlight. Overall, the layout of the proposed development, together with the existing and proposed mitigation and setbacks proposed are considered to be acceptable. In terms of design and layout the development is considered to comply with Placemaking Policies 1A and 1B of the LDP2 2019. Landscape and Visual Amenity 63 Safeguarding and enhancing landscape character is considered via LDP Policies 1A, 1B, 33 and 39 of the LDP2. Whilst Policy 4(a) and (d) of the NPF4 considers impacts on the natural environment, Policy 11 (Energy) is of more relevance to an equivalent landscape assessment. In that case the policy balance favours renewable energy contribution over any landscape impacts. The applicant states that elements of policy 39 have been superseded by policy 11. The caveat in policy 11(e) can outweigh the considerations of policy 39 but they are still relevant considerations compatible with NPF4 Policy 4(a). Policy 4(a) states that development which by virtue of type, location or scale will have an unacceptable impact on the natural environment, will not be supported. Consideration of whether an aspect is acceptable relies firstly on the application of LDP2 policy 39 and then whether the expectation in policy 11(e) is sufficient to outweigh any significant impacts. 64 Policy 39 of LDP2 and associated Placemaking Supplementary Guidance is of relevance in relation to the potential landscape and visual impact of the development. Most aspects of policy 39 are addressed through the provided LVIA. This should include, per policy 39(b), that views, viewpoints and landmarks are safeguarded from development that would detract from their visual integrity, identity or scenic quality. Policy 39(g) asks that the experience of the night sky is conserved. 65 The landscape context sees the site set in a rural/agricultural setting in close proximity to the small hamlet of Saucher with smaller clusters of, and individual buildings, in the surrounding area. The location is within the ‘The Broad Valley Lowlands – Tayside Landscape Character Type’ (LCT) as defined in the Landscape Character Assessment (LCA), however, there are no formal landscape designations associated, but the Sidlaw Hills Local Landscape Area is located approximately 1km southeast of the site and not 2km as stated in the Planning Statement at para 2.3. 66 The submitted Landscape and Visual Impact Assessment (LVIA) includes a desk-based study, Zone of Theoretical Visibility (ZTV) and assessment of selected viewpoints. The study has considered landscape character, local Page 119 of 180
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landscape context, character of the site and immediate context, landscape designations and a range of other considerations such as scheduled monuments, conservation areas, listed buildings, recreational routes, public rights of way/core paths and visual receptors. 67 The study provides an appraisal of likely effects, mitigation and residual landscape effects in relation to the above considerations including the potential for cumulative impacts. Mitigation measures are details and are supported by landscape plans which includes supplementing existing and new additional planting. 68 Cumulative impacts are noted within the LVIA addendum. Two consented solar farm sites, Keithick Estate Solar Farm, Coupar Angus (ECU00004521) and Berryhill Solar Farm (Angus Council – 21/00535/FULM) were considered. There is also a pending application with the Energy Consents unit (ECU00005014) for Land to the North of Mains of Keithick Farm and Islabank, Coupar Angus and a pending appeal (PPA-340-2156) in Coupar Angus. The cumulative ZTV shows that there is some potential for visibility across the higher ridge slopes of the Sidlaw Hills between 1-3km to the east of the proposed development, however, it is limited elsewhere. As the cumulative impacts would be generally restricted to higher hilltop points within the Sidlaw Hills where a range of expansive panoramas are available in most directions, the proposed development does not raise any cumulative landscape concerns due to their separation distance and orientation. 69 The impact on the LCT is found to be moderate adverse on completion and moderate to minor in the medium to long-term. This indicates a significant impact at least in the short term. 70 The analysis of viewpoints 1 (A94 east of Dunsinnan Wood) and 2 (A94 at Parkneuk) with a high to medium visual change and moderate effect shows that panels would disrupt views to the Sidlaw Hills LLA. The layout excludes development from the eastern margins and nearest sections of the site to the LLA in an attempt to reduce visibility of solar panels from viewpoints to the east, where views are available to the Sidlaw Hills such as from the property known as Tom Beithe to the southeast . A setback has also been provided to reduce any impact along with mitigation planting. It should, however, be noted that planting to screen the panels has the potential to further reduce the visibility of the Sidlaws and the quality of the landscape experience and as such the submitted landscape scheme is not approved. A condition would be required if planning permission is approved insofar as a revised landscaping scheme be submitted for further written approval. 71 Viewpoints 7 (Core Path BURR/20 at Dunsinane Hill) and 8 (Kings Seat Hill Summit) indicate the impact on the strath and of views to the Grampians. The impact on these viewpoints and the LLA itself are stated to be moderate to minor. This is largely based on the solar farm being “seen within the mosaic of fields and would contribute tonal or textural changes within the open farmland Page 120 of 180
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and a modest component in the surrounding landscape”. The photomontage for viewpoint 7 indicates a dominant feature that draws the eye. Due to the size of the installation the “tonal or textural changes” of the landscape are affected by the imposition of the site. This might be reduced by further breaking up the size of the installation with additional hedgerows with consideration given to the LCT recognition of “tree and hedge loss weakening the landscape character increasing openness of the landscape”. This can be addressed through the submission of a revised landscaping scheme if the application is approved. 72 Impacts on the night sky experience in LDP2 Policy 39 (g) have not been directly addressed in the proposal, however, no permanent lighting is required for the proposed development and any lighting will be motion activated. Nonetheless, if the application is approved, this can be controlled by condition to ensure that the experience of the night sky is protected. 73 The caveat in policy 11(e)(ii) states that significant impacts are to be considered acceptable where they are localised and/or appropriately mitigated. The impacts shown in viewpoints 1 and 2 appear to be localised due to the proximity of the road to the array. The regional significance of the views to the LLA should be taken into account. Mitigation has been provided with a setback and intervening planting but planting may well further obscure the views to the Sidlaws. A further setback may have been appropriate. Again, this can be addressed through the submission of a revised landscaping scheme, if the application is approved. 74 It is less clear that the impact on the experience of the LCT is localised. Mitigation has been applied with field patterns retained, however, some further planting of the gaps may help to break this up further. To be addressed through the submission of revised landscaping plans, should the application be approved. 75 The consideration of these impacts must be influenced by the further instruction in 11(e) that significant weight be placed on the contribution of the proposal to renewable energy generation. 76 With regards the Local Landscape Area, NPF4 Policy 4 recognises that significant adverse effects can be outweighed by social, environmental or economic benefits of at least local importance. NPF4 Policy 1 lends significant weight to the climate crisis. 77 Following consideration of whether the impacts on the landscape are acceptable under policy 4(a) additional weight in favour of renewable energy that reduces greenhouse gas emissions is provided by policy 1. 78 The applicant has assessed the proposed developments impact on nearby residential houses. These included an assessment of visual impacts, an assessment of glint and glare and a noise assessment. Whilst some adverse impact on private amenity from the proposed development can be inevitable, Page 121 of 180
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generally speaking the view from an existing dwellinghouse is not treated as a material consideration in planning terms, however, if a development has such an impact which would make it an undesirable or unsatisfactory place to live, it would also be an adverse consideration. 79 It is clear from the assessments submitted, in particular for Tom Beithe, that the proposed development would undoubtedly have a presence, however, it is considered that the proposed set back between the proposed development and the dwellinghouse would reduce the impact of noise and glare as well as visual impact. Furthermore, the design of the panels and screening, taken together with the existing vegetation within the property boundary are sufficient that the house would not become an unsatisfactory or undesirable place to live. Any impacts are, therefore, likely to be low. 80 There is no doubt the proposal will introduce a new large-scale feature into the landscape and in some views will appear as a striking feature. Landscape and visual impacts have been assessed across the eight fields from differing viewpoints. The proposal has considered sensitive receptors, panels omitted from more sensitive sections and setbacks from boundaries in a number of locations. The proposed mitigation and landscape measures along the site boundaries in the medium to long term will help screen the development. In the short to medium term the proposed development will undoubtedly have a substantial presence until such time as landscaping matures and screening increased. 81 A planning balance in this case must be considered having regard to any landscape impacts against the zero carbon renewable energy benefits provided by the NPF4. In this case it is the view of officers that the landscape impacts are not substantial enough to outweigh the renewable energy benefits and as such the proposal is considered to comply with the above-named policies. Residential Amenity 82 NPF4 Policy 23 and LDP2 Policies 55 and 56 are of relevance in relation to light and noise pollution. The Council’s Environmental Health team has been consulted to consider any impact in relation to noise as well as glint and glare. Glint and Glare 83 The applicant has submitted a glint and glare assessment ‘Solar Photovoltaic Glint and Glare Study, Atmos Consulting Limited, Collace Solar Farm,’ dated September 2024 which was undertaken by PagerPower. 84 This assessment has been undertaken to consider the possible effects on the surrounding road network and the residential properties within a 1km radius. The assessment modelling showed that solar reflections are geometrically possible towards 49 of the 81 dwelling locations assessed within the 1km assessment area. Page 122 of 180
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85 It states that no significant impacts are predicted on any dwellings, because where solar reflections are geometrically possible, there is significant existing or proposed screening such that reflections lasting more than 60 minutes on any given day and/or 3 months per year are not expected to be experienced. The modelling results are presented in Table 3 of the report and mitigation is not required. The assessment concluded that there were no impacts requiring mitigation on residential amenity. 86 Whilst, Environmental Health Officers have no objection to the application with regards to glint and glare in light of the above assessment conclusions, they have recommended that should a substantiated complaint be received from a sensitive property, the operator/applicant shall carry out an assessment of glint and glare, to be submitted and approved by the Planning Authority. This, however, can be controlled by condition if the application is to gain support. Noise 87 The applicant has submitted a Noise Impact Assessment with the application ‘Collace Solar Farm, Collace Solar Limited, R8763R6 V2’ dated 24 August 2024 undertaken by Atmos Consulting Ltd. 88 The supporting information submitted with the application states that the construction and installation of the development will take approximately 12 months, commencing in December 2027 with an expected completion date of December 2028, and there will be a temporary construction compound on site for the duration of the construction period. Construction noise has not been assessed due to the small scale and temporary nature of the construction phase however, construction information has been outlined in the Construction and Environmental Plan. 89 The closest noise sensitive receptors are presented on Table 1 of the NIA report (drawing number 84). An extract is provided below for ease of reference. Page 123 of 180
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90 Noise source data for the assessment has been provided by the applicant and there are four key noise sources associated with the operational phase of the development, customers substation, DNO substation and inverter/transformer units (HEMK GEN3 central solar inverter). 91 A total of 14 inverter/transformer units are proposed for the site. The noise source data for these inverters/transformers are based upon specifications provided by the Applicant for the HEMK GEN3 Solar Inverter and verified by operational noise monitoring tests conducted by Sungrow Power (SG250HX). The inverters have been modelled under two operating modes, for operation during the daytime (07:00 – 23:00) and at a reduced operating capacity for night -time (23:00 – 07:00). 92 The solar panels include single axis tracking panels that use a tracking motor to rotate each solar panel branch within the array. The tracking motors would each generate a noise level of 39 dB(A) at 1m when operating. The operating time of Page 124 of 180
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the tracking motors is 20 minutes each day in episodes of 2 minutes, and 6 minutes during the early morning and evening periods and do not operate at night. The total sound level was more than 10 dB below the LA90 background sound level during the daytime at any given assessed receptor and therefore is not considered to be perceptible. This has therefore been scoped out of modelling and is not considered further in this assessment. 93 The noise levels associated with the development have been assessed using modelling software to assess noise levels at the closest receptors. All noise sources within the model have been modelled with 100% on time to represent a reasonable worst-case scenario and no screening has been applied from any existing or proposed structures such as buildings, fencing and proposed panels etc. 94 Results of the assessment state that without mitigation the background LA90 levels are not exceeded during the daytime at any of the noise sensitive receptors and are only exceeded at two properties Knoxfiled Estate Services and Milton of Collace Farmhouse (financially tied property to the landowner) during the night-time period. 95 The receptor at Knoxfield Estate Services, the predicted increase in noise level above background level is predominantly due to the contribution from the DNO substation. 96 Detailed information on the DNO substation was not available at the time of writing, so for the purpose of this assessment, a sound power level of 83 dB (Lw) was provided from technical data sheets and measurement reports for noise-producing infrastructure that typically demonstrate higher noise levels than would be experienced on sites of this size as a conservative estimate to represent a modelled reasonable worst-case scenario. It is likely that the noise levels associated with the DNO substation may be lower than those currently predicted. 97 The calculated rating level at receptors in Table 12 of the NIA were modelled at a height of 4m, representative of first floor bedroom heights and balconies. Indoor ambient levels were assessed in line with BS8223 guidance which recommends an indoor ambient level for daytime sleeping of no more than 35 dB(A), and for nighttime 30 dB(A). The predicted rating levels at all receptors within 2km of the site show noise levels approximately 10 dB below the 30 dB(A) threshold criteria. This also does not account for the further noise reduction because of attenuation through an open window. WHO guidelines suggest a further noise reduction of up to 15 dB through an open window, reducing the predicted noise contribution further. 98 Overall, as most predicted rating noise levels at receptors are predicted to be below background levels, most receptors would fall under a “low impact” according to BS 4142:2014+A1:2019. Page 125 of 180
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99 Given that the predictions for Knoxfield Estate Services indicates that the rating level will be above the background sound level at first floor level, an assessment of indoor levels using Noise Rating (NR) curves has been carried out, the results of which are presented in Table 13 of the NIA. NR20 has been chosen as the criteria as a conservative approach. Knoxfield Estate Services internally meets NR20 by a considerable margin and the NIA concluded that no further assessment or mitigation is required. 100 Whilst, Environmental Health Officers have no objection to the development considering the NIA that noise from the proposed development would not adversely affect the residential amenity of the receptors assessed, they have still recommended conditions are included on any given consent in order to safeguard residential amenity. Light from Operational Sources 101 It is stated within the Planning Statement that during the operation of the site there will be no external artificial lighting. No permanent lighting is required for the proposed development, however, any lighting required for the development would be for maintenance and or security purposes. It is stated any lighting will be motion activated security lighting and as such impacts are considered to be able to be mitigated through appropriate placement and that it should only be required where necessary. No significant concerns in terms of light pollution are assessed. 102 Whilst the proposed development would give rise to some impact on amenity, particularly during the construction phase, it is considered that, subject to conditions, those impacts could be mitigated to ensure that they do not have a significant impact on the amenity of the occupants of the nearby receptors. As such the proposed development complies with NPF4 Policy 23 and LDP2 Policies 55 and 56. Roads and Access 103 LDP2 Policy 60 requires that local road networks be capable of absorbing traffic generated by development and that satisfactory access is provided. Policy 13 of NPF4 focuses more on sustainable travel and ensures development is sited appropriately. 104 The site is split across several fields and is bound by farmland and the A94 to the west of the site. The C441 Collace Road runs northwest-southeast from the A94 and passes between the first two fields that make up the site. 105 A Transport Statement has been submitted to assess the traffic impacts of the construction phase of the development and this has been reviewed by colleagues in Transportation and Development. The applicant has advised that the levels of traffic associated with the operational phases will be minimal due to infrequent servicing and maintenance trips, which will be facilitated using light Page 126 of 180
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goods vehicles. The Transport Statement advises that for the period of decommissioning a similar level of traffic and transportation will be associated to the construction period. 106 The applicant advises that 5 priority junctions will be created onto the existing public road network at the following locations: Access 1 – C441 to the southwest of the public road approximately 450 metres from the A94 Access 2 – C442 to the southeast of the public road approximately 160 metres from the C441 Access 3 – C442 to the southeast of the public road approximately 195 metres from the C441 Access 4 – C442 to the northwest of the public road approximately 240 metres from the C441 Access 5 – Milton of Collace Farm Access to the northeast of the access approximately 80 metres from the C442 107 No modifications are proposed for the A94/C441 junction itself. 108 The Planning Statement advises that the construction phase of the proposed development is anticipated to last up to 12 months. 109 The estimated ‘worst-case number’ of construction traffic trips is: Weekly – 160 two-way trips Daily – No more than 29 two-way trips 110 Whilst this may be the number of trips arriving at the site, there will be vehicle movements along the public road network during the construction phase, to get from one location to another, so the number of movements on the C441 and C442 are likely to be greater with the movement of people, machinery and equipment. As such, suitably located passing places on the C442 will be required at centres not more than 100 metres, which can be controlled by condition. The applicant has confirmed that the U136 will not be used by construction traffic, therefore, passing places are not required. 111 In terms of visibility splays, the applicant has submitted information in respect to all 5 proposed accesses. These visibility splays are in accordance with the National Roads Development Guide or are justified where this distance cannot be achieved. 112 Overall, whilst the letters of representation are noted, no significant road and or transport impacts are identified, and it is concluded subject to conditions regarding passing places, visibility splays, maintenance agreement in respect of the C441 and C442 roads and construction traffic management, that the development conforms with LDP2 Policy 60B. Page 127 of 180
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Drainage and Flooding 113 Policy 53A and 53C of LDP2 sets out that development proposals must have regard to the water environment and drainage, including floodwater management within any proposal. Policy 22 of NPF4 sets out that proposals will not increase the risk of surface water flooding to others, or itself be at risk, manage all rain and surface water through sustainable urban drainage systems (SUDS) and seek to minimise the area of impermeable surfaces. 114 In the case of this site, from reviewing the SEPA map, the site is not located in a flood risk area, however there are pockets of both known surface water flooding within the site and fluvial flooding in the vicinity of the Kinnochtry Burn, situated adjacent to the northeast corner of the site. The solar panel arrangement, however, has been set back from the site boundary and therefore avoids this area. 115 A Drainage Impact Statement has been submitted which concludes that surface water runoff from the proposed development can be suitably managed. The proposed access roads are to discharge surface water runoff into adjacent filter drains and infiltration trenches implemented to promote water quality treatment. Surface water runoff from the access roads and other areas of hardstanding are to be restricted to flow rates with storage provided within a geo-cellular tank and attenuation basin. 116 The Council’s Flood Team have been consulted on the application and have advised that the Drainage Impact Assessment (DIA) provides an adequate strategy and drainage calculations, including levels of water storage, etc. Subject to adequate information on the detail being submitted for the geo-cellular tank and attenuation basin, which can be controlled by condition, no objection has been received. 117 The risk of the development being flooded is considered negligible, owing to the type of development in terms of land use vulnerability (i.e. the development will not be occupied) and as the panels themselves are to be raised approximately 1m off ground level. Accordingly, as matters pertaining to surface water flood risk have been satisfactorily addressed, the development is considered to comply with Policies 53A and 53C of LDP2 and Policy 22 of NPF4. Private Water 118 There are some known private water supplies at Milton of Collace and East Redstone which are within the vicinity of the site. To maintain water quality and supply in the interests of residential amenity and ensure the private water supply or septic drainage systems of neighbours of the development remain accessible for future maintenance, a condition and informative will be applied to any planning approval. This ensures compliance with Policy 53E of LDP2. Page 128 of 180
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Conservation/Archaeology Considerations 119 Polices 26A, 26B, 27A and 28A of LDP2 and Policy 7 of NPF4 are applicable to he application. 120 Perth and Kinross Heritage Trust have been consulted and confirmed that the site lies within an area considered to be archaeologically sensitive. As it is greenfield and does not appear to have been developed in the past there is potential for unknown buried archaeological remains within the development area. Despite the known areas of interest, no objection is raised by Perth and Kinross Heritage Trust, however, a suspensive condition is recommended, in the event that permission is granted, seeking a programme of archaeological works to ensure the development does not destroy significant archaeological remains. 121 In terms of the Kinrossie Conservation Area and any heritage assets in the immediate location (listed buildings, scheduled monuments), a Heritage Impact Assessment (HIA) has been submitted with the application and reviewed by Perth and Kinross Council’s Conservation Officer. Additionally, the Landscape and Visual Impact Assessment (LVIA) has been reviewed by the Conservation Officer. 122 This assessment considers the potential effects of the development on the Kinrossie Conservation Area, Scheduled Monuments and listed buildings within 2km of the site. The Category C listed Milton of Collace, (a c.1800 two-storey stone farmhouse) is located within the centre of the site, although it is excluded from the red line boundary. Milton of Collace sits amongst a setting of established trees with the wider setting linked with the historic farming use of the site. The HIA states “the loss of farmland around the Farmhouse does, however, impact the way it is understood and appreciated as a post-medieval farmhouse located within farmland. The magnitude of impact is considered to be Medium (Section 6.2 p.23). 123 Despite the assessment of the HIA of the proposal having a magnitude of impact of medium, no mitigation was initially proposed. Furthermore, given that the immediate setting of Milton of Collace includes established trees, no tree survey or landscape plan had been provided for the setting of Milton of Collace. 124 The Conservation Officer commented that the LVIA identified the landscape elements that contribute to the site as having a medium sensitivity to development i.e., a landscape of moderately valued characteristics with a moderate level of susceptibility to change from the proposed development. Despite this assessment, it did not consider the heritage assets that may be affected by the proposal or provide mitigation for any of these potential impacts. Furthermore, the viewpoints provided within the LVIA focus on impacts to road users and residents, however there is a lack of viewpoints focusing on the potential impact of the proposal on the heritage assets of the site. Page 129 of 180
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125 Further comments received were that mitigation measures would be particularly important to protect the agricultural character of the wider setting of the listed building within the site and other heritage assets. The loss of the historic agricultural setting had not been assessed or mitigated in the proposal. Mitigation measures are particularly important to protect the agricultural character of the wider setting of the listed building within the site and other heritage assets. A revised HIA and LVIA were subsequently submitted together with amendments to increase the extent of proposed landscaping within the subject site. 126 The Council’s Conservation Officer was re-consulted and confirmed general acceptance of the conclusions noted within the impact assessment. The loss of the historic agricultural setting is to be mitigated by proposed landscaping, therefore, no objections have been raised. As the development will not directly impact the identified heritage assets locally, the proposal is considered to accord with Policies 26A, 26B, 27A and 27B of LDP2 2019 as well as Policy 7 of NPF4. Natural Heritage and Biodiversity 127 Policies 40 and 41 of LDP2 and Policy 3 of NPF4 are applicable in this regard. The Council will apply the principles of the Scottish Government Policy on Control of Woodland Removal and there will be a presumption in favour of protecting woodland resources. Where the loss of woodland is unavoidable, mitigation measures in the form of compensatory planting will be required. Enhancing connectivity between existing and newly created habitats is strongly encouraged to benefit biodiversity. 128 The Planning Statement states that all existing hedges, woodland, and trees will be retained. The tree survey, however, recommends the removal of Ash, Tag Number 517, Ash, Tag Number 518, Oak, Tag Number 559 (removal of broken limb only) and Oak Tree, Tag Number 566 and having reviewed the tree removal plans, the only tree shown to be removed is the Oak (Tag Number 566) which contradicts the survey. Tree number 556 is located to the west of the site and trees 517, 518 (east of Milton of Collace), and 559 (southwest of Tom Beithe). All said, the Council’s Tree Officer has reviewed the proposal and has no concerns over the removal of the trees as listed above. 129 The submitted Phase 1 Extended Habitat Survey and Ecological Impact Assessment (EcIA) has been reviewed by the Council’s Biodiversity Officer. The survey methods are in accordance with published best practice. Evidence of application of the mitigation hierarchy has been provided and the proposed design of the development avoids impacts to protected species. Due to the potential presence of protected species, as a reminder, an informative will be added to any planning consent for the inclusion of a toolbox talk to all personnel as part of the proposed mitigation. 130 NPF4 Policy 3(b) requires that major developments demonstrate that they will enhance biodiversity, so they are in a better state than without intervention – including future management. This should include significant enhancements Page 130 of 180
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following avoidance, mitigation, and compensation for all biodiversity loss. A Site Biodiversity Action Plan containing quantity, locations, techniques, timescales and monitoring arrangements, as set out in the PKC Planning for Nature Guidance, was requested, however, was not provided. Details of biodiversity enhancement have, however, been provided in a few documents and considered acceptable. 131 The EcIA concluded that the site at present is of low ecological value. The proposed development will provide opportunities to enhance the potential biodiversity of the site. Subject to conditions to ensure implementation and management of all biodiversity enhancement measures, the proposal complies with Policies 40 and 41 of LDP2 2019 and Policy 3 of NPF4. Loss of Agricultural Land 132 The site is located on an area of prime agricultural land and therefore Policies 50 (Prime Agricultural Land) and 51 (Soils) of LDP2 2019 and Policy 5 of NPF4 are of relevance. 133 A sequential test has not been undertaken by the applicant to detail the site- specific justification for the development, however, the Design and Access Statement specifies that careful site selection has been undertaken to ensure that an efficient, technically and economically viable solar farm can be developed at this location without causing unacceptable significant adverse environmental impacts. The site selection process was a ‘grid lead’ approach which comprised of an evaluation of electricity grid connection, site availability and site suitability containing a range of factors including size, orientation, topography, insolation levels and accessibility. 134 The Design and Access Statement further advises that following a potentially suitable site being identified, a desk top assessment was conducted to determine potential environmental constraints. This included potential issues relating to planning policy, landscape and visual, cultural heritage, residential and recreational amenity, ecology and ornithology, site access and flood risk. The process undertaken identified the application site as being the most suitable in meeting the key selection criteria. 135 The proposal involves a significant area of land, with the developable area extending to approximately 70ha. The Land Capability Classification for Agriculture Map (1:50,000 scale) identifies the site is classified as Class 3.1 prime agricultural land, therefore, the proposal would result in the loss of prime agricultural land. NPF4 Policy 5 is clear that the loss of prime agricultural land will be supported where proposals constitute renewable energy development (NPF4 Policy 11 does not reference impacts of agricultural land) and there is secure provision for site restoration. There is also a requirement to minimise the land required. Page 131 of 180
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136 In that specific respect the proposed solar arrangement is considered to be tightly spaced in terms of the panel layout, however, it is questionable whether a smaller land area would be capable of achieving the same output. A matter raised within a letter of representation questions the generation capacity of 49.9MW insofar as the proposed panels would exceed this. The applicant has confirmed that the power plant controller will limit the output of the power plant to 49.9MW. Subsequently, the applicant was asked to clarify the requirement for 82,000 panels if in fact the proposals have the potential to generate in excess of 49.9MW and consequently a reduced number of panels could provide the required output. 137 The response received was essentially that it is fairly common for solar farms to be ‘overplanted’ to ensure that when capacity factor and conversions are accounted for that the generation can still meet the 49.9MW rated output. The agent further advised that it is standard practise to implement more panels than the rated output of the generating station in order to ensure that they can maximise the renewable generation energy generation efficiency of the development over its lifetime and make the best use of the available grid connection’s export capacity with the land that is available for the development for the following reasons: Losses from transporting electricity and the power losses conversion from DC to AC power for safe export to the grid Lower real-world generation of the solar farm at time of low radiation (e.g. when it is cloudy or dependent on daylight hours and shading across portions of the site at times of day/year A solar farm with a 1:1 ratio of peak DC generation to AC output would therefore not be able to maximise the secured and available export capacity of renewable energy to the grid. 138 In terms of the justification of the proposal in relation to prime agricultural land, the development has been justified on the basis that a site is required to be located in close proximity of an existing substation and whilst no sequential test has been provided, other sites have not been identified as being more favourable for various reasons. 139 The submission also identifies that the majority of the development will comprise the solar farm element which will not result in the total loss of prime agricultural land, rather the land use will change for a temporary period of 40 years (as proposed) with grazing able to take place with the potential for the land to revert back to productive agricultural land following decommissioning of the development. The land will not be compromised as the development will involve minimal disturbance to the soil through screw piling of the footings for the panel arrays, no removal of soil from the site, and the commitment to fully restore the land on cessation of the solar farm. The panel arrays will not cause compaction or degradation of the soil structure, and in fact will likely result in a net benefit to the soils productivity through cessation of intrusive agricultural practises and Page 132 of 180
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synthetic inputs. Cessation of agricultural activities would reduce soil erosion and improve soil quality over the lifetime of the proposed development. 140 If the energy generation is still viable at the end of the 40 year period, a further application for planning permission would be required to continue the use and the removal of the agricultural land from production could be once again assessed based upon the policy position at that time 141 Based on individual merits, and the justification provided, regard is had to the particular site requirements of this type of development, noting that grid connection is of critical importance to the development viability. As such the use and occupation of prime land alone is not considered to be a reason for refusal. However, consideration of the cumulative loss of prime land, noting the scale of this development, must be considered further under Policy 50. 142 In this case an application has been consented by the Scottish Government Energy Consents Unit (Reference: ECU00004521) on land at Keithick Farm, Coupar Angus. That proposal is for a 32MW Solar Farm and two separate Battery Energy Storage System (BESS), comprising 66MW capacity (occupying 54ha prime agricultural land). A further application is currently before the Scottish Government Energy Consents Unit (Reference: ECU00005014) for Land to the North of Mains of Keithick Farm and Islabank, Coupar Angus. That proposal is for a 50MW BESS and accompanying 60MW Solar Park. 143 Whilst the application is not explicit in terms of which substation this proposed development will connect into, it is assumed to be the Coupar Angus substation as is the case for the pending appeal (PPA-340-2156). For the avoidance of doubt, consideration of the connection is for a separate future procedure. Given the connection capacity which exists at this substation there is a high likelihood for further subsequent energy related development within this immediate location. The cumulative impact, however, would need to be assessed on a case-by-case basis. 144 When considering the potential cumulative impact, assuming worst case scenario that the pending appeal (PPA-340-2156) (70ha prime), pending application before the Energy Consents Unit (ECU00005014) (104ha prime) this current application (70ha prime) gains approval and including the consented scheme (ECU00004521) (54ha prime), results in approximately 298ha of prime land being occupied, limiting food production and or food security potential for this location over the lifetime of all developments. At that scale it is considered that the cumulative loss of prime land is significant in a localised sense. 145 Letters of representations have been received raising concern over the loss of prime quality agricultural land and consequential impacts on food security resulting from taking prime agricultural land out of food production use. The applicant has confirmed that, at present, the current land use of the holding is approximately 80% spring barley supplied for malting/whisky production, with the remaining 20% rented out for production of potatoes and peas. Following the Page 133 of 180
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construction of the proposed development it is the landowner’s intention to graze the land with sheep. 146 The land will then maintain its agricultural land use, albeit in a different function, for the duration of the proposed development, whilst also positively contributing to the countries need for renewable energy generation. It also must be borne in mind that it is at the landowner’s discretion as to whether the land is actively farmed regardless of the outcome of this application. There is no evidence to suggest that the viability of the farm unit would be adversely affected by the proposal. A condition would be applied (if approved) in regard to site restoration. 147 As indicated above, NPF4 allows the development of prime agricultural land for the generation of energy from renewable sources, and it does not require consideration of cumulative impact, however, notwithstanding the policy position in relation to loss of prime agricultural land, it is of relevance to this application that Scottish Ministers have issued a recall direction in relation to an appeal for a solar development on prime agricultural land in Coupar Angus (PPA-340-2156). The recall direction indicates it has been issued in view of the proposed development’s potential impacts on prime agricultural land, in terms of cumulative impacts with other development and in view of the long-term strategic importance for national food security, that would benefit from further scrutiny by the Scottish Ministers. 148 The issue raised by Scottish Ministers is a material planning consideration and the weight to be attached to it is likely to be clarified by Scottish Ministers in their decision on the recalled appeal. Whilst the benefits of renewable energy are not an over-riding consideration, there is an increased and urgent need for renewable energy developments to achieve statutory targets. No reduction, however, should be given to the importance to the loss of prime land. A balance must always be struck between policy aims in making a planning decision. 149 Approval of this application at this current time, however, would compromise ability to have regard to the Ministerial decision and it could compound any issue identified by Ministers. As such, the development, owing to its scale, massing and location may contribute to the cumulative loss of prime agricultural land within a wider setting, whilst also resulting in the loss of food production potential and food security over its lifetime. The development, therefore, does not comply with Policy 50 of the LDP2 2019. 150 Whilst the applicant’s agent has provided an explanation for the number of panels proposed, there is little justification to demonstrate why the proposal could not be modified to reduce the extent of land take. Noted above, NPF4 Policy 5 is clear that the loss of prime agricultural land will be supported where proposals constitute renewable energy development, however, this is providing the layout and design of the proposal minimises the amount of protected land that is required. In these circumstances, it has not been demonstrated that a reduced number of solar panels would provide the required 49.9MW output. As such the development, on account of lack of technical detail, has not satisfactorily Page 134 of 180
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demonstrated that a reduced number of solar panels and resultant reduction of prime agricultural land would provide the required output. Consequently, it cannot be confirmed that the development complies with Policy 5 of National Planning Framework 4. 151 For those elements of the development that require the removal or movement of soils (e.g. substation and access tracks), under the terms of Policy 51 of the LDP2 and Policy 5 of the NPF4 further details will be required to demonstrate that the development complies, i.e. a Soil Management Plan. The Development Plans Team in their assessment of this proposal have considered this matter could be resolved by pre-commencement conditions if the proposal is to be approved. Accordingly, the development is considered to be in compliance with Policy 51 of the LDP2. Airfield Safeguarding 152 Aviation safety was raised by an objector in terms of glint and glare. The site falls within the consultation zone for Dundee Airport who were duly consulted. In the absence of any objection from Dundee Airport or any other body with relevant responsibility, this is not considered to be an adverse consideration. Other matters 153 The range of concerns expressed in the letters of representation are noted which focus on residential and visual amenity, road safety, biodiversity impacts and the loss of agricultural land in an area important for food production. These matters are addressed above. 154 Noted within the letters of representation are concerns with potential fire risk associated with the proposed development. The safe operation of infrastructure is, however, generally a matter for health and safety legislation as opposed to planning legislation. No substantive evidence, however, has been presented insofar as there is a particular risk associated with the proposed development e.g fires are a known and frequent risk associated with developments of this type. 155 Whilst not relevant to the assessment of this application, it is noted within the submission that the applicant notes the importance of community benefits and that discussions have started with the local community. No weight, however, has been given to the concerns raised in respect to the level of community benefit offered given that community benefit schemes are not a material planning consideration and as such are not relevant to the balance of planning considerations. Developer Contributions 156 None required. Page 135 of 180
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Economic Impact 157 In the short term, construction will create jobs with scope for local employment, however, the development is not supported by any economic information to further assess this impact. It is however predicted that once construction work is complete, further employment opportunities will be limited. The development, however, is a clear fit for the Scottish Governments policy direction set out within the Scottish Energy Strategy and NPF4 of transitioning to a low carbon economy with renewable energy generation. It also represents a significant inward investment in rural Perthshire, assisting in the creation of a national grid asset of regional significance for the Perth and Kinross area. Planning Obligations and Legal Agreements 158 None required. Direction By Scottish Ministers 159 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 160 To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. Striking a balance between the wider environmental benefits associated with renewable energy generation and local environmental disbenefits is an exercise of planning judgement. Significant weight must be given to the contribution the proposal would make towards addressing the global climate and nature crises and there is very strong policy support for this. This, however, does not mean that other policy requirements should be set aside and that any renewable energy development should be accepted anywhere irrespective of impact. 161 Development Plan policy seeks high quality design and for a development of this nature, a successful design is one which responds to its landscape character and context. NPF4 Policy 11 recognises that energy proposals are likely to give rise to significant landscape and visual impacts. It indicates that such impacts will generally be considered to be acceptable where they are localised and/or appropriate design mitigation has been applied. In this case, the adverse impacts are considered to be localised and the proposed development has been appropriately mitigated. The proposal would deliver significant benefits towards renewable generation targets/net zero. Nevertheless, it is not considered that these considerations are sufficient to outweigh the concerns noted above in respect to the cumulative loss of prime agricultural land. Page 136 of 180
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162 In this respect, the proposal is considered to be contrary to the Development Plan. 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 refusal on the grounds identified below. Recommendation Reasons for Recommendation 1. The proposal is contrary to Policies 50 ‘Prime Agricultural Land’ and 51 ‘Soils’ of the adopted Perth & Kinross Local Development Plan 2 (2019), as the development, owing to its excessive scale, massing and location would result in a significant loss of prime agricultural land which would have a detrimental impact upon soil resources. Furthermore, it has not been suitably demonstrated that there are no other non-prime land sites available. 2. The proposal is contrary to Policy 5 ‘Soils’ of the National Planning Framework 4 (2023), as the development, on account of lack of technical detail, has not satisfactorily demonstrated that a reduced number of solar panels and resultant reduction of prime agricultural land would provide the required output. The excessive scale of the development has therefore not been fully justified. Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None. Informatives None. Background Papers Letters of representation 93 Authors Name Designation Contact Details Gillian Peebles Planning Officer (Major applications) developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 21 May 2025 Page 137 of 180
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Ü Formation of a 49.9MW solar farm comprising ground mounted solar arrays, inverters, substation, ancillary buildings, fencing, CCTV cameras, access tracks and associated works on land 500 metres North West of East Saucher House, Kinrossie 24/00070/FLM Scale 1:25,000 Planning and Placemaking Committee - 11 June 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(3)(i) Page 139 of 180
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Ü Formation of a 49.9MW solar farm comprising ground mounted solar arrays, inverters, substation, ancillary buildings, fencing, CCTV cameras, access tracks and associated works on land 500 metres North West of East Saucher House, Kinrossie 24/00070/FLM Scale 1:10,000 Planning and Placemaking Committee - 11 June 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(3)(i) Page 141 of 180
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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. 25/152) Proposal: Erection of retail unit (Class 1A), formation of access, car parking, engineering works, landscaping and associated works Location: Land West Of 4 Pickembere, Pitheavlis, Perth Ref. No: 21/00248/FLL Ward No: P10- Perth City South Summary This report recommends refusal of the application as the development is considered not to comply with the relevant provisions of the Development Plan and there are no material planning considerations apparent which outweigh the Development Plan. Background and Description of Proposal 1 This application was first referred to committee on 1 June 2022, with a recommendation of approval on the basis of a particular approach to considering the provisions of the Development Plan and the various material planning considerations. The Committee agreed to grant planning permission subject to conclusion of a legal agreement to secure contributions and the cessation of retail use rights at Aldi’s existing Glasgow Road store. Prior to the legal agreement being signed, the Development Plan changed through the introduction of National Planning Framework 4. The application therefore was returned to Committee in February 2023 to allow for assessment against the new policies of NPF4. Committee again agreed to grant planning permission. The legal agreement was thereafter signed and the decision notice was issued on 31 May 2023. 2 That grant of planning permission was subsequently challenged through a Judicial Review (JR) brought by Tesco in the Court of Session. The Court upheld that challenge and revoked the planning permission. The JR judgement concludes that the proposal is not small scale or ‘neighbourhood’ development. In relation to NPF4, Policy 28 (c): Retail, the following is further clarified, taken from the judgement 5(4)(i) Page 143 of 180
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[56] In paragraph (c), the critical wording, for present purposes, is as follows: “Proposals for new small scale neighbourhood retail development will be supported where the proposed development: …” I see no reason not to understand these words as they are stated. In order for a proposed retail development to be supported, it requires to be both small scale and a neighbourhood development. [68] I agree with the petitioner that, looked at objectively, there is no way in which a proposal for an 1800 square metre development, with 100 car parking spaces, having a catchment area of half of the city could be said to be a “small scale neighbourhood retail development” as envisaged by paragraph (c) of Policy 28. 3 It was also clarified that it is the retail development as a whole that must be considered, not the net increase of floorspace from replacing the current Aldi store at Glasgow Road. That increase from the existing store being a focus of the reasoning to approve the application. The outcome of the JR is that the application is returned to the Council for reassessment in light of the judgement and any changes that have occurred in the meantime. 4 So, turning to the context, the application site is located within the settlement boundary of Perth, on the southern edge of the city. The Aviva campus, the main building of which is Category A listed, lies to the south in an elevated position. Currently access to the site is from the main Aviva service road, through a vacant area of ground to the southwest. This area was previously used as a hotel/training centre linked to Aviva. Topography across the application site generally falls by c.5 metres west to east, towards woodland (forming the Buckie Braes) and a row of traditional stone cottages. To the northwest, across Necessity Brae, is a residential area. 5 The application is for a retail development to replace the current Aldi store at Glasgow Road. The store proposed has a gross external floor area of 1,903 sq.m, of which the internal net floorspace (customer area) will comprise 1,315 sq.m. The net retail sales area will be 1,160 sq.m. This compares with the existing Aldi store on Glasgow Road which measures 1,231 sqm gross, and has a 660 sqm net retail sales area. The proposals therefore represent a c.500 sq.m uplift in sales floorspace (a slight reduction in the area from the original plans due to revisions in the way internal sales floor space is calculated). 6 The plans also include a new access junction from Necessity Brae, parking facilities, retaining structures and landscaping. Site History 7 08/00122/OUT Outline planning permission (OPP) was approved on 15 August 2008 for a mixed use development comprising residential, hotel with associated public house/restaurant, care home and offices with associated car parking, internal access roads and adjusted site levels. Page 144 of 180
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8 14/00269/AMM related to the above parent permission and a subsequent Section 42 consent (11/00933/FLM) saw the matters specified in conditions considered and detailed permission approved on 12 September 2014 for the residential aspects of the OPP. This permission was then implemented, the result being the development now present on the north-west side of Necessity Brae. Pre-Application Consultation Pre application Reference: 20/00447/PREAPP 9 The proposed development falls below the relevant thresholds and is therefore not classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009, therefore the applicant was not required to formally submit information to and gain approval from the Council in relation to pre-application consultation with the local community. Development Plan 10 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 11 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. It is also a more recent position on planning policy considerations than Local Development Plans which predate it. 12 The Council’s assessment of this application has considered the following policies of NPF4: Policy 2: Climate Mitigation and Adaptation Policy 3: Biodiversity Policy 6: Forestry, Woodland and Trees Policy 7: Historic assets and places Policy 13: Sustainable Transport Policy 14: Design, Quality and Place Policy 15: Local Living and 20 Minute Neighbourhoods Policy 18: Infrastructure First Policy 20: Blue and Green Infrastructure Policy 22: Flood Risk and Water Management Policy 23: Health and Safety Page 145 of 180
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Policy 27: City, Town, Local And Commercial Centres Policy 28: Retail Perth and Kinross Local Development Plan 2019 13 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, although a number of years older than NPF4, and is augmented by Supplementary Guidance. 14 The principal relevant policies are, in summary; Policy 1A: Placemaking Policy 1B: Placemaking Policy 2: Design Statements Policy 5: Infrastructure Contributions Policy 6: Settlement Boundaries Policy 7A: Employment and Mixed Used Areas: Business and Industrial Policy 13: Retail and Commercial Leisure Proposals Policy 15: Public Access Policy 17: Residential Areas Policy 27: Listed Buildings Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development Policy 41: Biodiversity Policy 52: New Development and Flooding Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 55: Nuisance from Artificial Light and Light Pollution Policy 56: Noise Pollution Policy 57: Air Quality Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance 15 Supplementary Guidance - Air Quality (adopted in 2020) Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2023) Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) Supplementary Guidance - Placemaking (adopted in 2020) Page 146 of 180
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PKC Non Statutory Guidance 16 Planning Guidance - Planning & Biodiversity Supplementary Guidance - Renewable & Low Carbon Energy (draft) Other material considerations Perth and Kinross Retail Study February 2023 17 This study provides an evidence base to assist PKC with its work on the Development Plan and to assist in assessment of retail applications and review related economic development framework. Getting the Right Change – Retail strategy for Scotland - March 2022 National Guidance 18 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 19 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: PAN 51 Planning, Environmental Protection and Regulation PAN 61 Planning and Sustainable Urban Drainage Systems PAN 68 Design Statements PAN 69 Planning and Building standards Advice on Flooding PAN 75 Planning for Transport PAN 77 Designing Safer Places National Roads Development Guide 2014 20 This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. Consultations 21 As part of the planning application process the following bodies were consulted: External 22 Historic Environment Scotland: No objection, initial concerns addressed by submission of a Heritage Assessment. Page 147 of 180
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23 Scottish Water: No objection. Note that capacity is available for foul and water, subject to an application to secure connections. Internal 24 Biodiversity: No objection. Advise of no impact on protected species. Concerns raised over the removal of trees and limited amount of biodiversity enhancements. 25 Community Greenspace: No objection. No conditions required. 26 Development Contributions Officer: No objection. Advise a contribution is required for transport infrastructure. This could be secured via a suitable legal agreement or other mechanism. 27 Environmental Health (Contaminated Land): No objection, no conditions required. 28 Environmental Health (Noise Odour): No objection. Conditions recommended related to noise, lighting and constriction management. 29 SEPA: No objection to proposal on flood risk, they highlight surface water issues but note that these are for the Local Authority to consider and take a position on. 30 Structures and Flooding: No objection. The Council’s Flood Team have reviewed most up to date drainage information and recommend a condition requiring SUDs. 31 Transport Planning: No objection. Conditions recommended for construction traffic management, road improvements and submission of travel plan. 32 Enterprise Team: No objection. Advise that the proposals align with council policy of encouraging investment, tackling poverty, developing a resilient economy, promoting business creation, growth and job creation. Representations 33 44 representations were received: 19 in support, 22 objections, 2 neutral and a petition supporting the development. The main issues raised within the representations are: 34 Support Employment provision Enhances character of area Results in environmental improvements Supports economic development Provides a shop within walking distance/shorter car trips Page 148 of 180
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35 Objections Impact on Buckie Braes Out of character with the area Adverse effect on visual amenity Contrary to development plan policy Inappropriate land use Loss of open space Loss of trees Noise pollution Road safety concerns Traffic congestion Flooding Impact on residential amenity 36 These issues are addressed in the Appraisal section of the report. Additional Statements 37 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not applicable Appropriate Assessment under Habitats Regulations Habitats Regulations Appraisal - AA not required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact e.g. Flood Risk Assessment Heritage Assessment, Landscape Design Statement, Tree Survey, Planning and Retail Statement, Employment Land and Viability Report, Drainage Impact Assessment inc. Flood Risk Assessment, Geo-Environmental Assessment, Consultation Report, Transport Assessment, Ecological Survey, Noise Report Page 149 of 180
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Appraisal 38 Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. 39 In this instance, section 14(2) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 places a duty on planning authorities in determining such an application as this to have special regard to the desirability of preserving the Listed building or its setting or any features of special architectural or historic interest which it possesses. Principle National Planning Framework 4 (NPF4) Policy 28 – Retail 40 Policy 28(a) of NPF4 states that retail proposals require to be consistent with the town centre first principle. This means that retail proposals: (i) will be supported in existing city, town and local centres, and (ii) will be supported in edge of centre areas or in commercial centres if they are allocated sites suitable for new retail development in the LDP (iii) will not be supported in out of centre locations (other than meeting Policy 28(c) or 28(d). 41 The application site is not zoned for retail and is in an out of centre location therefore it does not meet criteria (i) or (ii) above. The alternatives offered by Policy 28(c) only relates to small scale neighbourhood retail development and 28(d) relates to island and rural areas. As such, the application can only be considered against Policy 28(c). 42 However, in relation to exception (c), the judgement arising from the Judicial Review saw it concluded “that, looked at objectively, there is no way in which a proposal for an 1800 square metre development, with 100 car parking spaces, having a catchment area of half of the city could be said to be a "small scale neighbourhood retail development" as envisaged by paragraph (c) of Policy 28.” It was also clarified that it is the retail development as a whole that must be considered, not the net increase in floorspace which would result from the replacement of the existing store and removal of rights for retail use at that location. Furthermore, the 2023 Perth and Kinross Retail Study recommends that the forthcoming LDP3 defines small scale neighbourhood retail as comprising no more than 500 sqm gross floorspace in total, with individual retail units measuring Page 150 of 180
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no more than 200 sqm gross. These controls would ensure development principally serves local retail needs and is consistent with the principles of 20- minute neighbourhoods. 43 On this basis, given its scale, the proposal does not comply with Policy 28(c) and 28(d) does not apply. The proposal is therefore considered contrary to the principal policy consideration in relation to retail development, Policy 28 of NPF4. 44 Policy 28, in relation to new retail needs or development, directs planning authorities to sites allocated in the Development Plan. In the case where there are no existing sites that are deemed suitable it will be for the Development Plan review to bring forward new sites, if there is identified need. However, the Council’s 2023 Retail Study, referenced above, has concluded that there is no capacity/need for additional convenience retail floorspace within Perth (and more widely Perth and Kinross as a whole). This lack of capacity has also been further compounded with the recommended approval of the retail foodstore adjacent to Strathtay Road, Perth (Ref: 23/02025/FLL) where a further 1949 square metres of retail floorspace received a ‘minded to grant’ position at the Planning and Placemaking Committee of 12 March 2025. Although it should be noted that that decision has not been issued yet, as there are required developer obligations to be secured – via either contribution or a suitable legal agreement. In addition, the projections for physical retail space are not positive due to a general contraction of physical retail space requirements, as a result of a number of factors including: the increase in online shopping and click and collect services. Based on the study findings the Council is not likely to identify further commercial centres/or expand existing ones in Perth via the current LDP 3 review. NPF4 Policy 27 Town, local and commercial centres 45 Policy 27 of NPF4 relates to town, local and commercial centres. It must be noted that it is the intention of this policy to enhance and improve the vitality and viability of city, town and local centres, and ensure that development proposals are consistent with the town centre first approach. In any case, the policy approach for retail development in an out of centre location is clearly set out in NPF4 Policy 28 Retail, and thus Policy 27 is not considered offer significant support in this case. Particularly as the application site is not within a designated centre which Policy 27 otherwise relates and would have impacts on the vitality and viability of existing centres. NPF4 Policy 15: Local Living and 20 Minute Neighbourhoods 46 Policy 15 relates to local living and 20 minute neighbourhoods and seeks to create compact neighbourhoods where people can meet the majority of their daily needs within a reasonable distance of their home. 47 In terms of Policy 15 the proposal would contribute to local living and 20 minute neighbourhoods. However, it must be noted that the store would go beyond fulfilling the ‘daily need within a reasonable distance of home’. Rather the store Page 151 of 180
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would provide an expansive offering and be seen more as a more significant ‘weekly food shop’ facility serving not only the local community, but to a large extent a much wider car-based catchment. Indeed, this is identified within the submissions supporting documents. 48 It is therefore considered that Policy 15 is not the appropriate policy to consider the principle of a significantly scaled supermarket. Although it is recognised that the proposal may provide an option for daily needs, for the local catchment close enough to walk there and back for top up items, the proposal and its overall target market and scale cannot be considered to gain the appropriate level of support from this policy, to outweigh the intentions of Policy 28. NPF4 Policy 9 Brownfield, vacant and derelict land and empty buildings/Policy 26 Business and Industry 49 The principle of development on the site is supported by policy through the employment zoning and by uses supported. Particularly this relates to non-retail uses, as outlined in Policy 26 Business and Industry (excluding retail). Notably an office development was previously approved, although never progressed. 50 Policy 9 is relevant as the site formed part of a larger previously developed area and the policy intent is to encourage, promote and facilitate the reuse of brownfield land for necessary development. The policy aims are to maximise existing assets and minimise additional land take. Policy 9 a) supports proposals which will result in the sustainable reuse of brownfield land. 51 It is considered by the applicant that the existing store at Glasgow Road cannot easily or in their view appropriately expand, so they would like to relocate to a larger site and provide a store which meets their aspirations. The existing and proposed sites are to an extent comparable, being both out of centre and zoned for employment uses. Although the existing location is close to the city centre, in proximity to other retail facilities and adjacent to a main road and associated bus route and stop. It is appreciated that the site at Necessity Brae has been vacant for more than 20 years and has been demonstrated to have abnormal build costs which restrict the viability of development to higher value proposals, such as a retail-based development. Therefore, this site is unlikely to come forward as a viable employment site. Although it is not considered to have adverse visual impacts and has become largely regenerated. 52 In this case the existing retail use would be revoked on the Glasgow Road store and that site would revert to employment use. The proposed development could also be seen to revitalise a brownfield and allocated site with viability issues (Necessity Brae) and in its place provide a more easily serviced and deliverable employment site at Glasgow Road. In this case the benefits of the potential return of the Glasgow Road site to employment could be seen to comply with a number of policies in NPF4, as it meets Policy 26 Business and Industry in location, size and quality in terms of accessibility and services. Although the application itself would see the development of an employment site for retail purposes, the impact Page 152 of 180
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in land use allocation terms would be fairly neutral as it removes the Class 1 retail use from the Glasgow Road site which also falls within an allocated employment zoning. It is therefore considered that although development of the site for a non- employment use would be contrary to Policy 26 Business and industry, the unusual situation involving the revocation would see significant impacts in terms of available ‘employment’ land such that it could be seen as a significant departure from Policy 26 of the LDP. 53 Therefore the proposal may comply with Policy 9 Brownfield and may be justifiable in terms of return of the existing site at Glasgow Road to employment use. However, that is in relation to the zoning of the site and does not consider the nature of the use proposed. The policy for considering retail development remains Policy 28 and as the Perth Retail Study notes there is no requirement for additional retail within Perth and Kinross so there is not enough support to develop this site contrary to Policy 28 Retail. Perth and Kinross Local Development Plan 2 (2019) – Policy 13 - Retail 54 NPF4 supersedes the Perth and Kinross Local Development Plan 2 where there are conflicts. Policy 13 Retail and Commercial Leisure is therefore no longer fully applicable. In particular, criteria 2 is superseded, as it is no longer sufficient for a proposal to be supported by a favourable sequential assessment, as this conflicts with the NPF4 Policy 28. Particularly when it comes to out of centre proposals as they are only supported if Policy 28 criteria (c) or (d) apply as noted above. 55 The applicable parts of Policy 13 which can be considered are criteria 1 (helps meet quantitative or qualitative deficiencies), 4 (provides improved distribution and accessibility) and 7 (no significant impact individual or cumulative on any of the centres). These criteria do not directly conflict NPF4 and remain part of the Development Plan. 56 On these criteria the Perth catchment is well served by its convenience and comparison offer, as demonstrated by the Council's commissioned 2023 Retail Study which projects an oversupply in retail floor space. This a change from the 2016 study which indicated some retail capacity. The 2022 consideration of the application took into account the information within the 2016 Retail Study, with the 2023 Retail Study showing a differing situation and showing the speed of change experienced in the retail industry. 57 The applicants supporting information provides contrasting data to that within the Council’s Retail Study. The figures within their assessment indicate overtrading by convenience retailers and concludes that there is capacity available. However, the methodology within the applicant’s supporting retail assessment adopts the approach taken within the Council’s 2016 Retail Study, which had also identified significant levels of capacity across the Council area. The main difference being that in 2016, the study considered overtrading as a sign of deficiency (and need for more choice as most retail studies do) and therefore capacity to accommodate further floorspace to address said deficiency. The applicant’s agent notes that Page 153 of 180
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comparing the 2023 and 2016 studies reveal quite different views on the floorspaces of foodstores. 58 The applicants conclude that there is a capacity of £8.03m with the proposal’s turnover being £4.75m. Additional inflow is then considered, with this assumed to be 5% of the total, based on the percentage within the Council’s last two retail studies which vary from 3% -6%. This 5% inflow generates a further £11.59m and would derive from visitors from elsewhere in Scotland and further afield given Perth’s location as an entry point into the Scottish Highlands via the A9. The 2016 Study found visitors came from Stirling, Dundee and beyond Scotland with over £11.59m flowing into the area. Overall, this results in the applicants view that there is a residual capacity of £19.62m which they assert is closer to the findings of the 2016 Retail Study. They consider this to be a more accurate projection than the alternative methodology employed within the 2023 Study, given that this did not consider overtrading. With this finding, the applicant considers that there is a quantitative deficiency within Zone 1. 59 It must also be acknowledged that more recently an additional Class 1 retail proposal at Crieff Road has been recommended for approval at the March 2025 meeting of the Planning and Placemaking Committee. This therefore adds additional retail floorspace which the 2023 Council Retail Study stated was not required. The applicant has acknowledged this within their statement and figures and even with the Lidl store approved they continue to be of the opinion that there is still capacity for the Aldi store uplift. 60 The information supplied within the submission has been put to the consultants who prepared the 2023 Council study. The PKC commissioned retail study forecasting oversupply of convenience retail space (and comparison). There is no distinction between discount and non-discount retailing – or between real or perceived value/cost differences between operators. In addition, discount or value retail offerings are not, of their own, a separate planning use class. It is also the case that many, if not almost all, mainstream retail operators have ranges to meet this and indeed all section(s) of the market. However, even if overtrading were an issue the Councils consultant confirms it is marginal and even if included wouldn’t change the overall projected negative figures. In this case there is a differing methodology and outcome but as the Council study is independent and not related to any individual retail interest, such as that under consideration, it is not proposed that the Council would change its view and depart from the position taken within the study it has seen undertaken. 61 In this context there is no identified or obvious quantitative or locational requirement for an additional food store at the site. It must also be stressed that a perceived need for additional ‘discount/value’ provision to provide wider choice is not a relevant planning consideration. It is, however, the case that there are already a wide range of choices for shoppers across Perth and Perth and Kinross more widely, with various different offerings to serve different segments of the population. Overall, the Perth catchment is considered to be well served by its Page 154 of 180
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retail (convenience and comparison) offer and these conclusions are supported by the Council's 2023 Retail Study. 62 The proposal would therefore not satisfy criteria 1 (helps meet quantitative or qualitative deficiencies) or 4 (provides improved distribution and accessibility). 63 In relation to criteria 7 (no significant impact individual or cumulative on any of the centres) as outlined above there is considered to be sufficient availability and choice in Perth and to an extent more widely. In addition to the local centres in Oakbank Road/Alder Drive, West Mains Avenue and Broxden services, there is important convenience retail provision within the city centre, and some good edge of centre/commercial centre provision. Morrisons, B&Ms, and the Foodstore at St Catherine's Retail Park all encourage linked trips with the city centre and thus have enhanced economic impact. In terms of the impact on the city centre there is a need to consider the St Catherine’s commercial centre because it is edge of the city centre and has this key role for linked trips. 64 The updated retail study suggests in relation to neighbourhood centres that, ‘those that are small / weak and sit in the shadow of large foodstores appear to be most likely to struggle’. The Development Plan policy team consider an approval of an Aldi store is likely to negatively impact on local neighbourhood provisions rather than complement it. However, in this case it should be noted that the closest undesignated retail offerings are a significant distance from the site. The closest is at Broxden Services which due to its petrol station offering the resultant trade mainly from passing motorists would not likely be significantly impacted by the development of the site. Oakbank Road/Alder Drive and West Mains Avenue are also a considerable distance from the application site so the store would be unlikely to draw away significant trade, if the principles of 20 minute neighbourhoods and sustainable travel are prioritised by shoppers. 65 In this case as the site is within an underserved area of Perth the proposal may not significantly impact the neighbourhood centres but the location well away from the town centre, based on the position of the 2023 Retail Study, could detrimentally impact the city centre/edge of centre offering. This particularly as the scale of offering proposed is significant and designed to serve a large catchment who would currently access those existing retailers, in existing identified centres, especially in the context that there is no new uplift in spend or patronage predicted. In essence the proposed store would draw trade away from existing retailers and impact their vitality and viability with limited if any positive overall impact. 66 This view has changed since the previous assessment of the proposal in 2022, as the 2023 Retail Study revises the retail projections and the proposal therefore no longer gains significant support from Policy 13 of LDP2. Page 155 of 180
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Policy conclusion 67 The proposal is contrary to Policy 28: Retail of NPF4 which is the most up to date position on retail policy in Scotland and therefore the key factor in determining this application. 68 The proposal is therefore considered contrary to National Planning Framework 4, Policy 28, as the proposal is for a significantly sized supermarket in an out of centre location which does not meet either of the policy exceptions: (c) for small scale neighbourhood retail facilities, or (d) for island and rural facilities. It also is contrary to LDP2, Policy 13: Retail and Commercial Leisure as it does not address any qualitative or quantitative deficiencies as demonstrated in the 2023 Retail Study and that there would likely be a detrimental impact on the city centre. Material Considerations 69 There is however some support for the proposal. Section 25 of The Town and Country Planning Act (Scotland) 1997, as amended, requires planning applications to be determined in accordance with the Development Plan unless material considerations indicate otherwise. As outlined above, the proposal is clearly contrary to the Development Plans main considerations. However the existence of support in letters of representation is not considered to be a significant material planning consideration, which would merit departure from the Development Plan. Also, whilst there is a perceived need for discount/value foodstore provision, this is also not considered to be a relevant test or planning consideration in relation to the determination of this planning application. Particualrly, retail policy does not allow for a differentiation between retail offerings or operators, rather it is the use class which is considered and the assessment required to be made without reference to a specific operators business model/offering. Operators can, of course, change after the grant of planning permission without any further consideration being required. This allowing any retail operation to occupy the building if it were approved. So it must be remembered that the presence of supporting representations is not considered to outweigh the above policy concerns. 70 The supporting information indicates that all existing employees at Glasgow Road would be transferred to the proposed new store with an opportunity for 10 new jobs. It will also provide additional employment during the construction process. Whilst job creation is welcomed the number of new jobs/related temporary jobs is limited and would not be enough to set aside the primacy of the Development Plan policy. It must also be noted that it is accepted that there could be potential impact on existing retail provision, impact on footfall in the city centre, and thus adversely impact on employment elsewhere. So the overall economic benefit of the proposals are unclear. Design and Layout 71 The proposed retail unit with car parking, servicing and landscaping sees a single storey building located to the south of the site with the service area contained to Page 156 of 180
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the rear. The access is to the west onto Necessity Brae and the carpark lies to the north/northwest. 72 The building has a simple rectangular floor plan with a low mono-pitch roof. The site, due to the sloping topography, requires land engineering works to increase levels and create a platform for development. The building would be sited in the southern part, where no significant increase in levels are required. Where the levels require to be increased and retained, to a maximum height of c.4.95m (to the north/east) carparking areas would be provided. The platforming and cut and fill of sloping sites is not uncommon and can include the use of masonry/ concrete retaining walls, gabion baskets or a crib lock structures. However, the approach proposed seeks to mitigate the impacts and provide a softer solution via the use of ‘Tensar Greenslope’, which is a naturally vegetated, steep-slope earth retaining system. 73 The building’s finishes are timber cladding to walls and the roof finished in green coloured panels, to tie in with the natural character of the site and the immediate context of the woodland backdrop. 74 The design, siting and materials are considered to be acceptable and comply with the design policies of LDP2 and NPF4. Residential Amenity 75 The proposed opening hours of the store are between 8am and 10pm, Monday to Saturday and 9am to 8pm on Sundays. 76 The site sees the closest residential properties to the east at 1 to 4 Pickembere (Low Road) and then to the northwest (separated by Necessity Brae) where there are flatted properties at Arthur Park. 77 The store and its service yard are located to the south of the site set at the furthest point from these dwellings. The car park is however sited closer to 1 to 4 Pickembere. Air Quality 78 The site is within the Perth Air Quality Management Area (AQMA) and an Air Quality Assessment (AQA) supports the application. The AQA aligns with the submitted Transport Assessment and has used the traffic data from the recently produced Systra 2019 baseline traffic model for Perth. In line with the Institute of Air Quality Management impact descriptor the AQA concluded that the impact from the proposed development will be insignificant for all pollutants. 79 A dust assessment was also undertaken to assess construction phase impacts and concluded that dust generated from the site construction activities would be low risk. Page 157 of 180
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Noise 80 The submission is also accompanied by a Noise Impact Assessment (NIA) which assesses noise from the proposed car park, store service area, fixed plant noise sources and deposit return scheme facilities. 81 The NIA concluded that no additional mitigation noise control measures would be required. As the development is not likely to have a detrimental effect on the existing residential amenity at closest dwellinghouses for both daytime and night- time as target criteria levels are not exceeded. Lighting 82 The carpark would be at a higher level than the current ground level, as a result of site level works. However, the retaining structure would form a pediment enclosure to the boundaries which will screen car headlights. An overall lighting scheme for the carpark could be required by condition, to ensure screening. 83 While this application is recommended for refusal, if the application is approved, a number of conditions are recommended with regard to construction management, noise, servicing and delivery times and lighting to protect the amenity of existing residential dwellings. 84 Overall in relation to residential amenity the proposal could be seen to comply with the applicable policies of both LDP2 and NPF4. Contaminated Land 85 Site investigations have been undertaken to support a previous application covering a larger land area (but which included the application site). This saw no identified constraints to the site’s redevelopment. Roads and Access 86 The proposed vehicle and pedestrian access is to be formed directly onto the B9112 (Necessity Brae). The site-specific developer requirements of LDP 2 states that connection is to be made to the core path network to east. However, this is not included in the proposal, due to the change in levels which would require a substantial stepped/ramp access and also reduce the potential for landscaping/compensatory planting. It is also considered that the link would offer little benefit, as the Buckie Braes lead out of Perth and do not connect any residential areas. As such this aspect is not considered necessary. 87 The site would be served by 100 parking spaces, including 8 accessible (two of which would see electric vehicle charging points (EVCP)) along with 9 parent and child spaces, and 4 EVCPs, (2 at accessible spaces and 2 at other spaces). Furthermore, ducting will be provided within the car park for a further 16 EVCPs Page 158 of 180
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should the need arise in the future. Cycle stands would also be installed at the shopfront, for up to 10 bicycles. 88 The delivery regime for Aldi stores generally involves the following: one to two HGV deliveries (16.5m vehicles) and a smaller milk delivery (small rigid truck) each day. The HGV would drive forwards into the site, manoeuvre in the loading bay, and then exit the site in forward gear. 89 To facilitate the vehicle access into the site, the proposal is to relocate the southwest bound bus stop on Necessity Brae. 90 Trip generation information for the development, shows that there will be a number of new trips and pass-by trips attracted to the store. Therefore if permission was to be grated there are a number of matters which would require to be subject to suitable planning conditions. 91 With approximately 300 residential properties to the northern side of Necessity Brae, it is considered that a signalised pedestrian crossing should be provided to enable residents to cross and access the proposed Aldi store. 92 The footway on the southern side of Necessity Brae is currently slabbed and the development would result in increased footfall, such that any approval sees it recommended that an alternative material is considered, such as a Hot Rolled Asphalt. This to improve evenness and navigation, such as by those with visual impairment. 93 With the large employer of Aviva to the southwest, it is recommended that the footway to the west of the proposed vehicle access should be extended round into the site, to a point where there is gas meter housing, to reduce the conflict between pedestrians and vehicles. 94 Proposed ‘yellow box’ junction markings shall be subject to further discussion with Perth & Kinross Council and Police Scotland, therefore the implementation of the yellow box markings would not be approved through this planning application and rather a suitable condition applied to any consent. 95 If the applications were to be supported conditions would be required in relation to the installation of a crossing, cycle parking spaces, footpath layout/resurfacing. 96 Overall, the proposal is considered to comply with LDP2 Policy 60 and NPF4 Policy 13, as far as they relate to roads and access matters. Drainage and Flooding 97 The application is supported by a Drainage Impact Assessment which includes a Flood Risk Assessment. This sees the site not identified within an area of flood risk, but there are known surface water flooding issues within the area. Despite this, there is no requirement to formally consult SEPA on matters relating to Page 159 of 180
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development proposals where the only source of flood risk is surface water. In such instances SEPA refer planning authorities and developers to their standing advice. The applicant has provided an update in relation to more recent letters of representation which raised flood risk. 98 The development will increase the impermeable area within the site boundary. However, the site currently sees surface water drainage essentially unmanaged and thus contributes to the downstream catchment at an unrestricted rate both through a pipe connection to the watercourse and overland runoff. As a result of the proposed development the discharge rate has been calculated for all storm events up to the 1 in 200 year +39% climate change. In this regard the data provided demonstrates that here is an overall betterment which would result post development, as the outflow would be restricted to rates below the current calculated levels. 99 Reference has also been made to an existing surface water sewer which crosses the site. The drainage consultant confirms that the sewer can only flood from manholes located outside the site boundary. The development of the site would therefore not change the current situation and the flow path from this sewer will remain unchanged. In addition, as set out above, the flood risk will be reduced due to the reduction in discharge rate resulting from the proposed development. There is also reference to the combined sewer and the consultant confirms that the flood flow path will not change as a result of the development. 100 The development is also to be connected to the Scottish Water network for water and foul drainage. Scottish Water note that the following assets are within/or close proximity: a 225mm foul and combined sewer, 100mm surface water sewer and a 200mm distribution main. These have been taken into account in the development layout and the planting scheme. 101 Although not required to be consulted, SEPA have reviewed the information and confirm the site is not at flood risk from the Scouring Burn or the Buckie Burn, both of which flow into the Craigie Burn. The only advice they offer is that surface runoff from the new development should not make flood risk downstream on the Craigie Burn any worse, given the existing issues that exist. They note that this is a matter for the Local Authority to comment on. On this issue the Council’s Flood Team have reviewed the updated information and have no objection to the proposal, recommending standard SUDs conditions. 102 It is considered that the proposal complies with Policy LDP2 and NPF4 policies on drainage. Conservation Considerations 103 The site is located to the north of the category A listed Aviva Insurance Building. Historic Environment Scotland (HES) initially considered that the development proposed could have a negative impact on key views from the Aviva Building in the immediate designed landscape which slopes down to the development site. Page 160 of 180
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To better understand the potential impacts, they recommended that further analysis of the setting was carried out to inform the design, proposed materials and mitigation measures. Also advising that visualisations should be produced to confirm the appearance of the building and car park in key views northwards from the Aviva Building. 104 This information has been submitted and HES reconsulted, where they welcome the amendments and supporting information which takes account of their previous advice. These include a new Heritage Assessment, updated Design and Access statement and Landscape Design Plan, and changes to the building design. They particularly welcome the visualisations which help to show how the building will be seen in key views from the Aviva building. 105 It is therefore considered that the proposed mitigation measures – including changes to the roof colour and removal of cowls, timber clad elevations, and redefining of the northern edge of the site with micro siting of new trees - will make the building sufficiently recessive in the setting of the Aviva Building. The proposal is therefore considered to comply with Policy 28 of LDP2 and Policy 7 of NPF4. Natural Heritage and Biodiversity 106 A Preliminary Ecological Appraisal Report (PEAR) was undertaken in September 2020, in accordance with best practice guidance and was updated in August 2024. This reflects works undertaken on the site, including tree felling, prior to the Judicial Review overturning the initial grant of planning permission. 107 Overall, the site was assessed as providing low suitability to support protected species and no evidence of such species was found during the survey. 108 The grassland within the site is suitable for breeding birds, although human disturbance may limit this. As recommended in section 5:2 of the PEAR, any vegetation clearance must be undertaken outside of the bird breeding season. 109 The revised plans have enhanced biodiversity by including planting to tie in with the Buckie Braes, including: native trees, pollinator friendly plants, installing a variety of bird boxes, a bee post and pole mounted bat boxes. 110 Although the site has been cleared of trees there will be no detrimental impact on protected species and the proposal is incorporating biodiversity enhancement. The proposal is therefore considered to comply with the Policy 41 of LDP2 and Policy 3 NPF4. Trees/Landscape 111 A significant number of trees (95) needed to be felled to enable the development of the site and as noted tree felling has taken place following the previous grant of permission prior to the Judicial Review. Notwithstanding, it has been accepted Page 161 of 180
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that trees needed to be felled to facilitate the development of this site and whilst the level of tree felling is unfortunate it must overall be weighed against the benefits of developing a site that it is zoned for development. 112 While the tree loss is accepted, the landscaping scheme must offer acceptable mitigation. In this sense the initial landscaping scheme has been revised to address concerns regarding the species chosen, etc. Also due to clarifications on drainage wayleaves which has seen planting removed from areas where it was previously shown. The revised scheme also includes a small amount of planting beyond the site boundary which the agent confirms has been discussed with the relevant landowners. Whilst this planting is welcomed it couldn’t be controlled via condition or enforced and is therefore not a determining issue in relation to the acceptability of the scheme. 113 The revised landscape plan sees 102 trees to be planted, comprising: 2 trees at the west boundary, 46 at north, 40 at east, with 14 trees off site. Overall, the increase in tree numbers is heavily weighted to the east. This provides screening of the site to walkers accessing Buckie Braes addressing some of the Community Greenspace comments. It also affords screening to the local residents adjacent to the east boundary. 114 The landscaping scheme includes herbaceous planting along the boundary with Necessity Brae, this offers benefit for pollinators but would not screen the building. The supporting documents note that due to wayleaves and position of retaining slopes tree planting cannot be accommodated within this area. It must also be noted that in planning terms it is not necessary to hide or screen the development. It is more important that the cumulative impacts of the proposal can be accommodated within the landscape capacity. It is considered that the design of the building and colour pallet of materials (timber cladding/green roof) will enable the building to blend with the landscape backdrop. The use of the Tensar Greenslope will also help integrate the retaining structures into the landscape framework. The herbaceous planting can also contribute by providing a green edge. 115 The landscape proposals for the site are considered to provide adequate mitigation and to comply with the placemaking polices of LDP2 and NPF4. The proposal is also considered to comply with Policy 40 of LDP2 and Policy 6 of NPF4 as mitigation in the form of replacement planting has been included. Low and Zero Carbon Generating Technologies 116 LDP2 Policy 32 ‘Embedding Low and Zero Carbon Generating Technology in New Development’ states that proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. As this proposal includes the erection of a new building, consideration must be given to this requirement. Page 162 of 180
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Further, NPF4 Policy 2 ‘Climate Mitigation and Adaptation’ requires that development should be designed to reduce green gas emissions. 117 The supporting statement details that the objective is to minimise energy needs in development by following the Government’s Energy Hierarchy approach to minimising energy use. This includes the innovative “heat recovery” technology which removes 100% of a store’s requirement for heating equipment by recycling heat from the refrigeration units. In this case a condition could have been added so this can be agreed formally as the details submitted don’t cover the specific 10% requirement as outlined in the policy if the application had been recommended for approval. Developer Contributions 118 The Council’s Transport Infrastructure Developer Contributions Supplementary Guidance requires a financial contribution towards the cost of delivering the transport infrastructure improvements which are required for the release of all development sites in and around Perth. 119 In this regard the site is located in the Perth Transport Infrastructure zone (Appendix 3 of the Supplementary Guidance). 120 In this regard a Section 75 Legal agreement has already been signed, following the previous determination, securing the contributions £87,654required for the site. Economic Impact/Benefits 121 The submission has been reviewed by the Council's Business, Place and Investment Team (BPIT) who have indicated that the application aligns with the Council's corporate priorities around tackling poverty and developing a resilient economy, promoting business creation, growth and job creation but this is only looking at the proposal in isolation without considering the potential for adverse economic impacts on existing retail provision, as highlighted in this report. 122 The BPIT also consider that the proposal is expected to create up to 10 new jobs (in addition to the 18 transferred roles) plus indirect jobs via construction and the supply chain. They also feel that the store would provide more choice for local people with lower prices, although these are not material planning considerations. They also feel that there would also be potential local supply chain benefits. However, they also accept that there would be potential impact on existing retail provision, especially small independent businesses and the proposal would likely also impact on footfall in the city centre. Overall, whilst there are considered to be some economic benefits associated with the proposal these may not be positive in a wider sense and are not considered to outweigh the fundamental planning policy conflicts which are outlined above. Page 163 of 180
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Variation of Application Under Section 32A 123 This application was varied prior to determination, in accordance with the terms of Section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. The variations incorporate changes to the landscaping scheme, finish materials and submission of additional supporting documents. Planning Obligations and Legal Agreements 124 If the application is approved, the existing s75 agreement will require to be reviewed and, if necessary, a variation undertaken to ensure that the transport contributions due as set out above are appropriately provided for. Direction by Scottish Ministers 125 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 126 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 be contrary to the Development Plan. Account has been taken of the relevant material considerations and none, whether individually or cumulatively, have been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for refusal on the grounds identified below. Recommendation Refuse the application. Reasons for Refusal 1. The proposal is contrary to Policy 28, Retail, of National Planning Framework 4 (NPF4), specifically 28 a) iii which does not support retail proposals in out of centre locations. The site is in an out of centre location and is not allocated for new retail development. The proposal is also contrary to Policy 13 of the Perth and Kinross Local Development Plan 2 (2019) as there is no requirement for additional retail floorspace within the catchment, as demonstrated by the Perth and Kinross Retail Study 2023. The proposal will also divert trade from existing allocated neighbourhood centres and their anchor convenience stores, to their likely detriment. The proposal also would encourage diversion of existing footfall and spend away from the city centre and therefore would impact significantly on the viability and vitality of the city centre and to a lesser degree other local centres. Page 164 of 180
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Justification The proposal is not in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Procedural Notes None required. Informatives None. Background Papers Letters of representation 54 Authors Name Designation Contact Details Joanne Ferguson Planning Officer (Major applications) developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 28 May 2025 Page 165 of 180
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Ü Erection of retail unit (Class 1A), formation of access, car parking, engineering works, landscaping and associated works on land West of 4 Pickembere, Pitheavlis, Perth 21/00248/FLL Scale 1:25,000 Planning and Placemaking Committee - 11 June 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(4)(i) Page 167 of 180
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Ü Erection of retail unit (Class 1A), formation of access, car parking, engineering works, landscaping and associated works on land West of 4 Pickembere, Pitheavlis, Perth 21/00248/FLL Scale 1:5,000 Planning and Placemaking Committee - 11 June 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 5(4)(i) Page 169 of 180
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Perth and Kinross Council Planning and Placemaking Committee – 11 June 2025 Pre-Application Report by Development Management and Building Standards Service Manager (Report No. 25/153) Proposal: Proposed demolition, re-development and enlargement of poultry farm, associated infrastructure and works Location: Balado Bridge Poultry Farm, Balado Ref. No: 25/00005/PAN Ward No: P8- Kinross-shire Summary This report is to inform the Committee of a potential forthcoming planning application in respect of a major development for proposed demolition, re- development and enlargement of poultry farm, associated infrastructure and works at Balado Bridge Poultry Farm, Balado. The report also aims to highlight the key planning policies and the likely stakeholders who would be involved in the decision making process, and to offer a brief overview of the key planning issues which are likely to be relevant to the proposal. Background and Description 1. In accordance with the provisions of the Town & Country Planning (Scotland) Act 1997 (as amended), the applicants submitted a Proposal of Application Notice (PoAN) on 12 March 2025. The purpose of this report is to inform the Planning and Placemaking Committee of a forthcoming planning application in respect of a major development for proposed demolition, re-development and enlargement of poultry farm, associated infrastructure and works at Balado Bridge Poultry Farm, Balado. Pre-application reports give the Committee an opportunity to raise issues which it would like to see addressed in the planning application. 2. This PoAN seeks to formally establish a major development. The exact range of uses, scale and design of the development will be arrived at during pre- application discussions. Environmental Impact Assessment (EIA) 3. Due to the scale of the proposal it will require to be screened as to whether the proposal is an EIA development under the EIA 2017 Regulations. A screening request is required to be submitted by the applicant. 6(i) Page 171 of 180
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Pre-Application Process 4. The PoAN (reference 25/00005/PAN) confirmed that two public exhibitions will be held at Millbridge Hall, Kinross, the first event on 7th May between 1pm and 6pm and the second event on 21st May between 1pm and 6pm. The Ward Councillors, and Kinross Community Council have been notified. The results of the community consultation will be submitted with the planning application as part of the required Pre-Application Consultation (PAC) Report. Development Plan 5. The Development Plan for the area comprises National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2 (2019) (LDP2). National Planning Framework 4 6. 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. 7. NPF4 was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 8. 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 9: Brownfield, Vacant and derelict land and empty buildings Policy 13: Sustainable Trasport Policy 14: Design, Quality and Place Policy 18: Infrastructure First Policy 20: Blue and Green Infrastructure Policy 22: Flood Risk and Water Management Policy 29: Rural Development Perth and Kinross Local Development Plan 2019 9. 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. Page 172 of 180
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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 26B: Scheduled Monuments and Archaeology: Archaeology Policy 32: Embedding Low and Zero Carbon Generating Technology in New Development Policy 38A: Environment and Conservation: International Nature Conservations Sites Policy 38: Environment and Conservation: National 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 42: Green Infrastructure Policy 46A: Loch Leven Catchment Area Policy 46B: Loch Leven Catchment Area Policy 51: Soils Policy 52: New Development and Flooding Policy 53A: Water Environment and Drainage: Water Environment Policy 53B: Water Environment and Drainage: Foul Drainage Policy 53C: Water Environment and Drainage: Surface Water Drainage Policy 54: Health and Safety Consultation Zones Policy 55: Nuisance from Artificial Light and Light Pollution Policy 56: Noise Pollution Policy 58A: Contaminated and Unstable Land: Contaminated Land Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Policy 61: Airfield Safeguarding Statutory Supplementary Guidance 10. Supplementary Guidance - Airfield Safeguarding (adopted in 2020) Supplementary Guidance - Developer Contributions & Affordable Housing (adopted in 2020) Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) Supplementary Guidance - Landscape (adopted in 2020) Supplementary Guidance - Placemaking (adopted in 2020) PKC Non-Statutory Guidance Page 173 of 180
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11. The following non statutory guidance and documents are of particular importance in the assessment of this application: Planning Guidance - Loch Leven SPA, the Dunkeld-Blairgowrie Lochs SAC and the River Tay SAC Planning Guidance - Planning & Biodiversity National Guidance 12. The Scottish Government expresses its planning policies and guidance through the National Planning Framework, Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. Planning Advice Notes 13. The following Scottish Government Planning Advice Notes are likely to be of relevance to the proposal: PAN 1/2011 Planning and Noise PAN 2/2011 Planning and Archaeology PAN 3/2010 Community Engagement PAN 51 Planning, Environmental Protection and Regulation PAN 61 Planning and Sustainable Urban Drainage Systems PAN 73 Rural Diversification PAN 75 Planning for Transport Site History 14. 97/00200/FUL Full Planning Permission was Approved on 17 June 1997 for Conversion of existing farm buildings to 2 dwellinghouses 15. 98/01059/FUL Full Planning Permission was Approved on 13 October 1998 for Change of use from private to commercial trout fishery and site portable building and toilet 16. 99/00200/FUL Full Planning Permission was Approved on 11 May 1999 for Modification of existing consent to erect a house and detached double garage at plot 6 17. 99/00754/FOR was Approved on 15 June 1999 for new planting of 3.4 hectares 18. 02/01029/FUL Full Planning Permission was Refused on 1 November 2002 for Renewal of consent for the conversion of farm buildings to two dwellinghouses 19. 03/01540/FUL Full Planning Permission was Approved on 2 December 2003 for Conversion of farm building into two dwellinghouses Page 174 of 180
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20. 04/00127/FUL Full Planning Permission was Approved on 21 June 2004 for Formation of lorry compound with associated fencing 21. 08/01016/FUL Full Planning Permission was Approved on 15 July 2008 for Renewal of previous planning consent (03/01540/FUL) for the conversion of farm buildings into 2 dwellinghouses 22. 13/01125/SCRN on 5 July 2013 for Erection of wind turbine Consultations 23. As part of the planning application process the following would be consulted: External - Scottish Environment Protection Agency - NatureScot - Scottish Water - Historic Environment Scotland - Health and Safety Executive - Perth and Kinross Heritage Trust - Kinross Community Council - INEOS FPS Internal - Environmental Health (Noise and Odour), (Contaminated Land), (Private Water) - Planning and Housing Strategy - Development Contributions Officer - Transportation and Development - Structures and Flooding - Biodiversity Officer Key Issues Against Which a Future Application Will Be Assessed 24. The key considerations against which the eventual application will be assessed include: a. Visual Impact b. Scale, Design and Layout c. Relationship to Nearby Land Uses d. Natural Heritage and Ecology e. Landscape f. Water Resources and Soils g. Air Quality h. Transport Implications i. Tourism and Economy j. Impact on Agriculture k. Archaeology and Cultural Heritage Page 175 of 180
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Additional Statements Which Will Be Required 25. Should an EIA Report not be required the following supporting documents will need to be submitted with any planning application: - Planning Statement - Design and Access Statement - Pre-Application Consultation (PAC) Report - Transport Assessment - Flood Risk and Drainage Assessment - Landscape and Visual Impact Assessment - Tree Survey including tree protection plan and details of compensatory planting - Habitat Survey including protected species survey and potential Ecological Impact Assessment - Archaeological Assessment - Noise Impact Assessment - Air Quality/Dust and Odour Impact Assessment - Construction Management Scheme Conclusion And Recommendation 26. This report summarises the key issues which should be considered as part of the appraisal of any subsequent planning application which may be lodged in respect of this development and members are recommended to note these key issues and advise officers of any other issues which they consider should be included as part of the application and assessment. Authors Name Designation Contact Details Kirsty Strong Planning Support Officer 01738 475300 developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader (Major Applications and Enforcement) 22 May 2025 Page 176 of 180
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Ü Proposed demolition, re-development and enlargement of poultry farm, associated infrastructure and works at Balado Bridge Poultry Farm, Balado 25/00005/PAN Scale 1:25,000 Planning and Placemaking Committee - 11 June 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 6(i) Page 177 of 180
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Ü Proposed demolition, re-development and enlargement of poultry farm, associated infrastructure and works at Balado Bridge Poultry Farm, Balado 25/00005/PAN Scale 1:10,000 Planning and Placemaking Committee - 11 June 2025© Crown copyright [and database rights] 2024 OS AC0000805756. You are permitted to use this data solely to enable you to respond to, or interact with, the organisation that provided you with the data. You are not permitted to copy, sub-licence, distribute or sell any of this data to third parties in any form. 6(i) Page 179 of 180
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