24/01142/Flm
Perth and Kinross Council · 13 November 2024
Back to Planning and Placemaking Committee — 13 November 2024 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee – 13 November 2024 Report of Handling by Strategic Lead - Economy, Development and Planning (Report No. 24/305) PROPOSAL: Section 42 application to modify Condition 1 (duration) of permission 15/01691/FLM LOCATION: Green Burn Wind Farm, Bridge of Cally Ref. No: 24/01142/FLM Ward No: P3- Blairgowrie & Glens Summary This report recommends approval of the application, as the proposed amendment to condition 1 of 15/01691/FLM, and development which would result, is considered to comply with the relevant provisions of the Development Plan. Furthermore, there are no material considerations apparent which outweigh the Development Plan. BACKGROUND AND DESCRIPTION OF PROPOSAL 1 The application relates to a site at Green Burn Windfarm, at land 1.2km west of Drumderg Farm, Alyth. The parent planning permission (application 15/01691/FLM) to which this application relates was granted in February 2018 and allows for the erection of a wind farm comprising of 11 turbines, a control building and ancillary works. The application was originally refused by Perth & Kinross Council and was appealed to the Scottish Government DPEA, where the appeal was upheld and planning permission was subsequently granted. This current application is for to amend the wording of Condition 1 of that permission. No physical changes to the project, as consented, are proposed as a result of this application. Condition 1 relates to the lifespan of the wind farm and is currently worded as follows: 2 The development hereby approved shall be subsist for a period of 25 years from the first date of generation of electricity from the development to the grid. Written confirmation of the first date of electricity generation on a commercial basis shall be provided to the Planning Authority no later than one calendar month after that date. 3 Reason: To define the duration of the planning permission. 4 In light of recent technological developments in the design and manufacture of wind turbines, the life expectancy of the development has increased. The
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proposed extension in time seeks to align the predicted operational life of the wind farm with the duration of the consent, and to also align the operation of the wind farm with associated financing of the scheme. The proposed turbines which would be installed have a predicted operational life of between 35 and 40 years, subject to appropriate maintenance, as evidenced by other sites in the UK where similar extensions in time have been sought. 5 Obtaining consent for the proposed extension in the operational life of the project would negate any likely requirement to extend the life of the scheme at a later date. This would assist with the longer-term management of the site by providing certainty as to its permitted operational life. It would also make the site more sustainable. This being the case, it is proposed to revise the wording of Condition 1 as follows: 6 The development hereby approved shall be subsist for a period of 40 years from the first date of generation of electricity from the development to the grid. Written confirmation of the first date of electricity generation on a commercial basis shall be provided to the Planning Authority no later than one calendar month after that date. 7 Reason: To define the duration of the planning permission. SITE HISTORY 8 14/00877/SCOP On 11 August 2014 for a proposed wind farm development 9 15/00004/PAN On 4 March 2015 for the development of a wind farm with installation of 11 turbines and associated works 10 15/01691/FLM Full planning permission was refused on 15 March 2017 for the erection of 11 wind turbines, control building and ancillary works. This was then granted on appeal to the DPEA. 11 23/00009/PAN On 14 June 2023 for the formation of an energy storage facility, including storage units, ancillary structures, substation compound containing transformers, erection of a control building, security and deer fencing, landscaping and associated works ENVIRONMENTAL IMPACT ASSESSMENT 12 The proposal is EIA development, as it is listed within Schedule 1 of the EIA Regulations. An Environmental Statement has been submitted with the application. PRE-APPLICATION CONSULTATION 13 No formal pre-application consultation was undertaken regarding the submission of a Section 42 application.
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14 The proposed development is classed as a Major development in terms of the Town and Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009; therefore, the applicant was required to undertake formal pre-application consultation with the local community. However, in this instance, the application is to vary Condition 1 of the parent consent (15/01691/FLM ) and, therefore, further community consultation is not required as it has already been undertaken as part of the initial application. DEVELOPMENT PLAN 15 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 16 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. 17 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crisis • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 4: Natural Places • Policy 5: Soils • Policy 11: Energy • Policy 14: Design, Quality and Place • Policy 18: Infrastructure First • Policy 29: Rural Development Perth and Kinross Local Development Plan 2019 18 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. 19 The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 1C: Placemaking • Policy 1D: Placemaking
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• Policy 2: Design Statements • Policy 6: Settlement Boundaries • Policy 8: Rural Business and Diversification • Policy 15: Public Access • Policy 32: Embedding Low & Zero Carbon Generating Technologies in New Development • Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy • Policy 33C: Renewable and Low Carbon Energy: Decommissioning and Restoration of Existing Facilities. • Policy 33D: Renewable and Low Carbon Energy: Spatial Framework for Wind Energy • Policy 38C: Environment and Conservation: Local Designations • Policy 39: Landscape • Policy 41: Biodiversity • Policy 51: Soils • Policy 56: Noise Pollution • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals • Policy 61: Airfield Safeguarding Statutory Supplementary Guidance 20 • Supplementary Guidance - Flood Risk and Flood Risk Assessments (adopted in 2021) • Supplementary Guidance - Forest & Woodland Strategy (adopted in 2020) • Supplementary Guidance - Green & Blue Infrastructure (adopted in 2020) • Supplementary Guidance - Landscape (adopted in 2020) • Supplementary Guidance - Placemaking (adopted in 2020) PKC NON STATUTORY GUIDANCE 21 • 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 22 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 23 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • PAN 61 Planning and Sustainable Urban Drainage Systems • PAN 68 Design Statements
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• PAN 69 Planning and Building standards Advice on Flooding • PAN 75 Planning for Transport Creating Places 2013 24 Creating Places is the Scottish Government’s policy statement on architecture and place. It sets out the comprehensive value good design can deliver. It notes that successful places can unlock opportunities, build vibrant communities and contribute to a flourishing economy and set out actions that can achieve positive changes in our places. National Roads Development Guide 2014 25 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 36 As part of the planning application process the following bodies were consulted: External 37 Scottish Environment Protection Agency (SEPA) - No objection. 38 Historic Environment Scotland (HES) - No objection. 39 Transport Scotland - No objection. 40 NatureScot - No objection. However, NatureScot expects that any extension to the operational life of the wind farm should be accompanied with a revised CEMP that covers the extended duration of 40 years. The CEMP should be in place for the entire duration of the operational life of the wind farm. 41 Ministry of Defence (MoD) - Given that the locations and dimensions of the turbines have not been amended, there are no objections to the proposed Section 42 application, subject to the previously recommended conditions (Conditions 25, 27) being brought forward to this application. 42 National Air Traffic Services - No safeguarding objections to this proposal. 43 Perth & Kinross Heritage Trust (PKHT) - No objection to this proposal. However, the outstanding programme of works archaeological condition still applies and there is still work to be undertaken at the site in advance of construction. 44 Cairngorm National Park Authority (CNPA) - No objection. The Section 42 application is located out-with the park boundary.
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45 Mr Dick Bowdler (Wind Turbine Noise Consultant) - No objection and no comments to make on the noise issues in the application. Internal 46 Structures & Flooding - No objection. However, the applicant is advised to refer to Perth and Kinross Council’s Supplementary Guidance on Flood Risk and Flood Risk Assessment 2021, as it contains advice that is relevant to the proposal. 47 Biodiversity/Tree Officer - No objection, subject to the submission of an updated Habitat Management Plan and an updated Deer Management Plan, to be covered by conditions. 48 Conservation Team - No objection. There are no conservation concerns with the proposed Section 42 application. 49 Development Plan - No objection. The LDP2 and NPF4 both contain provision for the extension of such developments through the modification of conditions. 50 Transportation & Development - No objection to this proposal, subject to the original roads conditions that have not been discharged from application 15/01691/FLM being applied to this application 51 Community Greenspace - No objection and no comments to make on this application REPRESENTATIONS 52 No representations were received. ADDITIONAL STATEMENTS 53 Screening Opinion EIA not required Environmental Impact Assessment (EIA): Environmental Report ES Submitted Appropriate Assessment under Habitats Regulations AA not required Design Statement or Design and Access Statement Submitted Report on Impact or Potential Impact eg Flood Risk Assessment Not required APPRAISAL 54 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,
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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 55 The principle of the overall development approved by the parent application has been previously established through the approval of the extant planning permission (15/01691/FLM). That planning permission being a significant material consideration and therefore the principle of development is well- established and does not require to be reviewed through this S42 application. A site visit by Perth & Kinross Council in October 2024 confirmed that the previous consent has been lawfully implemented by virtue of the appropriate site access and track being constructed. It should be noted that the development could be fully built out and operated for 25 years under extant planning permission 15/01691/FLM. The current application seeks to extend the operational life of the development to 40 years. 56 In a wider context, since the original planning permission decision, there has been a change to the Development Plan through the adoption of LDP2 in 2019 and most recently NPF4 in February 2023. The changes within the Development Plan do not significantly change the way in which the overall development should be considered. The Scottish Government regards the extending the life of existing sites as a form of repowering, as reflected in NPF4. NPF4 Policy 11 ‘Energy’ sets out a positive approach to repowering, recognising the benefits of repowering existing sites and explicitly classifying the current use of a site as a wind farm as a material consideration in the consideration of repowering applications. Furthermore, LDP2 Policy 33B ‘Repowering and Extending Existing Facilities’, is applicable to this proposal as planning permission has already been implemented through the construction of the site access and track. This policy supports the extension of the operating period of the proposed infrastructure so that its permission does not expire before the end of its predicted operational life. 57 Furthermore, NPF4 Policy 11 ‘Energy’, offers conditional support for extending the life of existing wind farms, subject to the listed criteria, noting at criterion (f) that while permissions may be time limited, there is an expectation that areas identified for wind farms are expected to be suitable for use in perpetuity. In addition, NPF Policy 18 expects that existing infrastructure assets are used sustainably, and this would cover the proposed modification, subject to appropriate maintenance. 58 In light of the above, the technical amendment of Condition 1 to allow for an extension to the lifespan of the development, is considered to comply with the general terms of the Development Plan. Nevertheless, consideration must be given to the specific characteristics of the amendment within the context of the application site and whether any adverse impacts are identified. In terms of principle, the proposed Section 42 application is considered to be in
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accordance with the relevant LDP 2 Policies, and NPF4 Policies 2,4,11,14,18, and 29. Natural Heritage and Biodiversity 59 This application is to extend the lifespan of the wind farm from 25 years to 40 years. The original consent required a Habitat Management Plan be submitted to satisfy condition 16 which was provided in 2022. However, the Habitat Management Plan lacks sufficient detail regarding monitoring and given that the lifespan of the development is being increased to 40 years, an updated Habitat Management Plan is required to cover the new lifespan. This being the case, Condition 16 has been updated to require an Updated Habitat Management Plan. In addition, Condition 21 has been updated to ensure that an updated Deer Management Plan is submitted for approval. 60 As a result of further consultation with NatureScot, and in line with Condition 9 of 15/01691/FLM, Condition 9 has been updated to ensure that a revised CEMP is submitted for approval, covering the extended duration of 40 years. The CEMP should be in place for the entire duration of the operational life of the wind farm. Therefore, and subject to the aforementioned conditions, the proposed extension to the wind farm is considered to be in accordance with LDP2 Policy 41 ‘Biodiversity’ and NPF4 Policy 3 ‘Biodiversity’. Visual Impact 61 The overall layout and design of Green Burn Wind Farm has created a visually balanced and coherent layout of turbines when viewed from the surrounding landscape. Furthermore, given the height, spacing and overall appearance of the turbines, there is a satisfactory visual relationship with the turbines at the neighbouring Drumderg Wind Farm. The proposed layout has utilised the contours of the landscape to minimise any adverse visual impact. However, given the number of similar wind farm developments in the surrounding area, it can be said that this use forms a major part of the local landscape character. In light of this, the proposed extension to the lifespan of the development will not, overall result in any significant increase in visual impact. Low and Zero Carbon Generating Technologies 62 LDP2 Policy 32 ‘Embedding Low and Zero Carbon Generating Technology in New Development’ states that proposals for all new buildings will be required to demonstrate that at least 10% of the current carbon emissions reduction set by Scottish Building Standards will be met through the installation and operation of low and zero-carbon generating technologies. As this proposal does not include the erection of any new buildings, Policy 32 does not direct apply to this Section 42 application. Developer Contributions 63 Not applicable to this application.
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VARIATION OF APPLICATION UNDER SECTION 32A 64 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 65 None required. DIRECTION BY SCOTTISH MINISTERS 66 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. Other Matters 67 As part of this application, it is appropriate to consider and review other material considerations and associated conditions in the extant planning permission (15/01691/FLM) given the changes to the Development Plan since that permission was granted. There were 33 planning conditions, and it is good practice, where seeking to approve a S42 application, to review and update conditions to meet current regulations and requirements. Similarly, any conditions that still require to be addressed or adhered to, should remain. The original suite of conditions has therefore been reviewed and updated reflective of the ongoing nature of the development, and the time that has elapsed since the parent consent was granted. CONCLUSION AND REASONS FOR RECOMMENDATION 68 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. RECOMMENDATION Approve subject to the following conditions: Conditions and Reasons for Recommendation 1. The development hereby approved shall be subsist for a period of 40 years from the first date of generation of electricity from the development to the grid. Written confirmation of the first date of electricity generation on a commercial
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basis shall be provided to the Planning Authority no later than one calendar month after that date. Reason: In view of the nature of the proposed development and to enable the Planning Authority to review the circumstances pertaining to the proposal within a reasonable period of time. 2. For the avoidance of doubt, should no further lawful works be commenced within a period of 5 years from the date of this decision notice, then this Section 42 will not be considered to be lawfully implemented. Reason: To clarify the terms of the planning permission. 3. The operators of the development hereby approved shall at all times accord with the details forming the subject of this planning permission in accordance with the approved plans and other supporting information, including the Environmental Statement (ES) and Supplementary Environmental Information (SEI), except as amended by the terms of the approval hereby given and shall not amend the development, including changes to the make, model or colour of the turbines without the prior written consent of the Planning Authority. Reason: To ensure the development is carried out in accordance with the approved drawings and documents. 4. Prior to any development being undertaken, full details of the proposed wind turbines (including, but not limited to, the power rating and sound power levels, the size, type, external finish and colour) and all associated apparatus shall be submitted to and approved in writing by the Planning Authority. The turbines shall be consistent with the candidate turbine or range assessed in the ES/SEI, and the blade tip height shall not exceed 115 metres above ground level. The turbines should be non-reflective pale grey semi-matt in colour. The development shall be constructed and operated in accordance with the approved details and maintained in the approved colour, until such time as the wind farm is decommissioned. All wind turbines blades shall rotate in the same direction. None of the wind turbines, transformer buildings/enclosures, ancillary buildings or above ground fixed plant shall display any name, logo, sign or other advertisement (other than health and safety or operational signage) unless otherwise approved in advance in writing by the Planning Authority. Reason: In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 5. Prior to any development being undertaken, final details of the external appearance, dimensions, surface materials of the sub-station building, associated compounds, any construction compound boundary fencing, external lighting and parking areas shall be submitted to and approved in writing by the Planning Authority. The sub-station building, associated compounds, fencing, external lighting and parking areas shall be constructed in accordance with the approved details.
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Reason: In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 6. All wind turbines, buildings, masts, areas of hardstanding and tracks shall be constructed in the location as shown on the SEI Site Layout Plan Figure 1.2, dated 7 July 2015 (application 15/01691/FLM relates). Wind turbines, buildings, masts, areas of hard standing, tracks and other infrastructure may be adjusted by micro-siting within the site. However, unless otherwise approved in advance in writing with the Planning Authority, micro-siting is subject to the following restrictions: a) the turbines and associated crane pads shall be erected in the positions indicated on the Site Layout Plan, save for the ability to vary the indicated position of any turbine and associated crane pad by up to 50 metres, with any variation in height above ordnance datum (AOD) limited to plus or minus 5 metres under the supervision of the Environment Clerk of Works (ECOW) appointed under condition 8 below. Variation in the position of a turbine and associated crane pad between 50 metres and 100 metres or any variation in AOD from the approved position being greater than 5 metres in height shall only be permitted with the prior written approval of the Planning Authority; b) the internal access tracks shall be constructed in the positions indicated on the Site Layout Plan, save for the ability to vary the indicated position of the track to reflect any micro-siting directly attributed to permitted turbine micro-siting, otherwise by up to 50 metres under the supervision of the ECOW, appointed under condition 8 below. Variation between 50 metres and 100 metres in the position of the approved track which does not directly relate to the permitted turbine micro-siting under condition 6 shall only be permitted with the prior written approval of the Planning Authority; and, c) all micro-siting permissible under this condition must be approved in advance in writing by the ECOW. Reason: In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 7. Prior to any development being undertaken, an updated Site Layout Plan shall be submitted to the Planning Authority indicating the final position of all wind turbines, areas of hardstanding, tracks and associated infrastructure forming part of the development. The Plan should also specify areas where micro- siting has taken place under condition 6 and, for each instance, be accompanied by copies of the ECOW or Planning Authority’s approval, as applicable.
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Reason: In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 8. Prior to any development being undertaken, the Planning Authority shall approve in writing the terms of reference of the appointment of an independent and suitable qualified consultant(s) to act as Environmental Clerk of Works (ECOW) for the site at the developer’s expense. The ECOW shall undertake a watching brief throughout the construction of all roads, cable tracks, compounds, turbine bases and hard standing areas and, in consultation with the Planning Authority, shall have the authority to stop operations or to alter construction methods should there be any works occurring which are having a significant adverse impact on the natural heritage of the site. The ECOW shall have responsibility for the following: a) monitoring compliance with the mitigation works related to the development as set out in the Construction Environment Management Plan (CEMP) at condition 9 below; b) advising the developer on adequate protection of nature conservation interest on the site, including altering construction practices if existing practices are having a significant adverse impact on the natural heritage of the site; c) advising on the acceptability of micro-siting of turbines, tracks or other infrastructure. If any protected species are found on site, the ECOW shall ensure that work is suspended at that location until a protected species protection plan has been prepared and implemented; d) submitting a monthly report for the review of the Planning Authority during construction operations; and, e) the ECOW is required to notify the Planning Authority in writing, and copied to the developer, at the earliest practical opportunity if: i. there has been a requirement to stop or alter works in relation to this condition; and, ii. it is considered that there has been a non-compliance within the terms of the deemed planning permission and the conditions attached to it. The ECOW shall be appointed on the approved terms of reference throughout the period beginning no later than two weeks prior to the commencement of the development to completion of post construction restoration works. Reason: In the interest of proper site management and to protect the character of the countryside, the visual amenity of the area and nature conservation interests. 9. Prior to any development being undertaken, a revised Construction and Environmental Management Plan (CEMP), covering the revised period of 40 years, and outlining site specific details of all on-site construction works, post construction reinstatement works, drainage and mitigation, together with
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details of their timetabling, shall be submitted to, and approved in writing by, the Planning Authority. The CEMP shall include, but not be limited to: a) a site waste management plan to address all aspects of waste produced during the construction period, other than peat, including details of contingency planning in the event of accidental release of materials which could cause harm to the environment; b) details of the formation of the construction compounds, welfare facilities, any areas of hardstanding, turning areas, internal access tracks, car parking, material stockpiles, oil storage, lighting columns, and any construction compound boundary fencing; c) a dust management plan; d) site specific details for the management and operation of any concrete batching plant, including the disposal of pH rich waste water substances. The concrete batching plant should be a closed system and located within a site compound; e) details of measures to be taken to prevent loose or deleterious material being deposited on the local road network, including wheel cleaning and lorry sheeting facilities and measures to clean site entrances and the adjacent local road network; f) a pollution prevention and control method statement; g) a soil storage and management plan; h) a peat management plan, which shall include details of vegetated turf stripping and storage, peat extraction (including volumes), handling, storage and re-use; i) a drainage management strategy, demonstrating how all surface and waste water arising during and after development will be managed and prevented from polluting any watercourses or source; j) a surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains and the location of settlement lagoons for silt laden water; k) a sewage disposal and treatment plan; l) details of temporary site illumination; m) details of the construction of the accesses into the site and the creation and maintenance of associated vision splays; n) the method of crane pad construction;
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o) the method of turbine foundation construction; p) the method of working for cable trenches; q) the method of wind turbine construction and erection; r) details of watercourse crossings; s) details of post-construction / reinstatement of the working areas not required during the operation of the development, including construction access tracks, construction compounds, storage areas, laydown areas, access tracks, passing places and other construction areas. Wherever possible, reinstatement is to be achieved by the careful use of turfs removed during construction works. Details shall also include all seed mixes proposed to be used for the reinstatement of surface vegetation, which should be sourced locally; t) a wetland ecosystems survey and mitigation plan; u) a Habitat Management Plan, as required by condition 16; v) measures to ensure that the temporary storage of all materials, whether excavated or required for construction purposes, are stored on the side of an excavation away from Special Areas of Conservation (SAC), where practicable or optimal given other environmental considerations; w) details of the temporary fencing to be erected on the SAC side of turbine WTG3 construction area; which is required to prevent plant machinery and materials straying close to the SAC. The fence should be a minimum 100 metres from the edge of the SAC. Turbines and tracks must be located at least 50 metres from the boundary of the SAC; and, x) details of required interceptor drainage, or other devices, to be used between the construction area and the SAC, so as to divert any silt laden water away from the SAC. In addition, details of measures required to avoid silted run-off reaching the watercourse to the north of turbine 3. Any drains cut for these purposes to be restored post-construction; The development shall be implemented thereafter in accordance with the approved CEMP unless otherwise approved in advance in writing by the Planning Authority. Reason: In the interests of protecting environmental quality and of biodiversity; to ensure no adverse impact on River Tay and its Special Area of Conservation designation. 10. Construction work which is audible from any noise-sensitive receptor shall only take place on the site between the hours of 07.00 and 19.00 Monday to Saturday inclusive, with no construction work taking place on Sundays or national public holidays. Outwith these specified hours development on the
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site shall be limited to turbine erection, maintenance, emergency works, dust suppression, and the testing of plant and equipment, unless otherwise approved in advance in writing by the Planning Authority. HGV movements to and from the site (excluding abnormal loads) during construction of the wind farm shall only take place between the hours of 07.00 to 19.00 Monday to Friday and 07.00 to 16.00 on Saturdays, with no HGV movements to and from the site taking place on Sundays or national public holidays. Reason: In order to safeguard the residential amenity of the area. 11. Prior to any development being undertaken, the developer shall submit for the written approval of the Planning Authority a Construction Traffic Management Scheme (TMS). The TMS shall include: a) the restriction of construction traffic to approved routes and the measures to be put in place to avoid the use of other routes; b) the travel times of construction traffic in order to minimise its impact on local communities, particularly at the start and end of the school day, on days when refuse collection is undertaken, during local events and on Sundays; c) a code of conduct for HGV drivers to allow queuing traffic to pass; d) arrangements to be put in place to ensure liaison between the council, as Roads Authority, and the developer regarding the winter maintenance of roads; e) emergency measures detailing communication and contingency arrangements in the event of vehicle breakdown; f) arrangements for the cleaning of wheels and chassis of vehicles to prevent material from construction sites associated with the development being deposited on the road; g) arrangements for the cleaning of roads affected by material deposited from construction sites associated with the development; h) arrangements for signage at site accesses and crossovers and on roads to be used by construction traffic; i) details of information signs to inform other road users of construction traffic movements; j) arrangements to ensure that access for emergency services are not impeded; k) co-ordination with other major commercial users known to use the roads affected by construction traffic;
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l) monitoring, reporting and implementation arrangements; and, m) arrangements for dealing with the non-compliance of matters highlighted in clauses a) to l) above. The TMS, as approved, shall be strictly adhered to throughout the construction phase of the development all to the satisfaction of the council as Planning Authority Reason: In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary. 12. Prior to the commencement of abnormal load deliveries to the site, the proposed route for any abnormal loads on the trunk road network must be approved by the trunk roads authority prior to its movement. Any accommodation measures required on the trunk road network, including the removal of street furniture, junction widening, traffic management must also be approved by the trunk roads authority. Reason: In the interests of road safety. 13. During the delivery period of wind turbine construction materials, any additional signage or temporary traffic control measures deemed necessary on the trunk road network due to the size or length of any loads being delivered or removed must be undertaken by a recognised QA traffic management consultant, to be approved by Transport Scotland before deliveries commence. Reason: In the interests of road safety. 14. Prior to any development being undertaken, a specification for the proposed Northern access shall be submitted to the Council as Planning Authority for written approval. Thereafter, the agreed scheme shall be constructed in accordance with the submitted drawings, prior to the delivery of any turbine components. Reason: In the interests of road safety; to ensure the provision of adequate visibility of the vehicular access 15. Prior to any development being undertaken, a scheme providing for (i) remedial work as required as a result of damage to the local road network directly attributable to the construction of the wind farm and (ii) pre- / post- construction surveys of the local road network shall be submitted to and approved in writing by the Planning Authority. The scheme shall be implemented as agreed. Reason: In the interests of road safety; to ensure an acceptable standard of construction within the public road boundary.
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16. Prior to any development being undertaken, the developer shall submit an Updated Habitat Management Plan to the Planning Authority for its written approval. The Habitat Management Plan shall set out measures for the management of habitats within the wind farm site during the periods of construction, operation, decommissioning, restoration and aftercare. The Plan shall also provide for the maintenance, monitoring and reporting of species in the area as appropriate and required. The Updated Habitat Management Plan shall make provision for the regular monitoring and review of species and their habitats and allow for the consideration of amendments to better meet the objectives of the Plan. In particular, the Updated Habitat Management Plan shall be updated to reflect the findings of ground condition surveys to be undertaken following construction of the turbines and prior to the first date of generation of electricity from the development to the grid. Unless otherwise agreed in writing with the Planning Authority, the approved Updated Habitat Management Plan shall be first implemented in the 6 months preceding the commencement of development and thereafter throughout the operational life of the development, in accordance with timescales specified in the approved Updated Habitat Management Plan. 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 any development being undertaken, details of the pre-construction survey work for legally protected species (other than birds which are to be surveyed in accordance with condition 18) shall be submitted to and approved in writing by the Planning Authority. The details to be approved shall include: a) the species to be surveyed; and, b) the areas to be surveyed (including all areas directly affected by construction activity, together with appropriate species specific buffers in order to identify any species that may be disturbed by construction activity and to allow for the micro siting of turbines where necessary). The surveys shall be carried out as approved at an appropriate time of year for each species and prior to construction works taking place. The species to be surveyed shall include, but not limited to, wild cat and otter. A watching brief should also be undertaken by the ECOW during construction activities should new species habitats be identified. The Planning Authority shall thereafter approve in writing any species protection plans as required, with reference to information contained in the ES, SEI and pre-construction surveys. Reason: In the interests of protecting environmental quality and of biodiversity. 18. Prior to any development being undertaken, a specification and timetable for a pre-construction bird survey, in respect of protected species and the nests of any breeding birds on the site shall be submitted to and approved in writing by
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the Planning Authority. The surveys shall be undertaken by a qualified ecologist in accordance with the approved specification and timetable in the breeding season preceding the commencement of site preparation and construction works. The results of the surveys, and a programme of any consequential mitigation measures that may be required, including a timetable for their implementation, shall be submitted to and approved in writing by the Planning Authority prior to any works associated with the development taking place. The programme of mitigation measures shall be implemented as approved under the supervision of a qualified ecologist all to the satisfaction of the Planning Authority. Reason: In the interests of protecting environmental quality and of biodiversity. 19. Prior to any development being undertaken, a specification and timetable for a post construction monitoring survey of Black Grouse shall be submitted to and approved in writing by the Planning Authority. The survey shall be undertaken by a qualified ecologist in accordance with the approved specification and timetable. The survey results, a programme of any consequential mitigation measures that may be required, including a timetable for their implementation, shall be submitted to the Planning Authority for its written approval within 2 months of the completion of the survey work. The programme of mitigation measures shall be implemented as approved under the supervision of a qualified ecologist all to the satisfaction of the Planning Authority. Reason: In the interests of protecting environmental quality and of biodiversity. 20. No works, including the construction of turbines and access tracks and decommissioning works shall be undertaken within 750 metres of any Black Grouse lek before 9 am during the black grouse breeding season; March and April. Reason: In the interests of protecting environmental quality and of biodiversity. 21. Prior to any development being undertaken, an updated Deer Management Plan shall be submitted to and approved in writing by the Planning Authority. The Updated Deer Management Plan shall set out measures for the long-term management of deer using the wind farm site and shall provide for the monitoring of deer numbers on the site from the commencement of development until the completion of site restoration works. The approved Updated Deer Management Plan shall thereafter be implemented in full. Reason: In the interests of protecting environmental quality and of biodiversity. 22. No development shall take place within the area outlined in red as shown on the approved SEI Site Layout Plan Figure 1.2, dated 7 July 2015, of
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application 15/01691/FLM, until a programme of archaeological works has been submitted to and approved in writing by the Planning Authority. Thereafter the developer shall ensure that the programme of archaeology works is fully implemented. Reason: In the interests of protecting environmental quality and of biodiversity. 23. Prior to any development being undertaken, measures for the avoidance or mitigation of any shadow flicker experienced by residential or commercial properties situated within 10 rotor diameters of any turbine forming part of the development and which lawfully exists or for which planning permission has been granted at the date of this planning permission shall be submitted to, and approved in writing by, the Planning Authority. The approved mitigation measures shall thereafter be implemented in full. Reason: In order to safeguard the residential amenity of the area. 24. Prior to any development being undertaken, a Television Reception Mitigation Plan shall be submitted to, and approved in writing by, the Planning Authority. The Television Reception Mitigation Plan shall establish a baseline level of television reception prior to the installation of any turbine forming part of the development, the results of which shall be submitted to the Planning Authority. The approved Television Reception Mitigation Plan shall thereafter be implemented in full. Any claim by any individual person regarding television picture loss or interference at their house, business premises or other building, made during the period from the installation of any turbine forming part of the development to the date falling twelve months after the date of final commissioning, shall be investigated by a qualified engineer appointed by the developer, the results of which shall be submitted to the Planning Authority. Should any impairment to the television signal be attributable to the development, the developer shall remedy such impairment so that the standard of reception at the affected property, or properties, is equivalent to the baseline television reception established in the Television Reception Mitigation Plan. Reason: In order to safeguard the residential amenity of the area. 25. Prior to any development being undertaken, the developer shall provide to the Planning Authority, Ministry of Defence, Defence Geographic Centre and NATS the following information, and has provided evidence to the Planning Authority of having done so: a) the date of the expected commencement and conclusion of each phase of construction; b) the maximum height above ground level of the tallest structure forming part of the development; c) the maximum extension height of any construction equipment; and d) the position of the turbines in latitude and longitude.
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Reason: In the interest of protecting the safety of airports 26. On completion of the development, the developer shall notify the Ministry of Defence of the final latitude, longitude and elevation of each turbine should it be different to that information provided in condition 25. Reason: In the interest of protecting the safety of airports 27. Prior to the erection of the first turbine, the developer shall submit to the Planning Authority for its written approval a scheme for the installation of Ministry of Defence accredited aviation safety lighting. The scheme shall include details of the infra-red aviation lighting to the applied. No lighting other than that described in the scheme may be installed at the site, other than that required for health and safety purposes. All perimeter turbines should be fitted with 25 candela omni-directional red lighting or infrared lighting with an optimised flash pattern of 60 flashes per minute of 200-500 milliseconds duration at the highest practicable point. Thereafter the development shall be operated in accordance with the approved scheme. Reason: In the interests of visual and residential amenity; to ensure a satisfactory standard of local environmental quality 28. If one or more turbines fail to generate electricity for a continuous period of 12 months, then unless otherwise agreed in writing by the Planning Authority, no later than the date of expiration of the 12 month period, the developer shall: (i) by no later than six months from the date of expiration of the 12 month period, submit a scheme to the Planning Authority setting out how the relevant turbines(s) and associated infrastructure will be removed from the site and the ground restored; and (ii) implement the approved scheme within six months of the date of its approval, all to the satisfaction of the Planning Authority Reason: In the interest of proper site management. 29. The development shall be decommissioned and will cease to generate electricity by no later than the date falling 40 years from the first date of generation of electricity from the development to the grid. The total period for restoration of the site in accordance with this condition shall not exceed three years from the date falling 40 years from the first date of generation of electricity from the development to the grid without the prior written approval of the Planning Authority. No development shall take place until a strategy for the decommissioning, restoration and aftercare of the site has been submitted to and approved in writing by the Planning Authority. The strategy shall describe measures for the decommissioning of the development, restoration and aftercare of the site and shall include, without limitation, proposals for the removal of the above ground elements of the development, the treatment of ground surfaces, the management and timing of the works, and environmental management provisions. No later than one year prior to the decommissioning of the development or the expiration of this planning
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permission (whichever is the earlier) a detailed Decommissioning, Restoration and Aftercare Plan, based upon the approved decommissioning, restoration and aftercare strategy shall be submitted to the Planning Authority for its written approval. The detailed Decommissioning, Restoration and Aftercare Plan shall provide updated and detailed proposals for the removal of the development, the treatment of ground surfaces, the management and timing of the works, and environmental management provisions, including: a) a site waste management plan, dealing with all aspects of waste produced during each phase of decommissioning, restoration and aftercare; b) details of the formation of the compound(s), welfare facilities, any area of hardstanding, turning areas, internal access tracks, car parking, material stockpiles, oil storage, lighting columns, and any compound boundary fencing; c) a dust management plan; d) details of the 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 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) soil storage and management; g) a surface water and groundwater management and treatment plan, including details for the separation of clean and dirty water drains and the location of settlement lagoons for silt laden water; h) sewage disposal and treatment; i) temporary site illumination; j) the construction of any temporary access into the site and the creation and maintenance of associated visibility splays; k) details of watercourse crossings; and, l) a species protection plan based on surveys for protected species (including birds) carried out no longer than 18 months prior to the submission of the species protection plan. The development shall be decommissioned, restored and cared for thereafter in accordance with the approved plan, unless otherwise agreed in writing in advance with the Planning Authority.
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Reason: To ensure the turbines are removed from the site at the end of their operational life, and to protect the character of the countryside, the visual amenity of the area and nature conservation interests. 30. No later than one year prior to the decommissioning of the development or the expiration of this planning permission (whichever is the earlier) the Planning Authority shall approve in writing the terms of reference for the appointment of an independent and suitably qualified consultant(s) to act as Environmental Clerk of Works (ECOW) to oversee the decommissioning, restoration and aftercare of the site. The appointment of the ECOW shall be at the developer’s expense. The ECOW shall undertake a watching brief throughout the decommissioning phase of the development, the restoration of the site and its aftercare and shall have authority to stop operations or alter the means of decommissioning, restoration and aftercare should there be any works occurring which are having a significant adverse impact on natural heritage. The ECOW shall have responsibility for the following: a) monitoring compliance with the measures set out in the approved Decommissioning, Restoration and Aftercare Plan at condition 29; b) advising the developer on adequate protection of nature conservation interest on the site, including altering decommissioning, restoration or aftercare practices if existing practices are having a significant adverse impact on the natural heritage of the site; c) advising on the acceptability of the siting of compounds, welfare facilities, any area of hardstanding, turning areas, internal access tracks, car parking, material stockpiles, oil storage, lighting columns, and any compound boundary fencing infrastructure. If any protected species are found on site, the ECOW shall ensure that work is suspended at that location until a protected species protection plan has been prepared and implemented; d) submitting a monthly report for the review of the Planning Authority during decommissioning, restoration and aftercare operations; and, e) the ECOW is required to notify the Planning Authority in writing, and copied to the developer, at the earliest practical opportunity if: i. there has been a requirement to stop or alter works in relation to this condition; and, ii. it is considered that there has been non-compliance within the terms of the deemed planning permission and the conditions attached to it. The ECOW shall be appointed on the approved terms of reference throughout the period beginning no later than two weeks prior to the commencement of decommissioning, restoration and aftercare works.
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Reason: To ensure the turbines are removed from the site at the end of their operational life, and to protect the character of the countryside, the visual amenity of the area and nature conservation interests. 31. Prior to any development being undertaken, the developer shall deliver to the Planning Authority a bond or other form of financial guarantee, in terms acceptable to the Planning Authority, which secures the cost of performance of all decommissioning, restoration and aftercare obligations set out in condition 29. The financial guarantee shall thereafter be maintained in favour of the Planning Authority until the date of completion of decommissioning, restoration and aftercare obligations set out in condition 29. The value of the financial guarantee shall be determined by a suitably qualified independent professional as being sufficient to meet the costs of all decommissioning, restoration and aftercare obligations contained in condition 29. The value of the financial guarantee shall be reviewed by a suitably qualified independent professional no less than every five years and increased or decreased to take account of any variation in costs of compliance with decommissioning, restoration and aftercare obligations and best practice prevailing at the time of each review to the satisfaction of the Council as Planning Authority. Reason: To ensure that at all times there are sufficient funds available to ensure that the removal of all development and site restoration can occur. 32. Prior to any development being undertaken, a community liaison group consisting of the developer, the Planning Authority and Community Councils identified by the Planning Authority shall be established in order to communicate and update on changes to the Construction Traffic Management Schem (CTMS) as agreed by the Planning Authority. Reason: to ensure that the local community is kept informed on the scheduled timing of abnormal loads and routing of construction traffic during the course of construction works. 33. The rating level of noise immissions from the combined effects of the wind turbines hereby permitted (including the application of any tonal penalty and amplitude modulation (AM) penalty), when determined in accordance with the attached Guidance Notes, shall not exceed the values for the relevant integer wind speed set out in or derived from tables 1 and 2 attached to this condition and:
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Table 1: Green Burn Only Daytime Noise Limit LA90 (dB)
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Table 2: Green Burn Only Night-time Noise Limit LA90 (dB) Wind Speeds (m/s) a) prior to the commencement of work on the site the wind farm operator shall submit to the Planning Authority for its written approval a method statement describing how the selected turbines will meet the conditional limits including details of any mitigation necessary; b) within 21 days from receipt of a written request from the Planning Authority, following a complaint to it alleging noise disturbance at a dwelling, the wind farm operator shall, at its expense, employ a suitably qualified independent consultant and provide a written protocol for the approval of the Planning Authority. The protocol shall describe the procedure to assess the level and character of noise immissions from the wind farm at the complainant’s property in accordance with the procedures set out in the Guidance Notes below. The written request from the Planning Authority shall set out as far as it is possible the time or metrological conditions to which the complaint relates and time or conditions relating to tonal noise or AM if applicable. Measurements to assess compliance with the noise limits shall be undertaken in
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accordance with the assessment protocol which shall be approved in writing by the Planning Authority; c) the wind farm operator shall provide to the Planning Authority the independent consultant’s assessment of the rating level of noise immissions undertaken in accordance with the protocol within 2 months of the date of the approval of the protocol by the Planning Authority, unless otherwise agreed by the Planning Authority. The assessment shall include all data collected for the purposes of undertaking the compliance measurements and analysis, such data is to be provided in a format to be agreed with the Planning Authority. Certificates of calibration of the equipment shall also be submitted to the Planning Authority with the report; and d) where a further assessment of the rating level of noise immissions from the wind farm is required pursuant to Guidance Note 5 of the attached Guidance Notes, the wind farm operator shall submit a copy of the further assessment within 21 days of the submission of the independent consultant’s initial assessment, unless otherwise agreed by the Planning Authority. Reason: to protect the amenity of local residents. Guidance Notes in respect of Noise Condition 33 These notes are to be read with and form part of the noise condition 33. The measured data is to be split into bins as described below. The rating level in each bin is the arithmetic sum of the wind farm noise level, any tonal penalty applied in accordance with Note 3 and any AM penalty applied in accordance with Note 4. 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). IOAGPG is ‘A Good Practice Guide to the Application of ETSU-R-97 for the Assessment and Rating of Wind Turbine Noise’ or any update of that report current at the time of measurement. The IOA Metric is ‘A Method for Rating Amplitude Modulation in Wind Turbine Noise’, dated 9 August 2016 or any update of that current at the time of measurement. Note 1 – Data Collection a) Values of the LA90, 10-minute noise index should be measured in accordance with the IOAGPG. Measurements shall be undertaken in such a manner to enable a tonal penalty to be calculated and to allow an AM penalty to be calculated for selected periods where a tonal or AM assessment is required; and, b) To enable compliance with the condition to be evaluated, the wind farm operator shall continuously log arithmetic mean wind speed in metres per second (m/s) and arithmetic mean wind direction in metres from north in each successive 10-minutes period in a manner to be agreed in writing with the
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Planning Authority. The wind speed at turbine hub height shall be
'standardised' to a reference height of 10 metres as described in ETSU-R-97
at page 120 using a reference roughness length of 0.05 metres. It is this
standardised 10 metre height wind speed data which are correlated with the
noise measurements determined as valid. The wind farm operator shall
continuously log arithmetic mean nacelle anemometer wind speed, arithmetic
mean nacelle orientation, arithmetic mean wind direction as measured at the
nacelle and whether each wind turbine is running normally during each
successive 10-minutes period for each wind turbine on the wind farm. All 10-
minute periods shall commence on the hour and in 10-minute increments
thereafter synchronised with Universal Time (UT).
Note 2 – Data Analysis
a) The independent consultant shall identify a sub-set of data having had regard
to:
• the conditions (including time of day and corresponding wind directions
and speeds) at times in which complaints were recorded;
• the nature/description recorded in the complaints if available;
• information contained in the written request from the local Planning
Authority;
• likely propagation effects (downwind conditions or otherwise);
• the results of the tonality/AM analysis where relevant. In cases where it is
possible to identify patterns of clearly different conditions in which
complaints have arisen, additional sub-sets may be considered provided
this does not introduce unreasonable complexity in the analysis and can
be justified by the independent consultant. b) Within each of sub-set(s) of
data identified, data shall be placed into separate 1 m/s wide wind speed
bins.
Note 3 – Tonal Penalty
a) Where, in accordance with the protocol, the noise contains or is likely to
contain a tonal component, a tonal audibility shall be calculated for each ten-
minute period using the following procedure;
b) For each 10-minute period for which a tonal assessment is required this 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");
c) For each of the 2-minute samples the tone level above audibility shall be
calculated by comparison with the audibility criterion given in Section 2.1 on
pages 104 -109 of ETSU-R-97. Samples for which the tones were below the
audibility criterion or no tone was identified, a value of zero audibility shall be
substituted; and,
d) The tone level above audibility for each ten-minute period shall be placed in
the appropriate data sub-set and wind speed bin.Page 28
Note 4 – AM Penalty a) Where, in accordance with the protocol, the noise contains or is likely to contain AM, an AM penalty shall be calculated for each ten-minute period using the following procedure; and, b) For each 10-minute interval for which an AM assessment is required this shall be performed in accordance with The IOA Metric. The value of AM for each ten-minute period shall be converted to a penalty in decibels in accordance with the graph below and shall be placed in the appropriate data sub-set and wind speed bin. Note 5 – Calculation of Rating Level a) The LA90 sound pressure level for each data sub-set and wind speed bin is the average of all the 10 minute sound pressure levels within that data sub-set and wind speed bin except where data has been excluded for reasons which should be clearly identified by the independent consultant. The tonal penalty for each bin is the average of the separate 10-minute tonal audibility levels in the bin converted to a penalty in accordance with Fig 17 on page 104 of ETSU-R-97. The AM penalty for each bin is the average of the AM penalties in the bin. The assessment level in each bin is the arithmetic sum of the bin LA90, the bin tonal penalty and the bin AM penalty; b) If the assessment level in every bin lies at or below the values set out in the Table(s) attached to the conditions then no further action is necessary. In the event that the assessment level is above the limit(s) set out in the Tables attached to the noise conditions in any bin, 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; and,
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c) The wind farm operator shall ensure that all the wind turbines in the development are turned off for such periods as the independent consultant requires to undertake the further assessment. The further assessment shall be undertaken in accordance with the following steps: i. Repeating the steps in Note 1, with the wind farm switched off, and determining the background noise (L3) in each bin as required in the protocol. At the discretion of the consultant and provided there is no reason to believe background noise would vary with wind direction, background noise the background noise in bins where there is insufficient data can be assumed to be the same as that in other bins at the same wind speed. ii. The wind farm noise (L1) in each bin shall then be calculated as follows where L2 is the measured level with turbines running but without the addition of any tonal nor AM penalty: iii. The rating level shall be calculated by adding the tonal and AM penalties to the derived wind farm noise L1 in that bin. iv. If the rating level after adjustment for background noise contribution and adjustment for tonal and AM penalties in every bin lies at or below the values set out in the Tables attached to the condition at all wind speeds then no further action is necessary. If the rating level at any integer wind speed exceeds the values set out in the Table(s) attached to the condition then the development fails to comply with the planning condition in the circumstances represented by that bin. Reason: In the interests of amenity and to prevent undue noise from the wind farm. 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. INFORMATIVES 1. As soon as practicable after the development is complete, the person who completes the development is obliged by section 27B of the Town and
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Country Planning (Scotland) Act 1997 (as amended) to give the planning authority written notice of that position. Please use the form attached herewith. 2. 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: No letters of representation Contact Officer: Alan Atkins Date: 1 November 2024 DAVID LITTLEJOHN STRATEGIC LEAD: ECONOMY, DEVELOPMENT AND PLANNING