24/00716/Ecu36
Perth and Kinross Council · 3 December 2025
Back to Planning and Placemaking Committee — 3 December 2025 and its agenda
Text extracted from the council's PDF. Layout and reading order may differ from the original.
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Perth and Kinross Council Planning and Placemaking Committee – 3 December 2025 Report of Handling by Development Management and Building Standards Service Manager (Report No. 25/337) Proposal: The proposed Brunt Hill Wind Farm development comprises 13 turbines (of which 7 wind turbines have a ground to blade tip height up to 200 metres and 6 wind turbines have a ground to blade tip height up to 185m) and battery energy storage system (BESS) (up to 50MW) and associated infrastructure (as amended) (ECU00004654). Location: Land 2km North-west of Westfield Cottage, Carnbo, Kinross, KY13 0NT Ref. No: 24/00716/ECU36 Ward No: P8- Kinross-shire Summary Perth and Kinross Council has been consulted by the Scottish Government’s Energy Consents Unit (ECU) on the proposed Brunt Hill Wind Farm. The findings of this report recommends that the Council do not object to the proposal. Background and Description of Proposal 1. The purpose of the report is to make members aware of the relevant planning considerations relating to the proposed development. Following consideration of these matters the Council must advise the Scottish Government whether it objects to the application or not. 2. The site covers an area of 2328 hectares and is located approximately 5km north-west of Kinross and will be accessed from the A91 at Carnbo. 3. The proposed development comprises: • 13 x 7.2MW wind turbines; − 7 of which are proposed up to 200m tip (with 119m hub height) and − 6 of which are proposed up to 185m tip (with 104m hub height) • Battery storage with capacity of up to 50MW • 132kV Substation Compound
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• A site entrance from the A91 road, and approximately 20,175m network of on-site access tracks including turning heads • 4 temporary borrow pit search areas to provide suitable rock for access tracks, turbine bases and hardstandings • 4 temporary construction compounds • A meteorological mast 4. The proposal had initially been for a larger wind farm with 18 turbines and additional supporting infrastructure. Following feedback from consultees including NatureScot and HES, the scale of the proposal has been reduced and turbines relocated within the site to try to lessen the development’s impact. Craighead Wind Farm 5. The proposed Craighead Wind Farm is located immediately west of Brunt Hill and comprises eight turbines with a tip height up to 200m and associated accesses and infrastructure. On 7th November 2025, PKC was notified by the Scottish Government’s Planning and Environmental Appeals Division (DPEA) that the appeal had been allowed and planning permission had been granted for the development. Site History 6. 22/02148/CONSUL - (ECU ref: ECU00004654) on 28 February 2023, The Scottish Ministers, following consultation with PKC and other relevant bodies, adopted a scoping opinion setting out the scope of the matters to be considered within the EIA Report to be submitted alongside the application for a proposed Brunt Hill Wind Farm Development. Environmental Impact Assessment 7. The proposal is an EIA development and an EIA Report has been submitted. An assessment of the report’s findings and significant environmental effects is provided in the appraisal section below. Pre-Application Consultation 8. The proposed development is classed as a National Development within NPF4, as provided for in Section 3A of the Town and Country Planning (Scotland) Act 1997 (as amended). However, unlike other National Development proposals, applications made under Section 36 of The Electricity Act 1989 are not subject to mandatory pre-application consultation engagement requirements. 9. Nevertheless, in accordance with the procedures set out in the Scottish Government’s Energy Consents Unit: Good Practice Guidance for Applications under Section 36 and 37 of the Electricity Act 1989 (February 2022) a programme of pre-application community engagement has been undertaken by the applicant.
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10. Consultation activity included: • The creation of a project website (www.brunthillinfo.co.uk) and email address for enquiries about the proposal. The website contained details of the proposals and downloadable PDFs of the public exhibition panels and an online feedback form for members of the public to give their views on the proposal • A series of meetings with and presentations to representatives of community councils and community development trusts • Letter updates and/or individual meetings with local elected representatives for the Strathallan, Kinross-shire council wards (Perth & Kinross Council), and the MP and MSP representatives for the area • Two in-person public exhibitions held at community venues in Dunning and Milnathort. These exhibitions were advertised in the local newspaper (Perthshire Advertiser) and other local community news outlets such as the Kinross Community Newsletter. • Face-to-face meetings with several individuals and groups of householders • Presentation of visualisations and access arrangements including photomontages from a variety of viewpoints locations such as B938 (near Tonguey Folds), Cadgers Terrace footpath near Burnfoot, A977 near Balado, A977 Crook of Devon, B8062 west of Dunning, B934 near the A9 at Upper Cairnie, and Ben Cleuch. • Engagement with local people, organisations and local businesses will continue after submission. Development Plan 11. 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 12. 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. 13. 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
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• Policy 6: Forestry, Woodland and Trees • Policy 7: Historic Assets and Places • Policy 11: Energy • Policy 13: Sustainable Transport • Policy 22: Flood Risk and Water Management Perth and Kinross Local Development Plan 2019 14. 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. 15. The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 2: Design Statements • Policy 6: Settlement Boundaries • Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy • Policy 33D: Renewable and Low Carbon Energy: Spatial Framework for Wind 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 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 53D: Water Environment and Drainage: Reinstatement of Natural Watercourses • Policy 53E: Water Environment and Drainage: Water Supply • Policy 55: Nuisance from Artificial Light and Light Pollution • Policy 56: Noise Pollution • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals
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Statutory Supplementary Guidance 16. • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) Other Material Considerations PKC Non Statutory Guidance 17. • 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 18. The Scottish Government expresses its planning policies through Planning Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Those relevant are listed below. Planning Advice Notes 19. The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • Scottish Government Advice: Onshore wind turbines (May 2014) • Scottish Government Advice: Energy storage (December 2013) Consultations 20. As part of the planning application process the following bodies were consulted: 21. NatureScot: Do not object but advise that the proposed development would result in significant adverse non-localised effects on the Loch Leven basin, where the proposed development would become a dominant focal point in northward and north-westward looking views. Localised significant adverse effects are anticipated on the Ochil Hills where views from key summits and core paths would be notably affected, and on the panoramic views experienced from the Lomond Hills where the proposed development would be seen to encroach on the low-lying agricultural landscapes south of the Ochils. 22. Biodiversity: No objection. Conditions are recommended to secure a CEMP, including measures to mitigate impacts of lighting on nocturnal species, a revised
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Biodiversity Net Gain Plan/Habitat Management Plan, details of monitoring arrangements and details of an Ecological Clerk of Works (ECOW). 23. Development Contributions Officer: No Comments. 24. Environmental Health (Contaminated Land): No objection. 25. Environmental Health (Noise Odour): No objection. The proposed mitigation measures set out in the EIA for construction noise, such as temporary noise barriers, will require to be implemented in full. Therefore, a condition will be required for a Construction and Environmental Management Plan (CEMP) to be submitted. The CEMP will include a Dust Management Plan (DMP). 26. Mr Dick Bowdler (Noise): No objection. Conditions are recommended to ensure that noise from the operational turbines and the BESS can be controlled and construction noise, including times of operation, are controlled via the CEMP. 27. Structures and Flooding: No objection, subject to ongoing environmental monitoring via the CEMP. 28. Perth and Kinross Heritage Trust: No objection. It is recommended that a condition is imposed requiring that a programme of archaeological work is undertaken pre-construction phase and fully implemented thereafter. 29. Environmental Health (Private Water): No objection, subject to the submission of a Water Management Plan which should include full details of the sources, infrastructure, including treatment, and properties served by private water supplies arising within, or likely to be affected by the development. 30. Transportation and Development: No objection, subject to conditions on core path access, vehicle access and visibility splays, road widening details and the submission of a Construction Traffic Management Scheme (CTMS). 31. Community Greenspace: No Comments. Additional Statements Screening Opinion EIA required Environmental Impact Assessment (EIA): Environmental Report Submitted Appropriate Assessment under Habitats Regulations Any required Habitats Regulations Appraisal will be for the ECU Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment • PAC Report • Planning Supporting Statement • Design and Access Statement
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• Non-technical Summary • EIA Report covering the following: − Site Assessment − LVIA − Hydrology, Geology and Hydrogeology − Ecology − Ornithology − Cultural Heritage − Noise and Vibration − Access, Traffic and Transport − Socio-economics, Tourism, Recreation and Land Use − Forestry − Cumulative Assessment − Schedule of Mitigation Appraisal 32. 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. There is no primacy of the Development Plan for S.36 applications. However, the Council are required to consider the proposal in accordance with the provisions of the Development Plan, as a material consideration. 33. The Development Plan comprises National Planning Framework 4 (NPF4) and the Perth and Kinross Local Development Plan 2019 (LDP2). 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. 34. NPF4 identifies ‘Strategic Renewable Electricity Generation and Transmission Infrastructure’ as a National Development. The National Development explicitly supports renewable electricity generation, which generates above 50 megawatts capacity which is applicable in this case. The policy intent of NPF4 Policy 11: Energy is to ‘encourage, promote and facilitate all forms of renewable energy development onshore and offshore’…including energy generation and storage. Policy 11a also provides support for all forms of renewable, low carbon energy including: (i) wind farms, (iii) energy storage, and (vii) co-location. 35. Co-location of battery energy storage system with wind farm developments is supported in principle.
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36 NPF4 highlights the importance of enabling developments that contribute towards greenhouse gas emissions reduction targets and wider national commitments to tackle the climate crisis. The application is predicted to deliver total emissions savings of 136,733 tonnes of greenhouse gases per year and 4,785,638 tonnes over its 35-year operational lifetime. The proposal is anticipated to provide enough electricity to power the equivalent of 84,243 households per annum. 37. Schedule 9 of the Electricity Act 1989 requires licence holders to “have regard to the desirability of preserving natural beauty, of conserving flora, fauna and geological or physiographical features of special interest” and “shall do what he reasonably can to mitigate any effect”. Landscape 38. The provided Planning Statement sets out that s36 development is not required to accord with the Local Development Plan but that it is a material consideration. Local Development Plan policies have been referred to throughout including the supplementary guidance on Local Landscape Areas. Policy 39 Landscape is considered by the applicant to be addressed through the exploration of NPF4 Policy 11 and the EIA Report. It is accepted that Policy 39 in its general approach is largely overridden by Policy 11 but that the specific considerations in Policy 39 are relevant considerations that should be taken into account as expressions of impacts considered of most importance in the region. 39. National Planning Framework Policy 11(e) states that project design and mitigation needs to demonstrate how they address impacts on “significant landscape and visual impacts, recognising that such impacts are to be expected for some forms of renewable energy. Where impacts are localised and/or appropriate design mitigation has been applied, they will generally be considered to be acceptable” 40. The proposed development has been revised several times to address concerns and reduce its impact on landscape and other features. This includes lowering the height and number of turbines, and keyholing in forestry. The assessment of the resulting development has identified that the turbines will be noticeably larger than those currently present within the Ochils with moderate to major significant effects on: • Core paths within a 5km radius • Core paths in Ochils to the northeast • Landscape character of the Ochil Hills unit of the Lowland Hill Ranges LCT and the Loch Leven unit of the Lowland Basins LCT. • Residents at Balado, Cleish, and Kinnesswood • Some residents of Carnbo • Visitors to Loch Leven • The Lomond Hills Local Landscape Area • The Ochil Hills Local Landscape Area
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41. There are therefore significant effects in the immediate locality but also on wider assets including those of importance to a wider area. Significant impacts are not just limited to the local area but as far afield as Kinnesswood on the other side of Loch Leven. The applicant has cited decisions indicating that the significant effects here - up to a 12km radius – should be considered as being localised. It should be noted that the significant impact on the nature of the landscape here is to landscapes that have been identified through the Local Landscape Area process as being of significant value to the region of Perth and Kinross as a whole, and not just the immediate locality. Local Landscape Areas were identified following a thorough assessment process and public consultations following (as was) SNH and Historic Scotland guidance. These have been confirmed through Local Development Plan 2. The cumulative effect when combined with existing windfarms and compounded by the proposed Craighead windfarm will significantly alter the character of this landscape designation. The landscape designations add significant weight to whether the impacts are localised. 42. The proposed development would result in significant non-localised effects non- localised effects on the Loch Leven basin, where the proposed development would become a dominant focal point in north and north-westward views. There would also be localised significant effects on the Ochil Hills where views from key summits and core paths would be affected. There would also be impacts on the panoramic views experienced from the Lomond Hills where the proposed development would be seen to encroach on the lowlying agricultural landscapes south of the Ochils. 43. The applicant’s LVIA acknowledges that there will be some significant effects, particularly within localised views and from the east and south-east. It is acknowledged that wind farms by their nature will introduce visual impacts within the landscape that they are located. In this instance, with Craighead having now been granted planning permission it is pertinent to assume that it will be developed and become operational. The cumulative landscape and visual impacts of the two adjacent wind farms have been assessed as part of the LVIA. 44. In determining the Craighead Wind Farm application, the Reporter considered the potential cumulative effects with the operational developments and was found to be acceptable, whilst acknowledging it is the decision maker for Brunt Hill that will fully consider cumulative effects taking account of the Craighead approval. 45. Both the proposed development and Craighead have reduced in size since the EIA Report, with a slightly increased separation distance between each other, but still in close proximity. As illustrated on the cumulative Zone of Theoretical Visibilty submitted with the proposal, their extent of visibility would be very similar. Craighead is located just outside the forestry on Mellock Hill but otherwise would have a similar size of turbines (mix of 180m and 200m) and follows the landform in a similar way. As demonstrated in the visualisations, the two arrays would be seen together and often perceived as a larger single array.
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46. In terms of landscape character, Craighead and Brunt Hill will be located within same host LCT: 382 Lowland Hill Ranges. Assuming the presence of the operational baseline and Craighead, the addition of the Revised Proposed Development would be to extend the influence of wind energy within this part of the Ochils but not lead to a new occurrence. 47. The nature of significant effects between the Revised Brunt Hill and the consented Craighead would be similar, in that there would be a Significant effect on the Ochil Hills LLA, which the Reporter found to be acceptable for Craighead. There were also similar visual effects at the similar locations within Loch Leven and the communities surrounding it, including Kinross, Milnathort, Crook of Devon, Carnbo, Kinnesswood, Wester and Easter Balgedie, with significant visual effects occurring at a distance of up to around 12-13km in this area to the southeast. Significant landscape effects would be more contained than the visual effects, and largely limited to 5-6km, which is consistent with both developments. 48. LDP2 Policy 39 g) advises that development proposals need to demonstrate that they will conserve the experience of the night sky. A number of measures have been included to reduce the nighttime impact of lighting including reduction of lights to six – visible from Balado, Cleish and Kinnesswood/Balgedie - and reducing the intensity of lighting during periods of clear weather; and design mitigation to reduce the intensity of lighting for Carnbo, Crook of Devon, Powmill, Balado and parts of Kinross and Milnathort. NPF4 Policy 11 takes precedence over LDP2 where there is conflict, and overrides LDP2 policy 39 where it conflicts. However policy 39 provides an expression of local priorities. LDP2 Policy 39 demonstrates that the night sky in these areas are important to people locally. While these will be single steady lights on each of the selected nacelles the effect of the turning turbines will still create a blinking effect when operational. 49. In addition, there will be four nacelle lights included on Craighead. In that instance the Reporter found that whilst the night-time effects as a result of the lighting was found to be adverse, they found it would not be a pivotal consideration. This is consistent with the revised Brunt Hill night-time assessment which found that the impact would be Not Significant, due to the extent of mitigation incorporated. 50. Whilst a large scale wind energy scheme would be expected to result in significant visual impacts, it is acknowledged that significant effects does not automatically translate to unacceptable effects. 51. The Scottish Government gives considerable commitment to renewable energy and encourages planning authorities to support the development of wind farms where they can operate successfully and are situated in appropriate locations. The project has potential to contribute to addressing the climate emergency through additional renewable energy generation. In this regard it is anticipated to contribute an additional 143MW of installed capacity and would make a meaningful contribution toward addressing climate change on the road to net zero. As with all applications, a balancing exercise must be undertaken. The
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benefits of the proposal must be weighed against potential drawbacks and then considered in the round, taking account of the relevant policies of the Development Plan, which includes NPF4, as well as all other material planning considerations. In this instance, it is recommended that impacts of the proposal, although significant in some aspects, are broadly acceptable. Residential Amenity 52. NPF4 Policy 11: Energy and LDP2 Policies 33: Renewable and Low-Carbon Energy, 55: Nuisance from Artificial Light and Light Pollution and 56: Noise Pollution are relevant. 53. PKC has engaged an external specialist noise consultant to review the noise and vibration assessment contained in the EIAR. The selected noise sensitive receptors included in the assessment represent the habitable properties surrounding the site that are predicted to experience the highest operational phase noise levels. 54. Technical guidance for the assessment of noise emissions from onshore wind turbines, known as ETSU-R-97, provides comprehensive advice to local authorities across the UK for appraising planning applications for onshore wind developments. The propagation methodology described in the EIAR are appropriate and the resulting turbine noise levels are correct in accordance with good practice. 55. The assessment also considered the cumulative noise levels for Brunt Hill with the adjacent Craighead Wind Farm. The turbine noise levels cumulatively from both wind farms was shown to meet the ETSU-R-97 simplified limit of 35dB. 56. The assessment concludes that the noise levels can meet the ETSU-R-97 noise limits, and an appropriate condition can ensure that residential amenity can be protected. 57. The BESS and other equipment are not close to properties and the level is calculated in the AI at 29dBA at the most affected property. The quality of noise information for this type of equipment is variable and a condition is recommended to control noise of BESS and other ancillary plant. Roads and Access 58. Policy 13 (Sustainable Transport) of NPF4 focuses on sustainable travel and ensures development is sited appropriately. LDP2 Policy 60 (Transport Standards and Accessibility Requirements) requires that local road networks be capable of absorbing traffic generated by development and that satisfactory access is provided.
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59. Three access routes to the site are proposed for construction traffic: • From the south using M90 Junction 6 (Kinross), onto the A977 to B918 before turning right onto the U234, then turning left of the A91, then using the new track before the Carnbo Hall which connects and crosses the U219 • From the north using M90 Junction 7 (Hilton), onto the A91 before then using the new track before the Carnbo Hall which connects and crosses the U219 • From the west using the A91 and turning left after the Carnbo Hall using the new track which connects and crosses the U219 60. An assessment of the routes to the site, with the collection of Automatic Traffic Counter data and using Transport Scotland National Traffic Datra System has been undertaken. Automatic Traffic Counter data was collected at three locations, namely the A977, B918 and A91. The results show that on the A977, that there are approximately 6,700 vehicles daily. The B918 carries the lowest number of vehicles with approximately 1,000 vehicles daily. The A91 carried around 2,500 vehicles on a daily basis. The M90 carries between 30,000 and 33,000 vehicles daily. 61. The applicant has undertaken an assessment to determine the impact of the development on the local road network showing the anticipated increase in Total Vehicle and HGVs. The applicant has determined that the peak demand for the development will be during Month 6, where during this period there will 136 two- way trips forecast to be arriving on site per working day, equating to 11 two-way HGV trips per hour assuming a 6-day working week over a 12-hour period. Staff movements are anticipated to be 30 arrivals and 30 departures per day. 62. These figures have then been used to determine the anticipated increase in vehicle numbers and HGVs. On the A977, it is anticipated that there will be an overall increase in traffic movements of 3%, with HGV movements increasing by 11%. The A91 is anticipated to experience an increase in traffic movements of 8% as a result of the development, with HGV movements increasing by 48%. The B918 which carried the least amount of background traffic is anticipated to increase by 20%, with HGV movements increasing by 103% as a result of the development. 63. Insofar as roads matters are concerned, there are no objections to the proposal subject to conditions on core path access, vehicle access and visibility splays, road widening details and the submission of a CTMS. Drainage and Flooding 64. Policy 22 (Flood Risk and Water Management) 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. In addition, Policy 53 (Water Environment and Drainage) of LDP2 sets out that development
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proposals at any location and of any scale should protect and where practical improve the water environment. 65. The proposal has undergone a Flood Risk Assessment, identifying potential sources of flooding, including fluvial, surface water, and groundwater. Notably stating a risk along smaller watercourses, although flooding remains largely confined to channels. 66. PKC Flooding and Structures has advised that they have no objections and advise that the following mitigation measures should be followed: maintaining 50–100m buffers from watercourses, implementing a Drainage Strategy, sediment control features such as silt fencing and settlement lagoons, and weather-responsive construction scheduling. 67. Chapter 8 of the Additional Information Report confirms that, with best practice construction methods, a site-specific CEMP and ongoing environmental monitoring, the development is not expected to result in significant adverse effects on surface water flood risk, hydrology, hydrogeology, peat, or geological receptors. Soils and Peat 68. In terms of NPF4 Policy 5, the site includes areas of localised peat deposits, as confirmed through site surveys/peat probing. Policy 5cii supports the development of renewable energy generation proposals on peatland, carbon rich soils and priority peatland habitats, with further information required as per Policy 5d. The development has been designed and sited to minimise the impact on surveyed localised peat deposits, including using existing tracks (to be upgraded) as well as utilising floating tracks on areas identified as peaty soils or peat. 69. Applicants are required to calculate potential carbon losses and savings from wind farms on Scottish peatlands as set out the ECU’s online good practice guidance for applications under Section 36 and 37 of the Electricity Act 1989. 70. The applicant has predicted that greenhouse gas emissions are predicted to be offset 1.3 years (16 months) after the proposed development becomes operational against a fossil fuel mix of electricity, and 2.6 years (31 months) against a grid-mix of electricity. The proposal is predicted to deliver total emissions savings of 4,785,638 tCO2e over its 35-year operational lifetime against a fossil fuel mix of electricity. Conservation Considerations 71. NPF4 Policy 7 (Historic Assets and Places) and LDP2 Policies 26 (Scheduled Monuments and Archaeology) and 27 (Listed Buildings) are relevant to the development. A Cultural Heritage Assessment (CHA) has been submitted in support of the development as part of the EIAR.
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72. The assessment considers the direct and indirect effects of the proposed wind farm on heritage assets, including an assessment on the setting of designated sites within the vicinity of the wind farm. Perth and Kinross Heritage Trust (PKHT) has been consulted on the proposal and advised that they are in broad agreement with the mitigation measures proposed for undesignated assets as outlined in the CHA. 73. It is recommended that a Written Scheme of Investigation be submitted which will outline in full the archaeological mitigation across the development site. PKHT has offered the following comments to inform the WSI: • In section 11.8.2 note the requirement for curator/PKHT agreement in advance of any changes to an agreed WSI with regards to micro siting and methodology. • MPK6344 should be provided with an adequate buffer (20m or more) to ensure adequate protection. Works adjacent to this will require archaeological monitoring. • MPK15377 -farmstead. This site should be simply demarcated for foresters in advance of felling to ensure no damage during tree felling works. I am happy with the proposal of fencing off requirement during construction fence, again with appropriate buffer. • Agree with 11.8.5 for requirements for areas to be archaeological monitored to be agreed in advance under WSI condition. • Given the location of the site and the generally poor record of upland archaeology (less development/ agricultural disturbance alongside survey) the WSI should consider monitoring areas where perhaps little is known of the area but landscape wise the site lends itself to potential occupation. These discussions can be part of the finer details when agreeing the WSI. 74. Therefore, it is recommended that a programme of archaeological work for a Written Scheme to appropriate address pre-construction works (fencing/buffers), construction phase monitoring alongside an outline of recording and safeguarding any unknown archaeology identified during the course of the development. 75. While it is for the ECU to balance the conclusions and responses from the various consultees to the proposed development, it is worth noting that HES initially objected to the proposal due to it having a significant adverse impact on Kinross House and its designed landscape. Following the revision to the layout and design of the wind farm, HES have considered that while the development would have an impact on Kinross House and its designed landscape, the impact has been reduced to a level where they have removed their objection. Natural Heritage and Biodiversity 76. Policy 3 (Biodiversity) of NPF4 and Policy 41 (Biodiversity) of LDP2 are applicable to the proposal. In addition, NPF4 Policy 6 (Forestry, Woodland and
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Trees) and LDP2 Policies 40A (Forest and Woodland Strategy) and 40B (Trees, Woodland and Development). 77. Chapter 9 of the EIAR refers to Ecology and Chapter 15 relates to Forestry and Other Environmental Issues. PKC’s Tree and Biodiversity Officer has made the following comments in respect of the EIAR: • The submitted information on badgers is not clear as distances of the badger setts in relation to the turbines is only provided for three subsidiary setts. No distances are provided for the main sett nor two outlier setts. • Distances of trees with bat roost potential are only provided from turbines, not the access track. • The proposed mitigation in section 9.8 is reasonable. The BCT Bat Lighting Guidelines should be incorporated into the CEMP. 78. The required forestry removal includes 63.30ha for infrastructure 175.77ha for management felling. Compensatory planting is proposed but the location of the site for compensatory planting has not yet been identified. 79. The EIAR states that 5% mixed broadleaf would be proposed as part of the compensatory planting which provides little for biodiversity and is not in accordance with the themes and opportunities in the PKC Forest and Woodland Strategy Supplementary Guidance - Forest & Woodland Strategy - Perth & Kinross Council. Planting non-native conifers is also creating a future non-native seed source for unwanted regeneration across the site. 80. PKC are a consultee to Scottish Forestry for Long Term Forest Plans and would provide the following comments if the submitted was proposed: • More native species should be incorporated to provide a more diverse species mix that will be more resilient in a changing climate. • Deer control is a more sustainable and long-term approach to deer population management than fencing and is encouraged. 81. Habitat surveys undertaken concluded that the habitats present on site remain dominated by conifer plantation, with broadleaved woodland present in isolated patches throughout the site. Multiple minor watercourses cross the site. As the site transitions into an upland environment, heathland becomes a more prevalent habitat type, whilst in the lowland areas of the Site modified and acid grassland are more common habitats. 82. Surveys of fauna concluded that the site supports populations of red squirrel, badger, otter, pine marten, herpetofauna, and bats, with the populations recorded ranging from Less than Local to Regional importance. The design of the revised proposed development and embedded mitigation measures have focused on avoiding important habitat for these species, minimising potential for injury, killing, disturbance, and displacement of individuals. Mitigation measures include the completion of pre-construction surveys for red squirrel, badger, otter, pine
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marten, and bats to determine whether further measures would be required to avoiding disturbing these species. 83. Cumulative effects of the proposal in combination with other wind farm developments has concluded that there will be no cumulative impacts on ecology receptors. 84. Overall, should the application be approved it is recommended that conditions are imposed to secure: locations and revised details of the compensatory planting to ensure an appropriate proportion of mixed broadleaf trees to contribute towards biodiversity, a CEMP - including measures to mitigate impacts of lighting on nocturnal species, a revised Biodiversity Net Gain Plan/Habitat Management Plan, details of monitoring arrangements and details of the ECOW. Economic Impact 85. NPF4 Policy 11(c) advises that development proposals will only be supported where they maximise net economic impact, including local and community socio- economic benefits such as employment, associated business and supply chain opportunities. 86. A Socio-Economic Appraisal has been submitted in support of the proposal. The Appraisal predicts the following socio-economic beneficial impacts: • Construction Phase: − £21.6 million gross value added (GVA) and 298.6 job years within Scotland; of which − £10.7 million GVA and 143.7 job years within Perth and Kinross. • Operational Phase: − £112.9 million GVA and 1665.9 job years within Scotland (directly and indirectly supporting approximately 47.6 jobs annually); of which − £80.5 million GVA and 1121.9 job years within Perth and Kinross (directly and indirectly supporting approximately 32.1 jobs). • Community Funding: − £5,000 per MW per annum for community benefit funds totalling £468,000 per annum, equivalent to £16.4 million over the Revised Proposed Development’s 35-year operational lifetime; − £547,965 per annum for non-domestic rates, equivalent to £19.2 million over the Revised Proposed Development’s 35-year operational lifetime. 87. The predicted local net economic and employment effects outlined above are based on industry standard assumptions of the percentage of each contract that could be met within each study area based on previous case studies.
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Planning Obligations and Legal Agreements 88. A bond or other form of financial guarantee will be required for site decommissioning, restoration and aftercare. Further details are outlined in Conditions 27 – 29. Conclusion and Reasons for Recommendation 89. The Scottish Government gives considerable commitment to renewable energy and encourages planning authorities to support the development of wind farms where they can operate successfully and are situated in appropriate locations. The project has potential to contribute to addressing the climate emergency through additional renewable energy generation. In this regard it is anticipated to contribute an additional 143MW of installed capacity and would make a meaningful contribution toward addressing climate change on the road to net zero. As with all applications, a balancing exercise must be undertaken. The benefits of the proposal must be weighed against potential drawbacks and then considered in the round, taking account of the relevant policies of the Development Plan, which includes NPF4, as well as all other material planning considerations. In this instance, it is recommended that impacts of the proposal, although significant in some aspects, are broadly acceptable. It is therefore recommended that no objection is made to the proposal. Recommendation No objection subject to the following conditions: Conditions and Reasons for Recommendation Commencement of Development 1. The Development must be commenced no later than 3 years from the date of this planning permission. Written confirmation of the intended date of Commencement of Development shall be provided to the Planning Authority no later than one calendar month before that date. Reason - Section 58 of the Town and Country Planning (Scotland) Act 1997 requires a condition to be attached to permissions limiting their duration. Three years is the default period set by law and there is no material reason indicating that a different period should be set. Design of Wind Turbines 2. No turbines shall be erected until details and specification of the proposed wind turbines (including the size, make and model, power rating and sound power levels, nameplate generating capacity, type, external finish and colour) and all
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turbine associated apparatus have been submitted to and approved in writing by the Planning Authority. The submission shall demonstrate that all wind turbine blades shall rotate in the same direction. Thereafter the wind turbines and all associated apparatus shall be constructed and operated in accordance with the details approved under part (1) and shall be maintained in the free from external rust, staining or discolouration, until such time as the Development is decommissioned. Reason - To ensure that the environmental impacts of the turbines forming part of the Development conform to the impacts assessed in the EIA Report and in the interests of the visual amenity of the area. Design of Sub-station and ancillary development 3. There shall be no Commencement of Development of the sub-station until final details of its location, layout, external appearance, dimensions, and surface materials, and control room buildings, any above ground electrical equipment, associated compounds, construction compound, boundary fencing, external lighting and parking areas have been submitted to, and approved in writing by, the Planning Authority. Thereafter, the substation and control room buildings, any above ground electrical equipment, associated compounds, fencing, external lighting and parking areas shall be constructed in accordance with the details approved under part (1). Reason - To ensure that the environmental impacts of the sub-station and ancillary development forming part of the Development conform to the impacts assessed in the EIA Report and in the interests of the visual amenity of the area. Design of Energy Storage Facility 4. There shall be no Commencement of Development on the energy storage facility until details of the location, layout, external finishes and appearance, dimensions and surface materials of the energy storage facility, inclusive of battery containers, substation(s), control buildings, external above ground electrical equipment, associated compounds, construction compound, boundary fencing and other enclosures, external lighting, security cameras and parking areas have been submitted to, and approved in writing by, the Planning Authority. For the avoidance of doubt the details of the energy storage facility shall not exceed the parameters assessed in the EIA Report. Thereafter, the battery energy storage facility shall be constructed in accordance with the details approved under part (1) and the infrastructure shall be
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maintained in the approved colour, free from rust, staining or discolouration until such time as the Development is decommissioned. Reason - To ensure that the environmental impacts of the energy storage facility forming part of the Development conform to the impacts assessed in the EIA Report and in the interests of the visual amenity of the area. Signage 5. No part of the Development shall display any text, logo, sign or advertisement (other than health and safety signage as required by law) or be illuminated (with the exception of aviation safety lighting). Reason - In the interests of health and safety on site and the visual amenity of the area. Micro-siting 6. All wind turbines, buildings, areas of hardstanding, associated infrastructure and tracks shall be constructed in the locations shown on plan reference Volume 3a, Figure 3.1 Revised Proposed Development read in conjunction with Volume 2, Chapter 3 - Description of Proposed Development of the Additional Information Report. The locations of wind turbines, buildings, areas of hardstanding and tracks may be adjusted by micro-siting within the redline boundary shown on plan reference Figure 3.1 Revised Proposed Development of the Additional Information Report. Any such micro-siting is subject to the following restrictions unless otherwise approved in advance in writing by the Planning Authority: (a) no wind turbine, building, hardstanding or access track shall be moved more than 50m from the position shown on Figure 3.1 Revised Proposed Development of the Additional Information Report and at the grid references set out in Volume 2, Chapter 3 of the AI Report; (b) No micro-siting shall take place with the result that infrastructure (excluding floating tracks or hardstanding) has a greater overall impact on peat than the original location; (c) no infrastructure other than as required for a water course crossing or water crossing upgrading works shall be microsited to within 50 metres of a water course; (d) No wind turbine foundation shall be positioned higher than 5m Above Ordnance Datum (AOD) than the position for that turbine shown at the grid references set out in Volume 2, Chapter 3 of the AI Report. (e) no micro-siting shall take place which will bring the wind turbine blade tips closer than 50m stand-off distance to high-value bat habitat. All micro-siting permissible under this condition shall be submitted to, and approved in writing by, the Environmental Clerk of Works (ECoW) in advance of any works or development associated with the micrositing request being implemented.
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No later than three months after the Date of Final Commissioning, an updated site layout plan showing the final position of all wind turbines, buildings, areas of hardstanding, tracks and associated infrastructure forming part of the Development shall be submitted to the Planning Authority. The plan shall also specify areas where micrositing has taken place and, for each instance, be accompanied by copies of the ECoW or Planning Authority’s approval, as applicable. Reason - to control environmental impacts while taking account of local ground conditions. Planning Monitoring Officer 7. There shall be no Commencement of Development until the terms of appointment by the developer of an independent and suitably qualified consultant as Planning Monitoring Officer (PMO) have been submitted to, and approved in writing by, the Planning Authority. The terms of appointment shall: (a) impose a duty to monitor compliance with the terms of the planning permission and the conditions attached to it; (b) require the PMO to submit a monthly report to the Planning Authority summarising works undertaken on site, matters of compliance or otherwise with the terms of the planning permission and conditions attached to it, alongside a summary of the incidents recorded and reported by the ECoW; and (c) require the PMO to report to the Planning Authority any incidences of non- compliance with the terms and conditions of the planning permission at the earliest practical opportunity, and no later than 10 working days following the incidence of non-compliance. The PMO shall be appointed on the approved terms throughout the period from Commencement of Development to completion of construction works and post- construction site reinstatement works. Prior to the decommissioning, restoration and aftercare phases of the Development or the expiration of the operational period of the planning permission (whichever is the earlier), details of the terms of appointment of a suitably qualified consultant as PMO by the Company/operator throughout the decommissioning, restoration and aftercare phases of the Development shall be submitted to, and approved in writing by the Planning Authority. The PMO shall be appointed on the terms approved under part (3) throughout the decommissioning, restoration and aftercare phases of the Development. Reason - To ensure compliance with the planning permission and the conditions attached to it.
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Environmental Clerk of Works 8. There shall be no Commencement of Development until the terms of appointment of an independent Environmental Clerk of Works (ECoW) have been submitted to, and approved in writing by, the Planning Authority. The terms of appointment shall: (a) impose a duty to monitor compliance with the environmental commitments provided in the EIA Report, including any micrositing under condition 5, the Construction and Environmental Management Plan approved under condition 9, the Biodiversity Enhancement Plan approved under condition 15, the Habitat Management and Monitoring Plan under Condition 16 and any species or habitat management plans identified in the EIA Report, (“the ECoW works”); (b) require the ECoW to report to the nominated construction project manager, developer and Planning Authority 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 construction project manager, developer and Planning Authority summarising works undertaken on site. Prior to the decommissioning, restoration and aftercare phases of the Development or the expiration of the operational period of the planning permission (whichever is the earlier), details of the terms of appointment of a suitably qualified, experienced, and independent ECoW by the Company throughout the decommissioning, restoration and aftercare phases of the Development shall be submitted to, and approved in writing by the Planning Authority. the ECoW shall be appointed on the terms approved under part (2) throughout the decommissioning, restoration and aftercare phases of the Development. Reason - To secure effective and transparent monitoring of and compliance with the environmental mitigation and management measures associated with the Development during the construction, decommissioning, restoration and aftercare phases. Construction and Environmental Management Plan 9. There shall be no Commencement of Development until a Construction and 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 Planning Authority. The CEMP shall be informed by the site and ground investigation works and best practice guidance.
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The CEMP shall include: (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 adherence 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 concrete batching plant (including disposal of pH-rich waste water and substances), any areas of hardstanding, turning areas, internal access tracks, car parking, material 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) 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; (e) a Pollution Prevention and Incident Plan incorporating a Pollution Prevention Plan, Pollution Incident Plan and a Pollution Control Monitoring Plan, with 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; (f) details of soil storage and management including outline quantities, locations (other than peat and other carbon rich soils) management of long term storage of construction generated to facilitate future site restoration; (g) 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; (h) 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; (i) 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; (j) Protected Species Plan, informed by any protected species surveys carried out. The Plan shall provide mitigation measures in line with Summary of Mitigation, as required, and a timetable for implementation. (k) details of the construction of the access into the site, including associated drainage and the creation and maintenance of associated visibility splays; (l) Construction Method Statements for the following: i. crane pads; ii. turbine foundations; iii. working cable trenches; iv. erection of the wind turbines; v. Substation compound formation, erection of associated buildings and ancillary infrastructure; vi. all roads/tracks to be altered/formed within the
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site including their width, means of drainage (which shall have regard to SUDS principles), means of construction, and edge reinstatement including verge width. vii. watercourse crossings including full details and plans of the design and specification of all new and upgraded watercourse crossings to be constructed; (m) details of post-construction restoration/reinstatement of the working areas not required during the operation of the Development; (n) a tree felling and management plan; (o) 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, 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; (p) Construction Method Statements for all roads/tracks to be altered/formed within the development site 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 scale sufficient; (q) the cable trenches; (r) A phasing plan for the construction works; and (s) A written scheme which details the methodology for dealing with any revisions to any of the documents required under this part (2). 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. 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 Borrow Pits – Scheme of Works 10. There shall be no Commencement of Development until a scheme for the working and restoration of each borrow pit forming part of the Development has been submitted to, and approved in writing by, the Planning Authority. The scheme shall provide: (a) a detailed working method statement based on site survey information and ground investigations; (b) details of the handling of any overburden (including peat, soil and rock);
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(c) drainage measures, including measures to protect and manage surrounding areas of peatland, water dependant sensitive habitats and ground water dependent terrestrial ecosystems from drying out; (d) a programme of implementation of the works described in the scheme; and (e) Outline details of the reinstatement, restoration and aftercare of the borrow pit(s) to be undertaken at the end of the construction period, including topographic surveys of pre-construction profiles and details of topographical surveys to be undertaken of the restored borrow pit profiles. The scheme approved under part (1) shall thereafter be implemented in full following Commencement of Development. Reason - To ensure that excavation of materials from the borrow pit(s) is carried out in a manner that minimises the impact on amenity and the environment, and to secure the restoration of borrow pit(s) at the end of the construction period. Borrow Pits – Blasting 11. No blasting shall take place until a scheme specifying blast monitoring locations is submitted to and approved in writing by the Planning Authority. Ground vibration from blasting shall not exceed a peak particle velocity of 6mm/second at the blasting monitoring locations approved in the scheme. The measurement is to be the maximum of three mutually perpendicular directions taken at the ground surface. Unless otherwise approved in writing in advance by the Planning Authority, blasting shall only take place between the hours of 10.00 to 16.00 on Monday to Friday inclusive and 10.00 to 12.00 on Saturdays, with no blasting taking place on a Sunday or on a Public Holiday. The scheme shall be implemented as approved. Reason - To ensure that blasting activity is carried out within defined parameters and timescales to control impact on amenity. Construction Hours 12. Construction work shall only take place between the hours of 07.00 to 18.00 on Monday to Friday inclusive and 07.00 to 13.00 on Saturdays, with no construction work taking place on a Sunday or Public Holiday. Outwith these specified hours, maintenance works, emergency works and construction works shall be limited to concrete pours, wind turbine erection, dust suppression, and the testing of plant and equipment, unless otherwise approved in advance in writing by the Planning Authority. HGV movements (excluding abnormal loads) to or from the site during construction of the wind farm shall be limited to 07.00 to 18.00 Monday to Friday
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(inclusive), and 07.00 to 13.00 on Saturdays, with no HGV movements to or from site taking place on a Sunday or Public Holiday. Outwith these hours, and subject to paragraph (1), HGV movements are to be limited to wind turbine delivery (unless otherwise approved in advance in writing by the Planning Authority). Reason - In the interests of local amenity. Traffic Management Plan 13. There shall be no Commencement of Development until a Construction Traffic Management Plan (CTMP) has been submitted to, and approved in writing by, the Planning Authority. The CTMP shall provide: (a) the routeing of all traffic associated with the Development on public roads; (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) provision for the submission and agreement of a roads condition survey pre- and post-construction, to ensure the delivery of any post-construction public road restoration that may be required; and (f) identification of a nominated person to whom any road safety issues can be referred. The approved CTMP shall thereafter be implemented in full, unless otherwise approved in advance in writing by the Planning Authority. Reason - In the interests of road safety. Abnormal Loads 14. There shall be no abnormal load deliveries to the site until an Abnormal Load Route Assessment Report has been submitted to and approved in writing by the Planning Authority. The Abnormal Load Route Assessment Report shall provide: (a) Details of a communications strategy to inform the relevant communities of the programme of abnormal load deliveries; (b) Details of any accommodation measures required for the local road network including the removal of street furniture, junction widening, visibility splays and traffic management; (c) Any additional signing or temporary traffic control measures deemed necessary on the trunk road network due to the size or length of any loads being transported must be undertaken by a recognised QA traffic management consultant; (d) Details of the route for abnormal loads on the local and trunk road networks and any recommendations for delivery of abnormal loads;
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(e) An assessment of the capacity of any bridge crossings on the route to cater for abnormal loads, and details of proposed upgrades and mitigation measures required for any bridge crossings; and (f) A plan for access by vehicles carrying abnormal loads, including but not limited to the number and timing of deliveries and the length, width and axle configuration of all such traffic associated with the Development. Prior to the first delivery of an abnormal load, a programme for abnormal load deliveries shall be submitted to, and be approved in writing by, the Planning Authority. Prior to any movement of abnormal loads (including trial runs) the Company must complete any mitigation works set out in in the scheme approved under part (1) of this condition, and maintain such measures during the period of abnormal load deliveries. The trial-run shall be undertaken in accordance with the details approved under part (1) prior to the movement of any abnormal loads. The details in the approved report shall thereafter be implemented in full prior to the first delivery of an abnormal load. Reason - In the interest of road safety and to ensure that abnormal loads access the site in a safe manner. Vehicular Access 15. No development in connection with the permission hereby granted shall commence unless the vehicular access has been provided and surfaced in accordance with Perth & Kinross Council's Road Development Guide Type E Figure 5.8 access detail, of Type B Road construction detail. The Type B Road construction detail shall continue into the entrance for a distance of 10.5 metres. Once provided, the vehicular and pedestrian access shall thereafter be permanently retained as such. Reason - In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. Biodiversity Enhancement Plan 16. There shall be no Commencement of Development until a Biodiversity Enhancement Plan (BEP) taking account of the Outline BEP (Technical Appendix 9.4 of the EIA Report), has been submitted to, and approved in writing by, the Planning Authority. The BEP shall set out proposed habitat management of the site during the period of construction, operation, and decommissioning, restoration and aftercare, and
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shall provide for the maintenance and enhancement of the habitats set out in the Outline BEP on site. The BEP shall provide provision and details for regular monitoring and review to be undertaken against the BEP objectives for the full lifetime of the windfarm, and reasonable measures for securing amendments or additions to the BEP in the event that the BEP objectives are not being met. The approved BEP (as amended from time to time with written approval of the Planning Authority) shall be implemented in full in line with the timescales set out in the approved plan. Reason - In the interests of good land management and the protection of habitats. Habitat Management and Monitoring Plan 17. There shall be no Commencement of Development until a Habitat Management Plan (HMP) taking account of the Outline/Draft Habitat Management Plan (Technical Appendix 9.8 of the EIA Report), has been submitted to, and approved in writing by the Planning Authority The HMP shall set out proposed habitat management of the site during the period of construction, operation, and decommissioning, restoration and aftercare, and shall provide for the maintenance, monitoring and reporting of habitat on site. The HMP shall provide provision and details for regular monitoring and review to be undertaken against the HMP objectives and reasonable measures for securing amendments or additions to the HMP in the event that the HMP objectives are not being met. Until otherwise approved in advance in writing by the Planning Authority, the approved HMP (as amended from time to time with written approval of the Planning Authority) shall be implemented in full in line with the timescales set out in the approved plan. Reason - In the interests of good land management and the protection of habitats. Compensatory Planting 18. No felling or development shall commence, including site and ground investigations until a woodland planting scheme to compensate for the removal of 63.3 hectares of existing woodland (“the Replanting Scheme”) has been submitted to and approved in writing by the Planning Authority.
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The Replanting Scheme shall provide: (a) details of the location of the area(s) to be planted, including a map and description of current land use; (b) the nature, design/layout, species composition, purpose and specification of the proposed woodland to be planted; (c) the phasing and associated timescales for implementing the Replanting Scheme; (d) proposals for reporting to the Planning Authority on compliance with timescales for obtaining the necessary consents and thereafter implementation of the Replanting Scheme; (e) proposals for the maintenance and establishment of the woodland to be planted, including annual checks, replacement planting, fencing, ground preparation and drainage; and (f) details evidencing compliance with The UK Forestry Standard and the Scottish Government’s Policy on Control of Woodland Removal (as amended or replaced from time to time). The Replanting Scheme approved under part (1) of this condition shall be implemented in full, unless otherwise agreed in writing by the Scottish Ministers in consultation with the Planning Authority. Reason - To secure replanting to mitigate against effects of deforestation arising from the Development. Programme of Archaeological Works 19. 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 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 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 the protection or recording of archaeological features on the site.
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Peat and Carbon Rich Soils Management Plan 20. There shall be no Commencement of Development until a detailed Peat and Carbon Rich Soils Management Plan (PMP) has been submitted to and approved in writing by the Planning Authority in consultation with SEPA. The PMP shall: (a) take account of site and ground investigations to minimise the loss of peat and other carbon rich soil and minimise carbon loss; (b) include actions, including micrositing, to minimise excavated peat and other carbon rich soils volumes; (c) encourage use of excavated peat and other carbon rich soils in an appropriate manner; and (d) follow good practice for handling, storing and reinstating peat and other carbon rich soils. The PMP shall thereafter be implemented as approved. Reason - To ensure that disruption to peat is minimised. Operational Noise (Turbines) 21. The rating level of noise imissions from the combined effects of the wind turbines forming part of the Development (including the application of any tonal penalty) when determined in accordance with the attached Guidance Notes for this condition, shall not exceed the values for the relevant integer wind speed set out in, or derived from, Table 1 at those properties identified or any dwelling which is lawfully existing or has planning permission at the date of this submission. Amplitude modulation should also be considered and Modifications to the AM penalty should be made taking into account “Wind Turbine Noise Amplitude Modulation Penalty Considerations” – Proceedings of the Institute of Acoustics Vol. 40. Pt. 1. 2018 and “Subjective responses to wind turbine noise amplitude modulation: pooled analysis of laboratory listening studies and synthesis of an AM character rating penalty”. Lotinga and Lewis. Proceedings of ninth international conference on wind turbine noise, 2021. NSR Name Standardised 10m wind speed (m/s) 4 5 6 7 8 9 10 11 12 1 Broadheadfold 27.3 30.9 34.2 34.2 34.2 34.2 34.2 34.2 34.2 2 Greenhill Cottage 28.1 31.7 35.0 35.0 35.0 35.0 35.0 35.0 35.0 3 Greenhill Farm 28.4 32.0 35.3 35.3 35.3 35.3 35.3 35.3 35.3 4 Littlerig 25.6 29.2 32.5 32.5 32.5 32.5 32.5 32.5 32.5 5 Earnieside Cottage 21.8 25.4 28.7 28.7 28.7 28.7 28.7 28.7 28.7 6 Earnieside Farmhouse 21.8 25.4 28.7 28.7 28.7 28.7 28.7 28.7 28.7 7 Braughty Farm 23.1 26.7 30.0 30.0 30.0 30.0 30.0 30.0 30.0
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NSR Name Standardised 10m wind speed (m/s) 4 5 6 7 8 9 10 11 12 8 Craighead Farm 24.1 27.7 31.0 31.0 31.0 31.0 31.0 31.0 31.0 9 Craighead Bungalow 23.9 27.5 30.8 30.8 30.8 30.8 30.8 30.8 30.8 10 Golland Farm (FI) 24.8 28.4 31.7 31.7 31.7 31.7 31.7 31.7 31.7 11 Ledlation House 27.2 30.8 34.1 34.1 34.1 34.1 34.1 34.1 34.1 12 Ledlation Farm 25.9 29.5 32.8 32.8 32.8 32.8 32.8 32.8 32.8 13 Stronachie Cottage 24.8 28.4 31.7 31.7 31.7 31.7 31.7 31.7 31.7 14 Stronachie Lodge 24.9 28.5 31.8 31.8 31.8 31.8 31.8 31.8 31.8 15 Kalevala 24.9 28.5 31.8 31.8 31.8 31.8 31.8 31.8 31.8 16 Stronachie House 24.8 28.4 31.7 31.7 31.7 31.7 31.7 31.7 31.7 17 Middlerigg 25.2 28.8 32.1 32.1 32.1 32.1 32.1 32.1 32.1 18 Knowehead 30.2 33.8 37.1 37.1 37.1 37.1 37.1 37.1 37.1 Table 1: Revised Proposed Development Predicted Noise Levels (Day and Night) The turbines shall be designed to permit individually controlled operation or shut down at specified wind speeds and directions in order to facilitate compliance with noise criteria. The Company shall continuously log power production, wind speed and wind direction at each wind turbine all (in accordance with Guidance Notes). These data shall be retained for a period of not less than 24 months. The data will include details of the mode in which each of the turbines will be operated during each ten minute period depending on the wind conditions in that ten minute period. The Company shall provide this information to the Planning Authority, in the format set out in the Guidance Notes, within 14 days of receipt in writing of a request to do so. Prior to the Date of First Commissioning, the developer shall have submitted to, and received written approval of the Planning Authority of, a list of proposed independent consultants who will undertake compliance measurements in accordance with this condition. Amendments to the list of approved consultants shall be made only with the prior written approval of the Planning Authority. Within 21 days from receipt of a written request from the Planning Authority, following a complaint to it from an occupant of a dwelling alleging noise disturbance at that dwelling, the developer shall employ a consultant approved by the Planning Authority in terms of part (4) above to assess the level of noise immissions from the wind farm at the complainant’s property (or a suitable alternative location agreed in writing by the Planning Authority). The written request from the Planning Authority shall set out at least the date, time and
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location to which the complaint relates and any identified atmospheric conditions, including wind direction, and include a statement as to whether, in the opinion of the Planning Authority, the noise giving rise to the complaint contains or is likely to contain a tonal component. The assessment of the rating level of noise immissions in terms of part (5) above shall be undertaken in accordance with the Guidance Notes and an assessment protocol that shall previously have been submitted to and approved in writing by the Planning Authority. The protocol shall include the proposed measurement location(s) where measurements for compliance checking purposes shall be undertaken, whether noise giving rise to the complaint contains or is likely to contain a tonal component, and also the range of meteorological and operational conditions (which shall include the range of wind speeds, wind directions, power generation and times of day) to determine the assessment of rating level of noise immissions. The proposed range of conditions shall be those which prevailed during times when the complainant alleges there was disturbance due to noise, having regard to the written request of the Planning Authority under paragraph (5) above. Where the property to which a complaint is related is not listed by name or location in Table 1 at part (1) of this condition, the Company shall submit to the Planning Authority, for its written approval, proposed noise limits selected from those listed in Table 1 to be adopted at the complainant’s property for compliance checking purposes, prior to compliance checking. The proposed noise limits are to be those limits selected from Table 1 specified for a listed location which the independent consultant considers as being likely to experience the most similar background noise environment to that experienced at the complainant’s property. The protocol shall include a justification of the choice of the representative background levels to determine compliance at the complainant’s property. The resultant noise limits selected shall include, where appropriate, any limit apportionment to account for consented levels from cumulative wind farm developments. The rating level of noise immissions resulting from the combined effects of the wind turbines when determined in accordance with the Guidance Notes and approved Noise Assessment Protocol shall not exceed the noise limits approved in writing by the Planning Authority for the complainant’s property. In the event that a complainant does not allow the Company access to undertake a compliance assessment, the assessment protocol shall set out details of the proposed alternative representative measurement position, prior to the commencement of measurements, and the measurements shall be undertaken at the approved alternative representative measurement location. The Company shall provide to the Planning Authority the independent consultant’s assessment of the rating level of noise immissions undertaken in accordance with the Guidance Notes and the approved Noise Assessment Protocol within two months of the date of the written request of the Planning
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Authority for compliance measurements to be made under part (5), unless the time limit is extended in writing by the Planning Authority. The assessment shall include all data collected for the purposes of undertaking the compliance measurements, such data to be provided in the format set out in the Guidance Notes. The instrumentation used to undertake the measurements shall be calibrated in accordance with the Guidance Notes and certificates of calibration shall be submitted to the Planning Authority with the independent consultant’s assessment of the rating level of noise immissions. Where a further assessment of the rating level of noise immissions from the wind farm is required pursuant to (in accordance with the Guidance Notes), the Company shall submit a copy of the further assessment within 21 days of submission of the independent consultant’s assessment pursuant to part (8) above unless the time limit has been extended in writing by the Planning Authority. Reason - to protect nearby residents from undue noise and disturbance and to ensure that noise limits are not exceeded and to enable prompt investigation of complaints. Guidance Notes for Operational Noise Condition These notes are to be read with and form part of the noise condition. They further explain the condition and specify the methods to be employed in the assessment of complaints about noise immissions from the wind farm. The rating level at each integer wind speed is the arithmetic sum of the wind farm noise level as determined from the best-fit curve described in Guidance Note 2 of these Guidance Notes and any tonal penalty applied in accordance with Guidance Note 3. Reference to ETSU-R-97 refers to the publication entitled “The Assessment and Rating of Noise from Wind Farms” (1997) published by the Energy Technology Support Unit (ETSU) for the Department of Trade and Industry (DTI). IOA GPG is “A Good Practice Guide to the Application of ETSU-R-97 for the Assessment and Rating of Wind Turbine Noise” (2013) and includes Supplementary Guidance Notes 1 to 5 of the IOA GPG. Guidance Note 1 (a) The LA90,10 minute noise statistic should be measured in accordance with the IOA GPG. Measurements shall be undertaken in such a manner to enable a tonal penalty to be applied in accordance with Guidance Note 3. (b) To enable compliance with the conditions to be evaluated, the Company shall continuously log arithmetic mean wind speed in metres per second and wind direction in degrees from north for each turbine and arithmetic mean power generated by each turbine, all in successive 10-minute periods. All 10 minute periods shall commence on the hour and in ten minute increments thereafter, synchronised with Universal Coordinated Time (UTC). The wind speeds at turbine hub height shall be 'standardised' to a reference height of ten metres as described in ETSU-R-97 at page 120
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using a reference roughness length of 0.05 metres. Unless an alternative procedure is previously agreed in writing with the Planning Authority, It is these standardised ten metre height wind speed data which are correlated with the noise measurements determined as valid. (c) Data provided to the Planning Authority in accordance with the noise condition shall be provided in comma separated values in electronic format unless otherwise agreed in writing with the Planning Authority. (d) A data logging rain gauge shall be installed in the course of the assessment of the levels of noise immissions. The gauge shall record over successive 10-minute periods synchronised with the periods of data recorded in accordance with Note 1(b). Guidance Note 2 (a) The noise measurements shall be made so as to provide not less than 20 valid data points as defined in Guidance Note 2 (b) (b) Valid data points are those measured in the conditions specified in the agreed written protocol, but excluding any periods of rainfall measured in the vicinity of the sound level meter. Rainfall shall be assessed by use of a rain gauge that shall log the occurrence of rainfall in each 10 minute period concurrent with the measurement periods set out in Guidance Note 1. In specifying such conditions the Planning Authority shall have regard to those conditions which prevailed during times when the complainant alleges there was disturbance due to noise or which are considered likely to result in a breach of the limits. (c) For those data points considered valid in accordance with Guidance Note 2(b), values of the LA90,10 minute noise measurements and corresponding values of the 10- minute 10- metre height wind speed averaged across all operating wind turbines using the procedure specified in Guidance Note 1(d), shall be plotted on an XY chart with noise level on the Y-axis and the 10- metre height mean wind speed on the X-axis. A least squares, “best fit” curve of an order deemed appropriate by the independent consultant (but which may not be higher than a fourth order) should be fitted to the data points and define the wind farm noise level at each integer speed. Guidance Note 3 (a) Where, in accordance with the protocol, noise immissions at the location or locations where compliance measurements are being undertaken contain or are likely to contain a tonal component, a tonal penalty is to be calculated and applied using the following rating procedure. (b) For each 10 minute interval for which LA90,10 minute data have been determined as valid in accordance with Guidance Note 2 a tonal assessment shall be performed on noise immissions during 2 minutes of each 10 minute period. The 2 minute periods should be spaced at 10 minute intervals provided that uninterrupted uncorrupted data are available (“the standard procedure”). Where uncorrupted data are not available, the first available uninterrupted clean 2 minute period out of the affected overall 10
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minute period shall be selected. Any such deviations from the standard procedure, as described in Section 2.1 on pages 104-109 of ETSU-R-97, shall be reported. (c) For each of the 2 minute samples the tone level above or below audibility shall be calculated by comparison with the audibility criterion given in Section 2.1 on pages 104-109 of ETSU-R-97. (d) The tone level above audibility shall be plotted against wind speed for each of the 2 minute samples. Samples for which the tones were below the audibility criterion or no tone was identified, a value of zero audibility shall be used. (e) The average tone level above audibility shall be calculated for each wind speed bin, each bin being 1 metre per second wide and centred on integer wind speeds. This process shall be repeated for each integer wind speed for which there is an assessment of overall levels in Note 2. (f) The tonal penalty is derived from the margin above audibility of the tone according to the figure below. Guidance Note 4 (a) If a tonal penalty is to be applied in accordance with Guidance Note 3 the rating level of the turbine noise at each wind speed is the arithmetic sum of the measured noise level as determined from the best fit curve described in Guidance Note 2 and the penalty for tonal noise as derived in accordance with Guidance Note 3 at each integer wind speed within the range specified by the Planning Authority in its written protocol. (b) If no tonal penalty is to be applied then the rating level of the turbine noise at each wind speed is equal to the measured noise level as determined from the best fit curve described in Guidance Note 2. (c) In the event that the rating level is above the limit(s) set out in the Table attached to the noise conditions or the noise limits for a complainant’s dwelling, the independent consultant shall undertake a further assessment of the rating level to correct for background noise so that the rating level relates to wind turbine noise immission only. (d) The Company shall ensure that all the wind turbines in the development are turned off for such period as the independent consultant requires to undertake the further assessment. The further assessment shall be undertaken in accordance with the following steps:
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(e) Repeating the steps in Guidance Note 2, with the wind farm switched off, and determining the background noise (L3) at each integer wind speed within the range requested by the Planning Authority in its written request and the approved protocol. (f) The wind farm noise (L1) at this speed shall then be calculated as follows where L2 is the measured level with turbines running but without the addition of any tonal penalty: (g) The rating level shall be re-calculated by adding arithmetically the tonal penalty (if any is applied in accordance with Note 3) to the derived wind farm noise L1 at that integer wind speed. (h) If the rating level after adjustment for background noise contribution and adjustment for tonal penalty (if required in accordance with note 3 above) at any integer wind speed lies at or below the values set out in the Table attached to the conditions or at or below the noise limits approved by the Planning Authority for a complainant’s dwelling in accordance with the noise condition then no further action is necessary. If the rating level at any integer wind speed exceeds the values set out in the Table attached to the conditions or the noise limits approved by the Planning Authority for a complainant’s dwelling in accordance with the noise condition then the Development fails to comply with the conditions. Noise (BESS and Substation) 22. All plant or equipment associated with the BESS and substation 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 nearby residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. 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.
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Shadow flicker 23. No development shall commence unless and until a Shadow Flicker Protocol has been submitted to, and approved in writing by, the Planning Authority. The Shadow Flicker Protocol shall set out a protocol for addressing any complaint received from a residential receptor within the study area defined in Chapter 14 of the EIA Report, and will set out mitigation and management options. Operation of the turbines shall take place in accordance with the approved Shadow Flicker Protocol and any mitigation measures that have been approved through the protocol shall be implemented. Reason - In the interests of residential amenity. Access Management Plan 24. There shall be no Commencement of Development until an Access Management Plan (AMP) has been submitted to and approved in writing by the Planning Authority. The AMP should ensure that, where appropriate and subject to health and safety requirements, public access is maintained across the Development site during construction, and thereafter that existing wider rights of public access are maintained during the operational phase of the wind farm. The approved plan shall be implemented in full. Reason - In the interests of securing public access rights Private Water Supplies 25. There shall be no Commencement of Development until a private water supplies method statement has been submitted to and approved in writing by the Planning Authority, detailing all contingent mitigation measures to be delivered to secure the quality, quantity and continuity of water supplies to any properties which are served by private water supplies at the date of this planning permission which may be affected by the Development.78 The method statement shall set out: (a) details of the methodology for water quality and quantity sampling for a period of 12 months prior to construction (including abstraction points); (b) details of the methodology and programme for undertaking water quality and quantity sampling during the construction period (including abstraction points); and (c) details of the methodology for water quality and quantity sampling for a period of 12 months post construction (including abstraction points); The approved method statement shall thereafter be implemented in full upon the Commencement of Development.
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Reason - To maintain a secure and adequate water supply to all properties with private water supplies that may be affected by the Development. Redundant Turbines 26. If one or more wind turbines fails to generate electricity on a commercial basis to the public network for a continuous period of 12 months, then the turbine or turbines shall be deemed to be surplus to requirement and the developer shall: (a) within one month of the expiration of the 12 month period, submit a scheme to the Planning Authority for written approval setting out how and when the relevant wind turbine(s) and associated infrastructure will either be repaired or removed from the site and the ground restored to a condition agreed with the Planning Authority; and (b) implement the approved scheme to the timescales set out in the scheme and agreed in part a) above. Reason - To ensure that any redundant wind turbine is removed from site, in the interests of safety, amenity and environmental protection. Interim Decommissioning, Restoration and Aftercare Strategy 27. There shall be no Commencement of Development until an Interim decommissioning, restoration and aftercare strategy has been submitted to, and approved in writing by, the Planning Authority. The interim decommissioning, restoration and aftercare strategy shall outline measures for the decommissioning of the Development and restoration and aftercare of the site, and shall provide proposals for the removal of the Development, the treatment of ground surfaces, the management and timing of the works and environmental management provisions in any instance that the site as a whole, or in part, ceases to operate prior to the approval of the Decommissioning, Restoration and Aftercare Plan required under the provisions of condition 27. Reason - To ensure the decommissioning and removal of the Development in an appropriate and environmentally acceptable manner and the restoration and aftercare of the site, in the interests of safety, amenity and environmental protection when a detailed decommissioning, restoration and aftercare Plan has not yet been approved. Site Decommissioning, Restoration and Aftercare 28. The Development shall cease to generate electricity to the grid network by no later than the date falling 35 years from the Date of Final Commissioning. No later than one year prior to the Date of Final Generation or the expiry of the planning permission (whichever is earlier) a decommissioning, restoration and aftercare plan shall be submitted for the written approval of the Planning Authority. The detailed decommissioning, restoration and aftercare plan shall
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provide updated and detailed proposals, in accordance with relevant guidance at that time, for the removal of the Development, the treatment of ground surfaces, the management and timing of the works and environment management provisions which shall provide: (a) a site waste management plan (dealing with all aspects of waste produced during the decommissioning, restoration and aftercare phases and, including details of measures to be taken to minimise waste associated with the Development and promote the recycling of materials and infrastructure components); (b) details of the formation of any temporary infrastructure required for decommissioning such as compounds, welfare facilities, any areas of hardstanding, material stockpiles, oil storage, lighting columns, and any boundary fencing; (c) a dust management plan; (d) 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; (e) a pollution prevention and control method statement, including arrangements for the storage and management of oil and fuel on the site; (f) details of measures for soil storage and management; (g) 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; (h) details of measures for sewage disposal and treatment; (i) temporary site illumination; and (j) a species protection plan if surveys (carried out no longer than eighteen months prior to submission of the plan) identify any protected species (including birds). The Development shall be decommissioned, the site restored and aftercare undertaken prior to the date falling three years after the Date of Final Generation and in accordance with the approved detailed decommissioning, restoration and aftercare plan. Reason - To ensure the decommissioning and removal of the Development in an appropriate and environmentally acceptable manner and the restoration and aftercare of the site, in the interests of safety, amenity and environmental protection. Financial Guarantee 29. There shall be no commencement of development until a bond or other form of financial guarantee (hereafter “financial guarantee”) in terms which secures the cost of performance of all decommissioning, restoration and aftercare obligations referred to in conditions 27 and 28 has been submitted to and approved in writing by the Planning Authority.
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The value of the financial guarantee shall be agreed between the developer and the Planning Authority or, failing agreement, determined (on application by either party) by a suitably qualified independent professional as being sufficient to meet the costs of all decommissioning, restoration and aftercare obligations referred to in conditions 27 and 28. The financial guarantee shall be maintained in favour of the Planning Authority until the completion of all decommissioning, restoration and aftercare obligations referred to in conditions 27 and 28. The value of the financial guarantee shall be reviewed by agreement between the developer and the Planning Authority or, failing agreement, determined (on application by either party) by a suitably qualified independent professional not less than every five years, and at the time of the approval of the detailed decommissioning, restoration and aftercare plan approved under condition 28. The value of the financial guarantee shall be increased or decreased to take account of any variation in costs of compliance with decommissioning, restoration and aftercare obligations referred to in conditions 27 and 28. Reason - To ensure that there are sufficient funds to secure performance of the decommissioning, restoration and aftercare conditions attached to this deemed planning permission in the event of default by the developer. 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 Permission shall not to be issued until a Section 75 Agreement or a bond as required by condition 27-29 has been signed and registered to take account of this application. The legal agreement or bond should be concluded and completed within 4 months of the date of any decision. Failure to conclude a legal agreement within 4 months will result in the planning application being re- assessed through failing to comply with the development plan and may be ultimately recommended for refusal under delegated powers 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.
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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. An application for Building Warrant may be required. 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, 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. 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 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. 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 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 number and design of turbines. 9. Please remember that the granting of planning permission, listed building consent or other associated consent by the Planning Authority does not affect the responsibility of the developer to ensure all other necessary permissions, consents and approvals are in place prior to commencement of works. Developers should also ensure appropriate accommodations are made in respect of services and third party infrastructure and may wish to check proposals against the information held at https://www.linesearchbeforeudig.co.uk/.
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Background Papers Letters of representation 0 Authors Name Designation Contact Details Alex Gudgeon Planning Officer (Majors) developmentmanagement@pkc.gov.uk Approved Name Designation Date Sean Panton Team Leader, Major Applications and Enforcement 19 November 2025