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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;

Page 16

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.

Page 17

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

Page 18

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

Page 19

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.

Page 20

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

Page 21

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.

Page 22

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.

Page 23

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:

Page 24

Table 1: Green Burn Only Daytime Noise Limit LA90 (dB)

Page 25

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

Page 26

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

Page 27

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,

Page 29

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

Page 30

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