24/00200/Flm
Perth and Kinross Council · 11 September 2024
Back to Planning and Placemaking Committee — 11 September 2024 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 – 11 September 2024 Report of Handling by Strategic Lead: Economy, Development and Planning (Report No. 24/244) PROPOSAL: Extension to battery energy storage system facility comprising 144 additional battery units (49.9MW) and associated works LOCATION: Land 130 Metres South East of Coupar Angus Substation, Pleasance Road, Coupar Angus Ref. No: 24/00200/FLM Ward No: P2- Strathmore Summary This report recommends approval of the application as the development is considered to comply with the relevant provisions of the Development Plan and there are no material considerations apparent which outweigh the Development Plan. BACKGROUND AND DESCRIPTION OF PROPOSAL 1. The application seeks planning permission for the installation of 144 additional batteries at the existing Coupar Angus Battery Energy Storage System (BESS) which was consented under application 19/00513/FLM and revised under 22/00195/FLM. The proposed development is located adjacent to the existing 132kV substation and is approximately 250m south-west of the settlement boundary of Coupar Angus. The site is largely surrounded by agricultural land (Broad Valley Lowland) and the nearest residential properties to the site are located approximately 330m to the northeast on Pleasance Road. Local topography is generally level, with a slight slope up to the north. 2. Access to the site is provided from a junction off Pleasance Road, with a section of access track (approximately 70m in length) which links to the substation. This track is formed on the western boundary of the site which has been implemented as part of the previous planning permission 22/00195/FLM. This application will increase the total number of batteries at the site from 120 to 264. The proposed additional 144 batteries will be similar in size and scale to the existing approved 120 batteries.
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SITE HISTORY • 16/02230/FLL Full Planning Permission was approved on 9 March 2017 for the erection of switch room facility and associated works • 18/00016/PAN submitted on 6 February 2019 for the formation of an energy storage compound including 15 battery storage units, inverters and transformers, a substation, ancillary equipment, store, vehicular access, track and associated works • 19/00513/FLM Full Planning Permission was approved on 24 September 2019 for the formation of a battery storage facility, vehicular access and associated works • 21/00015/PAN Submitted on 18 November 2021 for the formation of battery energy storage system with associated work and infrastructure of up to 49.9 MW • 21/02234/SCRN On 1 February 2022 for ground mounted solar photovoltaic array • 22/00003/PAN application was withdrawn on 4 February 2022 for the installation of a 49.9MW ground-mounted solar array and associated works • 22/00195/FLM Full Planning Permission was approved on 1 June 2022 for the formation of a battery energy storage system with associated work and infrastructure of up to 49.9 MW • 22/00006/PAN On 25 February 2022 for the installation of a 49.9MW ground- mounted solar array and associated works • 22/01285/FLM Full Planning Permission was refused on 23 February 2023 for the formation of a 49.9MW solar farm comprising ground mounted solar arrays, inverters, transformers, a substation, security fencing, CCTV cameras, cabling, access tracks and associated works • 23/01294/FLM Full Planning Permission was refused on 13 December 2023 for the formation of a 49.9MW solar farm comprising ground mounted solar arrays, inverters, transformers, a substation, security fencing, CCTV cameras, cabling, access tracks and associated works • 23/00014/PAN On 26 October 2023 for an extension to battery energy storage system comprising of 144 additional battery units and associated works • 23/00015/PAN On 3 October 2023 for the formation of a battery energy storage facility, including welfare and storage units, ancillary structures, control room, switchgear room, steel enclosures containing inverters, security and deer fencing, landscaping and associated works ENVIRONMENTAL IMPACT ASSESSMENT 3. An EIA screening has been undertaken. The proposal being a Schedule 2 development in terms of the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. In the case of these regulations, prohibition is given to the granting of planning permission to “EIA development” unless an environmental impact assessment has been undertaken. In this case
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the Council has taken the opinion that it is not EIA development, and that sufficient information has been submitted with the application to enable a determination in consideration of all relevant environmental matters. These environmental aspects requiring further consideration, are namely: noise, landscape and visual amenity, trees and biodiversity, roads and transportation and flood / drainage matters. PRE-APPLICATION CONSULTATION 4. Pre application Reference: Not applicable to this application. 5. The proposed development is classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009; therefore, the applicant was required to undertake formal pre-application consultation with the local community. 6. Given that the Proposed Development would be classed as a major application and as the additional 144 batteries would increase the sites capacity, a Pre- Application Consultation (PAC) Report is submitted with the planning application. 7. A Proposal of Application Notice (PAN) was submitted to Perth and Kinross Council on the 12thSeptember 2023. The PAN sets out the consultation strategy which includes the arrangement of two in-person consultation events, which were held two weeks apart from each other. As a result of minor design changes to the project, the consultation dates were revised, and an updated PAN was submitted to Perth and Kinross Council on the 27thOctober 2023. Following approval of the updated PAN, on the 30thOctober 2023, the two in-person consultation events were held at the Red House Hotel, Station Road, Coupar Angus, Blairgowrie, PH13 9AL on the following dates: • 14 November 2023 at 16:00 till 19:00 • 28 November 2023 at 16:00 till 19:00 8. The consultation events were advertised in the Perthshire Advertiser seven days before each consultation event. The first consultation event was advertised on Tuesday 7th November 2023, and the second consultation event was advertised on Tuesday 21st November 2023. A consultation website was also set up to allow easy access to the consultation documents and to allow residents to submit comments should they be unable to attend the in-person consultation events. Furthermore, Community Councils were also invited, and invitations were sent to inform Local Ward Council Members (Strathmore Ward), providing details about the consultation events. A leaflet drop was also undertaken on the 21st of November 2023 to maximise the advertising for the 2nd consultation event, which included delivery to 300 householders closest to the Coupar Angus BESS site.
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DEVELOPMENT PLAN 9. 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 10. 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. The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crises • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 5: Soils • Policy 6: Forestry, Woodland and Trees • Policy 11: Energy • Policy 29: Rural Development Perth and Kinross Local Development Plan 2019 11. The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 12. The principal relevant policies are, in summary; • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 5: Infrastructure Contributions • Policy 6: Settlement Boundaries • Policy 8: Rural Business and Diversification • Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy • Policy 33B: Renewable and Low Carbon Energy: Repowering and Extending Existing Facilities • Policy 35: Electricity Transmission Infrastructure
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• Policy 39: Landscape • Policy 40A: Forestry, Woodland and Trees: Forest and Woodland Strategy • Policy 40B: Forestry, Woodland and Trees: Trees, Woodland and Development • Policy 41: Biodiversity • Policy 42: Green Infrastructure • Policy 47: River Tay Catchment Area • Policy 50: Prime Agricultural Land • Policy 51: Soils • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • Policy 53C: Water Environment and Drainage: Surface Water Flooding • Policy 56: Noise Pollution • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals Statutory Supplementary Guidance • 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) PKC NON-STATUTORY GUIDANCE • Planning Guidance - Planning & Biodiversity • Supplementary Guidance - Renewable & Low Carbon Energy (draft) NATIONAL GUIDANCE 13. The Scottish Government expresses its planning policies through Planning Advise Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars in addition to NPF4. Planning Advice Notes 14. The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 51 Planning, Environmental Protection and Regulation • PAN 69 Planning and Building standards Advice on Flooding • PAN 75 Planning for Transport
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National Roads Development Guide 2014 15. This document supports Designing Streets and expands on its principles and is the technical advice that should be followed in designing and approving of all streets including parking provision. CONSULTATIONS 16. As part of the planning application process the following bodies were consulted: External 17. National Gas - Given that the application site is located within the High Risk Zone for National Gas Transmission PLC’s apparatus, all plans and a description of the proposals must be submitted to, and for the review of, the Asset Protection Team. 18. Health and Safety Executive - No objection. 19. National Gas Transmission - No objection. However, it has been requested that National Gas Transmission are consulted during the design phase and that an Earthing Report is submitted for review, and to ensure that the pipeline is not affected 20. Dundee Airport Ltd - No objection. 21. Perth & Kinross Council Heritage Trust - No objection. The proposed development does not raise any significant issues. 22. Scottish Water - No objection. All proposed developments require to submit a Pre-Development Enquiry (PDE) Form to be submitted directly to Scottish Water via THE Customer Portal prior to any formal Technical Application being submitted. This will allow Scottish Water to fully appraise the proposals. Advice has been given regarding reporting pollution incidents and on any pollutants that may be used in the construction and operation of the development and that may be a risk to drinking water. 23. SEPA - No objection. Internal 24. Community Greenspace - No objection. The proposed development will not result in a negative impact on public access, core paths or rights of way.
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25. Contaminated Land - No objection. There is no history of ground contamination at the application site. 26. Biodiversity - No objection. Furthermore, the previously requested Update Ecology Assessment has been submitted and all recommendations must be adhered to in full. A condition is recommended to ensure this. The submitted information is in accordance with legislation, policy and guidance. 27. Transportation and Development - No objection. Conditions are recommended relating to the on – going Construction Traffic Management Plan, and vehicle movements. 28. Structures and Flooding - No objection. Conditions are recommended in relation to a Flood Action Plan, the full implementation of the Flood Risk Assessment and SuDS. 29. Environmental Health – Noise / Odour - No objection. Conditions are recommended in relation to the noise rating of all plant or equipment, noise limits for the development, the screening of all external lighting and construction hours. 30. Coupar Angus Community Council - Coupar Angus Community Council have raised concerns regarding the following: • Flooding and emergency access. • Noise and lack of appropriate acoustic screening. • Traffic management during construction. Representations 31. 17 representations (in the form of objections) were received. The main issues raised within the representations are: • Flood Risk • Noise • Impact on local environment • Visual Impact • Inappropriate development for a rural setting • Size and Scale • Increase in traffic congestion • Safety concerns • Improper management of the existing site These issues are addressed in the Appraisal section of the report.
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ADDITIONAL STATEMENTS Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report Not required Appropriate Assessment under Habitats Regulations AA not required Design Statement or Design and Access Statement Not required Report on Impact or Potential Impact eg Flood Risk Assessment Noise Impact Assessment submitted, Flood Risk Assessment submitted, Landscape and Visual Impact Assessment submitted APPRAISAL 32. Sections 25 and 37(2) of the Town & Country Planning (Scotland) Act 1997 (as amended) require the determination of the proposal to be made in accordance with the provisions of the Development Plan, unless material considerations indicate otherwise. The Development Plan comprises NPF4, the Perth and Kinross Local Development Plan 2019 and statutory supplementary guidance. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 33. The location is a peripheral rural area South West of Coupar Angus. Policy considerations seeking to assess its suitability in principle are: LDP2 Policies 1A, 1B, Placemaking; Policy 8 Rural Diversification; Policy 33A and 33B Renewables and Low Carbon Energy; Policy 50 Prime Agricultural Land; and Policy 51 Soils. The relevant NPF4 policies are Policy 1 Tackling the Climate and Nature Crises; Policy 2 Climate Mitigation and Adaptation; and Policy 11 Energy. Furthermore, and of significant material consideration in the assessment of this application is the previous approval of planning permission for the development of a battery energy storage facility (19/00513/FLM and 22/00195/FLM). 34. The proposal would provide essential energy balancing services to the National grid, actively contributing towards Scotland's CO2 reduction targets, supporting the principles of NPF4. Specifically, electricity would be drawn from the grid at times of low demand, stored and released back as required. When demand is higher, greater generation from non-renewable sources is required and energy storage facilities such as that proposed could reduce reliance on non-renewable resources, thus decreasing CO2 emissions. NPF4 sets out six overarching
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spatial principles with “Just Transition” relating to the construction of renewable energy and their contribution to achieving net zero. The NPF4 Sustainable Places section emphasises the link to Scotland’s Climate Change Plan and sets the approach to achieving net zero emissions by 2045 and making significant progress by 2030. The NPF4 also links to Scotland’s Energy Strategy and highlights the importance of land and sea to be critical in delivering renewable energy developments. NPF4 provides detailed policy on Climate Change and Energy and details developer expectations to how proposed schemes will accord with the policies set out in the document. The overarching policy intent in NPF4 is to encourage, promote and facilitate all forms of renewable energy development onshore and offshore. 35. In this case, as the proposal is to expand an existing facility, it is considered that there is no conflict with any of the relevant LDP2 or NPF4 policies. Whilst there is a loss of prime agricultural land (identified as Class 2), the loss of land is no greater than what has already been consented through the previous planning permissions. This, combined with the locational need for the development close to the existing electrical substation, in addition to any carbon offsetting potential, outweigh those impacts on landscape values and agricultural use. Furthermore, this substation has unconstrained capacity to import and export the electrical energy required. 36. Notwithstanding the above conflicts, Policy 33B of LDP2 and Policies 1, 2 and 11 of NPF4 specifically encourages low carbon energy solutions where specific grid connection or the use of established infrastructure can occur. Therefore, on balance, and given the site specific reasoning for the extension to the battery storage unit, the proposed development can be supported. Furthermore, consideration must be given to the finite lifespan of this facility. Whilst the overall operational life will be some 50 years, minimal disturbance to the site will be required, allowing the pre-existing land use to resume afterwards. Design and Layout 37. The site currently has planning permission for 120 batteries which has been implemented with the BESS facility now in operation. The proposed additional 144 batteries will be similar in size and scale to the existing approved 120 batteries. The proposed 144 additional batteries will be attached to both existing and new concrete plinths (24 new plinths in total) and will connect to the existing transformers. The dimensions are proposed to remain similar as previously approved in 22/00195/FLM. 38. Conditional control (condition 23) will ensure that external finishing colours are appropriate for the area. In terms of new infrastructure, no additional transformers are required, however, 12 additional cables are required, which will follow the same route as the existing on-site cabling. All other features of the
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proposed development will remain the same as what has previously been approved. Residential Amenity 39. LDP2 Policy 56: Noise Pollution states that there will be a presumption against the siting of development proposals which will generate high levels of noise in the locality of existing or proposed noise sensitive land uses and similarly against the locating of noise sensitive uses near to sources of noise generation. In this instance, a Noise Impact Assessment was submitted for the original application (19/00513/FLM) and updated as a result of the submission of application 22/ 00195/FLM. The applicant now wishes to extend the BESS by adding an additional 144 batteries. However, there is no intention to add additional storage compounds or associated equipment, such as inverters and transformers. It has been confirmed that the most dominant sound source associated with developments of this type are the inverters and as there is no intention to add additional inverters on site. Furthermore, an extension to the existing acoustic fence has been granted as a non – material variation, which will reduce noise levels further. Conditional control (condition 14) will ensure the implementation of this acoustic fence prior to the new batteries becoming operational. This being the case, the increase in the number of batteries being proposed will only result in a slight increase of less than one decibel in the noise levels emitting from the development, which is considered to be acceptable. 40. However, given an on- going compliant from a neighbour regarding noise levels from the existing facility, further conditions have been included relating to the enclosure of all plant and equipment (condition 9) the noise rating to which the facility can operate (condition 10), a further noise assessment if complaints from the public are forthcoming (condition 11), external lighting (condition 12) and construction working hours (condition 13). Landscape and Visual Amenity 41. Perth and Kinross Council LDP2, Policy 39: Landscape states that development and land use change should be compatible with the distinctive characteristics and features of Perth and Kinross’s landscapes. Accordingly, development proposals will be supported where they do not conflict with the aim of maintaining and enhancing the landscape qualities of Perth and Kinross. 42. An updated Landscape and Visual Appraisal (LVA) has been carried out which builds on the Landscape and Visual Appraisal carried out in 2022. It assesses the potential landscape impacts of the previous proposal approved under planning permission (22/00195/FLM). This proposal seeks to increase the capacity of the site by adding an additional 144 batteries. The updated LVA assesses any further landscape impacts that the proposed development may have on the immediate and wider landscape character. It has been concluded
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that, since 2022, there have been no significant changes to the landscape and visual baseline conditions assessed under the previous LVA. 43. Overall, the updated LVA has concluded that the proposed development would result in no loss of, or changes to, landscape features in the immediate area of the Coupar Angus BESS site. The increase in the number of the battery storage racks would very slightly increase the visual impact of the BESS site on the surrounding landscape. However, the proposed increase in visual impact will not result in adverse visual harm to the defining features and key characteristics of the Broad Valley Lowlands Tayside Local Character Type (LCT). The updated LVA has reassessed the key viewpoints originally assessed under planning permission 22/00195/FLM, to ensure that key views from sensitive receptors remain protected. Given that the proposals do not take up any further prime agricultural land, the extension to the existing battery storage unit is in accordance with LDP2 Policies 50 and 51. 44. In light of the above, and in terms of landscape and visual impact, it is considered that the proposed extension to the battery storage unit at Coupar Angus is in accordance with LDP2 Policies 39, 40A, and 40B, and NPF4 Policy 6. A condition (condition 20) will ensure that further landscaping is incorporated into the design to further minimise the landscape impact of the development. Roads and Access 45. LDP2 Policy 15: Public Access states that development proposals that would have an adverse impact upon the integrity of any (including proposed) core path, disused railway line, asserted right of way or other well-used route and connectivity proposals identified in the Regional Transport Strategy and Delivery Plan will not be permitted. 46. LDP2 Policy 60A: Existing Infrastructure, sees existing transport infrastructure identified, and encouragement given to the retention and improvement of these facilities provided the improvements are compatible with adjoining land uses. 47. As this is a pre-existing site, there are no changes in terms of access roads, and as such the implementation of the 144 additional battery units would not significantly change the overall layout of the site, when compared to the previous planning permission (22/00195/FLM). The previous consent had a condition for the formation of the vehicle access onto the Public Road network to ensure the formation of the vehicle access was suitable for the level of development. However, there have been several complaints by local residents regarding the management of the existing development site, and, in particular, non-compliance with the approved Construction Traffic Management Scheme (CTMS). This being the case, a condition has been included (Condition 7) to ensure that the CTMS is strictly adhered to during the entire site construction programme. This condition
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was recommended by Transportation and Development, who have no objection to the proposed development subject to this condition being applied. 48. In light of the above, it is considered that the proposed extension to the battery storage facility is in accordance with LDP2 Policies 15 and 60A, and NPF4 Policies 11 and 12. Drainage and Flooding 49. LDP2 Policy 52: New Development and Flooding, states that the Council supports the actions and objectives to avoid increased, reduce overall, and more generally manage flood risk in alignment with SEPA Strategies and Plans. NPF4 Policy 22 states that development proposals must have regard to the water environment, and drainage, including floodwater management, within any proposal. 50. The Council’s Structures and Flooding Team has submitted no objections to the proposal but has recommended certain conditions. In terms of flooding, the application site is located adjacent to the flood pain of the Coupar Burn. According to NPF4 Policy 22, the development is categorised as essential infrastructure, which can be built on flood risk areas if certain requirements are met. The submitted Flood Risk Assessment (FRA) appears to have addressed the policy requirements and has taken steps to mitigate against any flood risks associated with the development. However, a condition has been included (Condition 3) that a Flood Action Plan is submitted for the site to improve access and egress. A further condition has been included (condition 4) to ensure that all the measures identified in the FRA to prevent the flooding of the site, shall be fully implemented. Full consideration must be given to the potential of any impacts on the River Tay Special Area of Conservation. It is not considered that any adverse concerns arise in this regard. 51. LDP2 Policy 53C: Surface Water Drainage, requires Sustainable Urban Drainage Systems (SUDS) measures including relevant temporary measures at the construction phase. In order to facilitate the draining of the site, a condition (condition 5) has been included to ensure that water drainage from all paved surfaces shall be disposed of by means of a SUDS. 52. In light of the above, it is considered that the proposed extension to the battery storage facility is in accordance with LDP2 Policies 52, 53C and 60A, and NPF4 policy 22. Natural Heritage and Biodiversity 53. LDP2 Policy 41: Biodiversity states that the Council will seek to protect and enhance all wildlife and wildlife habitats, whether formally designated/protected or not. All whilst taking into account the ecosystems and natural processes in the
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area. In accordance with NPF4, development proposals for national or major development, will only be supported where it can be demonstrated that the proposal will conserve, restore and enhance biodiversity, including nature networks so they are in a demonstrably better state than without intervention. This will include future management. In light of this, a condition (condition 15) has been included to ensure that the previously requested Updated Ecology Assessment has been submitted and that all recommendations must be adhered to in full. Furthermore, Condition 18 has been included to ensure that no hedgerows and shrubs or trees that may be used by breeding birds, are removed during the breeding season. In terms of biodiversity enhancements, NPF4 requires major planning applications to provide significant biodiversity enhancement, that will ensure things are significantly better than before. Enhancement must be long term, and all information must be provided upfront. Condition 16 has been included to ensure that an updated ecological survey is submitted. Two bat boxes, two bird boxes and log piles have been proposed in addition to the measures proposed for 22/00195/FLM. A condition (condition 17) has been included to increase the number of bat and bird boxes to ensure significant enhancement. Therefore, the proposal is in accordance with LDP2 Policy 41 and NPF4 Policy 5. 54. LDP2 Policy 40: Forestry, Woodland, and Trees states that Tree Surveys, undertaken by a suitably qualified professional, should accompany all applications for planning permission where their sites contain trees and that there is a presumption in favour of protecting woodland resources. In this instance, there has been no information submitted regarding the removal of any trees. Condition 20 has been included to ensure that landscape and planting plan is submitted for approval Developer Contributions 55. The Developer Contributions Guidance is not applicable to this application, and therefore, no contributions are required in this instance. Economic Impact 56. The economic impact of the proposal is likely to be minimal and limited to the construction phase of the development. The proposal will support local renewable energy generation by helping balance fluctuations of intermittent energy generation. It will assist in the creation of a national grid asset of regional significance for the Perth and Kinross area.
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VARIATION OF APPLICATION UNDER SECTION 32A 57. This application was not varied prior to determination, in accordance with the terms of section 32A of the Town and Country Planning (Scotland) Act 1997, as amended. PLANNING OBLIGATIONS AND LEGAL AGREEMENTS 58. None required. DIRECTION BY SCOTTISH MINISTERS 59. Under the Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013, regulations 30 – 33 there have been no directions by the Scottish Government in respect of an Environmental Impact Assessment screening opinion, call in or notification relating to this application. CONCLUSION AND REASONS FOR RECOMMENDATION 60. To conclude, the application must be determined in accordance with the Development Plan unless material considerations indicate otherwise. In this respect, the proposal is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken account of the relevant material considerations and none has been found that would justify overriding the Development Plan. Accordingly, the proposal is recommended for approval subject to the following conditions. RECOMMENDATION 61. Approve the application subject to the following conditions: Conditions and Reasons for Recommendation General 1. The proposed development must be carried out in accordance with the approved drawings and documents, unless otherwise provided for by conditions imposed on the planning consent. Reason - To ensure that the development is carried out in accordance with the approved plans. 2. This planning permission will last only for three years from the date of this decision notice, unless the development has been lawfully started within that period.
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Reason - This is a Planning Permission in terms of Section 58 of the Town and Country Planning (Scotland) Act 1997, as amended by Section 32 of the Planning (Scotland) Act 2019. Flooding and Drainage 3. Prior to the commencement of development, a Flood Action Plan shall be prepared for the site and submitted for the agreement in writing of the Planning Authority in consultation with the Council’s Structures and Flooding Team. This should detail access and egress arrangements during a flooding event. Thereafter, the agreed Plan shall be implemented in full prior to the bringing into use of the development. Reason - In order to take full account of the flood risk of the site. 4. The measures identified in the Flood Risk Assessment (document 28 hereby approved) to prevent flooding of the site, approved as part of this permission, shall be fully implemented. Verification that the scheme has been fully implemented must be submitted to the Council as Planning Authority prior to completion or the bringing into use of any part of the development, whichever is the earlier. Reason - In order to take full account of the flood risk of the site. 5. Storm water drainage from all paved surfaces, including the access, shall be disposed of by means of suitable a Sustainable Urban Drainage System to meet the requirements of best management practices. Details to be approved by the Council, as Planning Authority and, thereafter, implemented in full Reason - To ensure the provision of effective drainage for the site. 6. For the avoidance of doubt, parts of the site are located within the 1/200 (0.5% AEP) flood extent, with a medium to high risk of flooding. Such areas must not be raised above existing ground levels. This applies to the entirety of the site as identified by the red line shown in drawing 01 hereby approved, titled 'Site Location Plan’. Reason - To ensure no displacement of floodwater to the rest of floodplain Roads and Access 7. The Construction Traffic Management Scheme (document 21 hereby approved) shall be strictly adhered to during the entire site construction programme all to the satisfaction of the Council as Planning Authority. Reason - In the interest of proper site management.
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Amenity 9. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 20 between 2300 and 0700 hours daily, within any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In order to safeguard the neighbouring residential amenity in the area. 10. Noise from the battery storage facility shall not exceed 33dB LAeq,(15 min), including any relevant penalties for tonality, impulsivity, intermittency, or other sound characteristics, when measured at any residential property in accordance with BS4142 – Method for Rating Industrial Noise Affecting Mixed Residential and Industrial Areas. Reason - In order to safeguard the neighbouring residential amenity in the area. 11. In the event, that justified complaints for noise are received by the Council, the applicant at their own expense, shall employ an independent and suitably qualified consultant to carry out a Noise Assessment from the development. The appointed consultant and methodology for the Noise Assessment shall be submitted to and approved in writing by the Planning Authority in consultation with Environmental Health within 28 days of being notified of the complaint. Within 28 days of approval of appointed consultant and methodology, a Noise Assessment shall be submitted outlining mitigation and recommended timescales for delivery. Thereafter, all mitigation measures shall be implemented within the timescales recommended. Reason - In order to safeguard the neighbouring residential amenity in the area. 12. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In order to safeguard the neighbouring residential amenity in the area. 13. Construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at any time on Sundays or bank holidays. Reason - In the interests of residential amenity; to ensure a satisfactory standard of local environmental quality during the construction period.
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14. The acoustic fence hereby approved as part of planning permission 22/00195/FLM (documents 37, 38, 39 and 40 relate) must be installed prior to the installation of the new battery units hereby approved becoming operational. Thereafter, the fence shall be maintained in a reasonable condition for the life of the development. Reason - In the interests of protecting residential amenity. Biodiversity and Natural Environment 15. The conclusions and recommended action points within the supporting biodiversity survey submitted and hereby approved (document 33 relates) shall be fully adhered to, respected and undertaken as part of the construction phase of development, to the satisfaction of the Council as Planning Authority. Reason - In the interests of protecting environmental quality and of biodiversity. 16. An Updated ecology survey will be required prior to the commencement of works, if works have not commenced within 24 months of the date of the ecology survey approved as part of this permission. The updated survey shall be submitted to the Council as Planning Authority for written agreement and works shall not commence until after such written agreement has been issued by the Council. Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 17. Prior to the completion or occupation of the building(s) hereby approved, whichever is the earlier, five bat boxes, five bird boxes and log piles shall be provided in line with recommendations in the supporting biodiversity survey submitted and hereby approved. Thereafter, the agreed scheme shall be maintained in a reasonable condition for the life of the development, to the satisfaction of the Council as Planning Authority. Reason - To increase the number of bat and bird boxes to ensure significant biodiversity enhancement. 18. No removal of hedgerows, trees or shrubs that may be used by breeding birds shall take place between 1st March and 31st August inclusive, unless a competent ecologist has undertaken a careful, detailed check of vegetation for active birds’ nests immediately before the vegetation is cleared and provided written confirmation that no birds will be harmed and/or that there are appropriate measures in place to protect nesting bird interests on site. Any such written confirmation should be submitted in advance to the local Planning Authority.
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Reason - In the interests of employing best practice ecology and to ensure there is no adverse impact on any protected species as identified under the Wildlife and Countryside Act (1981). 19. Measures to protect animals from being trapped in open excavations and/or pipe and culverts shall be implemented for the duration of the construction works of the development hereby approved. The measures may include creation of sloping escape ramps for animals, which may be achieved by edge profiling of trenches/excavations or by using planks placed into them at the end of each working day and open pipework greater than 150 mm outside diameter being blanked off at the end of each working day Reason - In order to prevent animals from being trapped within any open excavations. Landscaping 20. Prior to the commencement of the development hereby approved, a detailed landscaping and planting scheme for the site shall be submitted for the written agreement of the Council as Planning Authority. The scheme shall include details of the height and slopes of any mounding or recontouring of the site, full details of all hard landscaping proposals including materials and installation methods and, species, height, size and density of trees and shrubs to be planted. The scheme as subsequently approved shall be carried out and completed within the first available planting season (October to March) after the completion or bringing into use of the development, whichever is the earlier, and the date of Practical Completion of the landscaping scheme shall be supplied in writing to the Council as Planning Authority within 7 days of that date. The scheme, as agreed and implemented, shall thereafter be maintained to the satisfaction of the Council as Planning Authority. Reason - In the interest of visual amenity and to ensure the satisfactory implementation of the proposed planting scheme. 21. The soil management plan approved as part of planning permission 22/00195/FLM (document 41) shall be adhered to in full as part of the site development. Reason - In order to ensure proper soil management. Facility Lifespan 22. In the event the hereby approved development fails to store electricity on a commercial basis for a continuous period of 12 months, then it shall be deemed to have permanently ceased to be required. In such an event the development
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shall be decommissioned and the relevant parts of the site reinstated within such timescale as agreed in writing by the Council as Planning Authority. Reason - To ensure the facility is removed from the site at the end of its operational life, and to protect the character of the countryside, the visual amenity of the area and nature conservation interests. External Finishing Colour 23. Prior to the commencement of the development hereby approved, details of the recessive, natural colour of the proposed external finishing materials to be used for the hereby approved fence and other structures (i.e. auxiliary generator, battery pack racks, battery storage substation, client substation invertor and LV Room, etc.) shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the completion or bringing into use of the development, whichever is the earlier. Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality. JUSTIFICATION The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. PROCEDURAL NOTES None applicable. INFORMATIVES 1. Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as amended) the person undertaking the development is required to give the Planning Authority prior written notification of the date on which it is intended to commence the development. A failure to comply with this statutory requirement would constitute a breach of planning control under section 123(1) of that Act, which may result in enforcement action being taken. 2. As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and Country Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. 3. No work shall be commenced until an application for building warrant has been submitted and approved.
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4. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as amended, it is an offence to remove, damage or destroy the nest of any wild birds while that nest is in use or being built. Planning consent for a development does not provide a defence against prosecution under this act. 5. The applicant is reminded that, should any protected species be present a licence may be required from NatureScot to disturb a protected species. Failure to obtain a licence may constitute a criminal act under the Habitats Regulations and penalties are severe for non-compliance. 6. This development will require the 'Display of notice while development is carried out', under Section 27C (1) of the Town and Country Planning Act 1997, as amended, and Regulation 41 of the Development Management Procedure (Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of the Regulations and a draft notice is included for your guidance. According to Regulation 41 the notice must be: • Displayed in a prominent place at or in the vicinity of the site of the development. • Readily visible to the public. • Printed on durable material. 7. This planning permission is granted subject to conditions, some of which require further information to be submitted to Development Management either before works can start on site or at a certain time. The required information must be submitted via the ePlanning portal if your original application was lodged that way, otherwise send it to us at developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable in respect of each request made, though there is no limit to the number of conditions that can be discharged in a single request. The Fees Charter is available on our website www.pkc.gov.uk. The Council has two months to consider the information. You should therefore submit the required information more than two months before your permission expires. We cannot guarantee that submissions made within two months of the expiry date of your permission will be able to be dealt with before your permission lapses. 8. National Gas Transmission should be consulted during the design phase and that an Earthing Report is submitted for review, and to ensure that the pipeline is not affected. 9. The applicant should take note of the information and advice contained within the consultation response from Scottish Water. 10. 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.
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11. The applicant is advised to refer to Perth & Kinross Council's Supplementary Guidance on Flood Risk and Flood Risk Assessments 2021 as it contains advice relevant to your development. https://www.pkc.gov.uk/ldp2floodrisk Background Papers: 17 letters of representation Contact Officer: Alan Atkins Date: 29 August 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING