23/00005/Consul
Perth and Kinross Council · 13 March 2024
Back to Planning and Placemaking Committee — 13 March 2024 and its agenda
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Perth and Kinross Council Planning and Placemaking Committee – 13 March 2024 Consultation Paper by Strategic Lead - Economy, Development & Planning (Report No. 24/73) PROPOSAL: Erection of a 450MW Battery Storage System and associated infrastructure LOCATION: Haughend Farm, Meigle, Blairgowrie, PH12 8RJ Ref. No: 23/00005/CONSUL ECU Reference : ECU00004631 Ward No: P2- Strathmore Summary Perth and Kinross Council has been consulted by the Scottish Government’s Energy Consents Unit (ECU) on the proposed erection of a 450MW Battery Energy Storage System and associated infrastructure at Haughend Farm, Meigle. The findings of this report recommends that the Council does not object to the proposal and recommends conditions for the acceptable development of the site during its construction and operation. BACKGROUND AND DESCRIPTION OF PROPOSAL 1 The purpose of the report is to make members aware of the relevant planning considerations relating to the development. Following consideration of these matters the Council must advise the Scottish Government whether it objects to the application. An objection by the Council will trigger the requirement for a public inquiry to be held to consider the application. 2 The site lies within Haughend Farm, approximately 2km north of Meigle and 4km south-east of Alyth. The site is an existing field of approximately 31.5 acres and located adjacent to the Scottish and Southern Electricity Networks (SSEN) ongoing substation development. The SSEN substation is a key link element of the ‘Keith to Kincardine 400kV East Coast Reinforcement Project’, identified as a National Development within National Planning Framework 4 (NPF4). Planning permission was granted for the substation in June 2020 (19/01747/FLN). 3 The proposal is for a 450MW Battery Energy Storage System (BESS) which will, as a minimum, store and supply 657,000,000 kWh of electricity per year as an enabling technology for renewable generation. The BESS development, will consist of 354 battery storage units, 236 invertors, 118 transformers, and a switchgear unit and substation building. The site will be secured by 3m high
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gates and fencing with associated CCTV cameras and lighting. The battery units measure 6.1m x 2.4m x 2.9m (height) with inventors units measuring 3m x 2.12m x 2.3m (height). An access track from the farm road and within the development site will be utilised for installation and then periodically for maintenance. 4 The units housing the batteries are secure and designed to protect the contents from the elements. Each of the battery storage units are fitted with fire-resistant insulation as well as fans acting as automatic cooling systems. Pre-Application Consultation 5 A drop-in meeting was held at Alyth Town Hall on 16 August 2022 from 2pm – 6pm. Members of the community and interested parties were invited to gain information relating to the proposed development. A mail drop, reaching over 200 residences within approximately 2km of the development was sent out 10 days prior to the meeting and a notice was published in The Perthshire Advertiser on 9 August 2022. Furthermore, notice was given by email to local Community Groups, Ward 2 (Strathmore) Councillors, MSP’s and MP’s for the area. A dedicated website was also established www.alythbess.com NATIONAL POLICY AND GUIDANCE 6 The Scottish Government expresses its planning policies through The National Planning Framework, the Scottish Planning Policy, Planning Advice Notes, Creating Places, Designing Streets, National Roads Development Guide and a series of Circulars. National Planning Framework 4 7 The National Planning Framework 4 (NPF4) was adopted on 13 February 2023. NPF4 has an increased status over previous NPFs and comprises part of the statutory development plan. 8 The Council’s assessment of this application has considered the following policies of NPF4: • Policy 1: Tackling the Climate and Nature Crisis • Policy 2: Climate Mitigation and Adaptation • Policy 3: Biodiversity • Policy 5: Soils • Policy 7: Historic Assets and Places • Policy 11: Energy • Policy 13: Sustainable Transport • Policy 14: Design, Quality and Place • Policy 18: Infrastructure First • Policy 22: Flood Risk and Water Management • Policy 29: Rural Development
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Other Planning Advice and Guidance 9 The following Scottish Government Planning Advice Notes (PANs) and Guidance Documents are of relevance to the proposal: • Energy Storage: Planning Advice DEVELOPMENT PLAN 10 The Development Plan for the area comprises NPF4 (as mentioned above) and the Perth and Kinross Local Development Plan 2 (2019). Perth and Kinross Local Development Plan 2 11 The Local Development Plan 2 (2019) (LDP2) sets out a vision statement for the area and states that, “Our vision is of a Perth and Kinross which is dynamic, attractive and effective which protects its assets whilst welcoming population and economic growth.” It is the most recent statement of Council policy and is augmented by Supplementary Guidance. 12 The principal relevant policies are, in summary: • Policy 1A: Placemaking • Policy 1B: Placemaking • Policy 26A: Scheduled Monuments and Archaeology: Scheduled Monuments • Policy 26B: Scheduled Monuments and Archaeology: Archaeology • Policy 33A: Renewable and Low Carbon Energy: New Proposals for Renewable and Low-Carbon Energy • Policy 33B: Renewable and Low Carbon Energy: Repowering and Extending Existing Facilities • Policy 33C: Renewable and Low Carbon Energy: Decommissioning and Restoration of Existing Facilities • Policy 35: Electricity Transmission Infrastructure • Policy 41: Biodiversity • Policy 47: River Tay Catchment Area • Policy 50: Prime Agricultural Land • Policy 51: Soils • Policy 52: New Development and Flooding • Policy 53A: Water Environment and Drainage: Water Environment • Policy 53C: Water Environment and Drainage: Surface Water Drainage • Policy 55: Nuisance from Artificial Light and Light Pollution • Policy 56: Noise Pollution • Policy 60B: Transport Standards and Accessibility Requirements: New Development Proposals
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OTHER POLICIES • Supplementary Guidance - Renewable & Low Carbon Energy • Supplementary Guidance - Flood Risk and Flood Risk Assessments • Planning Guidance - Planning & Biodiversity SITE HISTORY 13 11/00005/PAN Formation of a 6 hectare 275/400KV substation, including site access, site drainage, landscaping and construction of laydown areas. The proposed approach to public consultation was confirmed as sufficient on 17 May 2011. 14 12/00948/FLM Erection of a new 400/275KV electricity substation and associated works including landscaping and access tracks. Planning permission was approved by Full Council, and a decision notice issued on 19 December 2012. 15 12/01393/FLL Erection of tower and timber structures. Planning permission was approved on 15 October 2012. 16 13/00858/OHL Installation of East Coast 400kv reinforcement project. Scottish Government consultation request. No objection lodged on 26 June 2013. 17 14/01915/FLL Road widening, formation of stairs and demolition of railway bridge. Planning permission was approved on 23 December 2014. 18 14/01949/FLM Renewal of permission (12/00948/FLM) erection of a new 400/275KV electricity substation and associated works including landscaping and access tracks. Planning permission was approved by Full Council (February 2015) and a decision notice issued on 3 March 2015. 19 18/00200/FLN Section 42 application to modify condition 3 (landscaping) of planning permission 12/00948/FLM was approved by Full Council and a decision notice issued on 20 June 2018. 20 19/00921/SCRN An EIA Screening Opinion was sought in relation to the construction of a new 275/400kV Substation and access track. This saw PKC confirm that it considered that no EIA was required in August 2019. 21 19/00003/PAN Erection of a substation, ancillary buildings and infrastructure, formation of hardstanding, access track, landscaping and associated works. The proposed approach to public consultation was confirmed as sufficient on 5 August 2019. 22 19/01685/FLL Improvement works to widen road, demolition of historic railway bridge, formation of embankments and associated works. Planning permission was approved on 9 January 2020.
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23 19/01747/FLN Installation of an electricity substation, supporting infrastructure, landscaping and associated works. Planning permission was approved by Full Council and a decision notice issued on 26 June 2020. CONSULTATIONS 24 As the Council as a corporate body are consultees to the proposal, internal consultations were sought from the following services to ensure a holistic consideration and response: Internal 25 Biodiversity - No objections. Conditions recommended for updated ecological survey work, a Species Protection Plan for Osprey, a Landscaping Plan detailing biodiversity enhancement measures and the requirement to appoint an Ecological Clerk of Works (ECoW). 26 Environmental Health (Contaminated Land) - No objections. No concerns regarding ground conditions. 27 Environmental Health (Noise and Odour) - No objections. Conditions recommended to control noise, construction hours and external lighting. 28 Flooding and Structures - No objections. Initial concerns in relation to the siting of some of the infrastructure within the 1 in 200 year, plus climate change event, flood extent area. However, mitigation is proposed that will raise the development infrastructure in this area above the fluvial flood level, on stilts or concrete plinths with a 0.6m freeboard. Flooding and structures are satisfied with this method of mitigation. 29 Perth and Kinross Heritage Trust (PKHT) - No objection. The site lies in an area of high archaeological potential. Scheduled Monument SM7263 lies directly within the site. Conditions are recommended for a programme of archaeological works as well as protective fencing around the Scheduled Monument. 30 Transportation and Development - No objections. Conditions recommended requiring passing places, necessary roads consents and a Construction Traffic Management Plan. 31 These issues are addressed in the Considerations section of the report below. CONSIDERATIONS 32 Schedule 8 to Section 36 of the Electricity Act 1989 requires the Scottish Government, as the appropriate authority, to serve notice of the application on the Council as the relevant planning authority. The Council are required to consider the proposal in accordance with the provisions of the Development Plan unless material considerations indicate otherwise.
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33 The Development Plan comprises NPF4 and the Perth and Kinross Local Development Plan 2019. The relevant policy considerations are outlined in the policy section above and are considered in more detail below. In terms of other material considerations, this involves considerations of the Council’s other approved policies and supplementary guidance. Principle 34 NPF4 Policy 1: Sustainable Places, encourages, promotes and facilitates development that addresses the global climate emergency and nature crises. Similarly Policy 2: Climate Mitigation and Adaption. encourages development that minimises emissions and adapts to the current and future impacts of climate change. 35 The development will, as a minimum, store and supply 657,000,000 kWh of electricity per year, as an enabling technology for renewable generation. In renewable generation terms this equates to 185,977 CO2 metric tonnes saved annually and the availability to provide electricity to cover the needs of over 187,714 homes every year. 36 NPF4 Policy 11: Energy states that ‘development proposals for all forms of renewable, low-carbon and zero emissions technologies will be supported. These include enabling works, such as grid transmission and distribution infrastructure and energy storage, such as battery storage and pumped storage hydro.’ It further advises that ‘proposals for the co-location of these technologies will be supported.’ 37 LDP2 Policy 33: Renewable and Low-Carbon Energy and Policy 35: Electricity Transmission Infrastructure support proposals for the utilisation, distribution and development of renewable and low-carbon sources of energy subject to set criteria being taken into account. 38 The principle of a substation of a large scale in this location has previously been assessed against Development Plan policy and subsequently approved. The co- location of battery storage will complement the substation and will contribute to the utilisation and distribution of low carbon energy across Scotland, in line with current development plan policy. 39 Overall, the principle of the proposed development is considered acceptable, subject to compliance with other development plan policies. These matters are considered in detail in the assessment below. Soils and Prime Agricultural Land 40 The site comprises prime agricultural land. NPF4 Policy 5: Soils states that development proposals on such land will only be supported if it is for ‘essential infrastructure and there is a specific locational need’ or ‘the generation of energy from renewable sources that optimises the contribution of the area to greenhouse gas emissions reductions targets’. In addition, LDP2 Policy 50: Prime Agricultural
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Land states that development on such land ‘will not be permitted, unless it is necessary to meet a specific established need, such as a major infrastructure proposal and only when there is no other suitable site available on non-prime land’. 41 The Scottish Government’s Energy Storage: Planning Advice states that ‘if the energy sector is to maximise environmental, economic and social benefits, renewable energy will need to be linked to energy storage. Energy storage technologies can counteract intermittency associated with certain energy supplies, can ensure excess power is not lost at times of high production, can provide energy on demand off-grid in a variety of ways. Oversupply is likely to become more prevalent the closer Scotland gets to realising its 100% electricity from renewables target.’ 42 Co-locating the proposed battery storage at the site will optimise power security and give essential support to the grid infrastructure and is considered as an essential infrastructure proposal, providing and holding energy, reducing carbon emissions and fighting climate change. 43 The majority of the site is Class 2 soil, meaning it is capable of producing a wide range of crops. Overall, the loss 12.7 hectares of prime agricultural land is considered acceptable when balanced against the wider benefits of the proposal. In offsetting the loss, LDP2 Policy 51 requires appropriate soil management measures, adoption of best practice when moving, storing and reinstating soils and the consideration of the opportunities to re-use soils excavated. These requirements are proposed to be secured via recommended Condition 2. Landscape and Visual Impact 44 The development has been designed to be co-located directly south of the SSEN substation, to reduce its visual impact from what would occur if it was independently sited and to ease installation and maintenance activity. 45 The location has been chosen and designed to minimise impact by locating adjacent to the substation. The upgrade of the substation has resulted in that facility increasing in size and it becoming a more dominant feature in the landscape. Placing the battery storage to the south of the substation, and with the proposed landscaping, will limit the visual impact of the development – through association with an existing significant development feature. 46 LDP2 Policies 1 and 39 require developments to contribute positively to the quality of the surrounding built and natural environment and to not conflict with maintaining and enhancing the landscape qualities of Perth and Kinross. In this instance, the design is largely defined by the type of infrastructure needed, thus some visual impact is inevitable. However, the co-location of the development directly south of the SSEN substation will minimise its visual impact, as it would appear in association to the existing intrusion into the landscape.
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47 The site already benefits from some mature trees and hedgerow planting around its boundaries. Additional landscape screening and supplementary planting is proposed along the boundaries, where existing screening is limited. This planting will be situated outwith the security fence and overall the proposed screening and planting is considered robust and appropriate mitigation for the resultant visual impact. All subject to conditional control (Condition 7) to secure the detailing and timing for delivery, satisfying the terms of LDP2 Policies 1 and 39. Noise and Light Pollution 48 A Noise Impact Assessment has been submitted in support of the application. This shows residential properties within 500m of the proposed development have been considered, identified as: Gamekeepers Cottage (receptor 1), Haughend (receptor 2) and Haughend Farmhouse (receptor 3). It is stated that receptors 2 and 3 have a financial interest in the development. Due to the proximity to the SSEN Substation the NIA includes a cumulative assessment. 49 Unattended baseline monitoring was undertaken between 13 and 14 September 2022. It should be noted that unattended only monitoring would not generally be accepted and also undertaken over a longer time period. 50 The predicted levels exceed the background level LA90 by +7dB at Haughend Farmhouse (daytime), by +6.3dB at Gamekeeper Cottage (night-time), by +11.5dB Haughend (night-time) and by +18.3 at Haughend Farmhouse (night- time). It is therefore proposed that mitigation in the form of a 3m high acoustic fence is installed around the Northern, Eastern and Southern boundaries. 51 Results from the night-time cumulative assessment, including the proposed mitigation show exceedances of +6.8dB at Gamekeeper Cottage, +13dB at Haughend and +12.6dB at Haughend Farmhouse. 52 While these still exceed recommended levels in accordance with BS4142, it is acknowledged that the rating levels are below the WHO Night Noise Guideline value of 40dB and would be below internal WHO target levels for Community Noise. It is also noted that the cumulative assessment has been predicted using sound power levels of equipment associated with the SSEN substation and does not take into account noise mitigation measures in the form of enclosures that have been proposed for the substation, which would substantially reduce the predicted cumulative levels. 53 It is recommended that conditions are imposed to protect, to acceptable levels, the amenity of neighbouring residents from noise and external lighting (Conditions 10-14). Archaeology and Scheduled Monuments 54 The site lies in an area of high archaeological potential. There are a number of prehistoric and Roman scheduled sites, as well as further undesignated sites. All indicating multiperiod activity within the surrounding landscape. The
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Scheduled Monument site of SM7263 (which comprises a rectilinear ditched enclosure of prehistoric date) is directly within the development site, and an unenclosed settlement of prehistoric date (MPK12753) is recorded in the field directly north-west. Excavations within this north-west area between 2011-21, undertaken as part of the SSEN substation development, discovered a number of features including: a probable Neolithic rectilinear post-built structure (MPK20268), a later prehistoric roundhouse, nineteen keyhole or figure-of-eight shaped pits thought to be Roman field ovens, pits and a linear ditch (MPK12753). Given the proximity of these features, and SM7263, to the proposed development site, further associated features are very likely to extend into it. 55 PKHT has been consulted and recommended conditions requiring a programme of archaeological works (Condition 3) to be carried out and for protective fencing to be erected, creating a buffer around the Scheduled Monument (Condition 4). Roads and Access 56 The proposal will utilise the existing haul route that is also used for the SSEN substation works. Although the route to the substation has been upgraded, beyond the entrance to the substation the access to Haughend Farm has not. As such further upgrading will be required to facilitate works associated to this development. The applicant has identified that the route is only 3.1 metres in width from the Alyth Substation vehicle access to Haughend Farm, with no passing places. Condition 15 is recommended for the upgrade of the road. 57 The submitted Construction Traffic Management Plan (CTMP), identifies the vehicular routes to the site. However, the identified access is subject to flooding and can become impassable for periods following a flood event. As a result, access may have to be taken from the A926, via the U100 or the U101. It is thus recommended that the applicant should undertake further analysis of these routes to establish if either can be used during a flood event. This will require swept paths to be provided for the HGV’s and suitable passing places identified and installed. This information should be captured within an updated CTMP, a condition is therefore recommended (Condition 8). 58 The applicant has advised that there will not be Abnormal Loads brought to the site. However, should this position change, there will be a requirement to follow an abnormal loadings procedures and these should also be detailed in the CTMP. 59 The construction period is expected to take approximately 12 months, with construction hours of 07:00 to 19:00 Monday to Friday and 08:00 to 16:00 on Saturday. The applicant has advised that no construction traffic will operate out with these hours. This restriction should be included in the CTMP. Drainage and Flooding 60 It is recommended that all development infrastructure is located outside of the 1 in 200 year plus climate change event flood envelope where possible. Due to
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other constraints, the proposed layout requires siting within this area and the submitted Flood Risk and Drainage Assessment proposes mitigation through adoption of a minimum finished floor level of 40.5m AOD, based on the maximum fluvial flood level of 39.9m AOD plus a 0.6m freeboard. Infrastructure will be raised above ground level on stilts or concrete plinths to avoid impeding floodwaters. In addition, all services (cabling etc.) will be designed and installed to be flood resilient / water compatible. This should be achieved in accordance with appropriate design standards and best practice guidance. Biodiversity 61 NPF4 Policy 2: Biodiversity requires developments of this scale to provide significant biodiversity enhancement compared to pre-development. In this case, the agricultural field holds little ecological value and could be enhanced via proposed meadow seed mix, to encourage grasses and wildflowers. 62 To the south-west a pair of breeding Ospreys have a historical nesting site, which together with the surrounding area have been the subject of protection watches throughout the development of the adjacent SSEN substation. The substation has seen year round development taking place, including through the fledgling season, with the appropriate protection measures in place. A Preliminary Ecological Appraisal (PEA) has been submitted in support of the application and recommends that, as the BESS is closer than the current substation works, that all construction is undertaken outwith the core breeding season (March – August, inclusive) so that potential disturbance is minimal for the returning adult birds. 63 PKC’s Tree and Biodiversity Officer has considered the application and has recommended a number of conditions to protect existing ecology (conditions 5-6) and to provide significant biodiversity enhancements (condition 7), in line with the requirements of NPF4. CONCLUSION AND REASONS FOR RECOMMENDATION 64 To conclude, the proposed development is considered to comply with NPF4, and the adopted Local Development Plan 2 (2019). Account has been taken of the relevant material considerations and none has been found that would justify overriding the Development Plan. 65 Accordingly, it is recommended that the Council offers no objection to the proposal and requests the imposition of the suggested conditions. Recommended Conditions and Reasons 1. Prior to the commencement of the development hereby approved, details of the specification and colour of the proposed external finishing materials to be used on all structures and any hard landscaping shall be submitted to and agreed in writing by the Council as Planning Authority. The scheme as agreed shall be implemented prior to the completion or bringing into use any part of the development, whichever is the earlier.
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Reason - In the interests of visual amenity; to ensure a satisfactory standard of local environmental quality; to reserve the rights of the Planning Authority. 2. Prior to the commencement of development hereby approved, a Soil Management Plan (SMP) shall be submitted to and agreed in writing by the Council as Planning Authority. The plan as approved shall be strictly adhered to concurrent with the construction phases of the development. Reason - To ensure that prime agricultural land soil is not unnecessarily sterilised or lost and in the interests of Policy 51 of LDP2. 3. Development shall not commence until the developer has secured the implementation of a programme of archaeological work in accordance with a Written Scheme of Archaeological Investigation (WSI) which has been submitted by the developer and agreed in writing by the Council as Planning Authority, in consultation with Perth and Kinross Heritage Trust (PKHT). Thereafter, the developer shall ensure that the programme of archaeological works is fully implemented including that all excavation, preservation, recording, recovery, analysis, publication and archiving of archaeological resources within the development site is undertaken. Should the archaeological works, as required by the WSI, identify a requirement for post-excavation analysis, the development as approved shall not be occupied or brought into use until a Post-Excavation Research Design (PERD) has been submitted to and agreed in writing by the Council as Planning Authority, in consultation with PKHT. The PERD shall be carried out in complete accordance with the approved details. Furthermore, the developer shall afford access at all reasonable times to PKHT or a nominated representative and shall allow them to observe work in progress. Reason - To safeguard any archaeological interest of the site. 4. Prior to the commencement of the development hereby approved, protective fencing shall be erected around SM7263 / MPK4865 incorporating an appropriate buffer, insofar as the land lies within the control of the applicant and/or developer, in a manner and for a time period to be agreed in writing in advance with the Council as Planning Authority in consultation with Perth and Kinross Heritage Trust (PKHT). No works shall take place within the area inside that fencing without prior written agreement of the Council as Planning Authority in consultation with PKHT. Reason - To ensure the preservation of the historic environment safeguard the identified Scheduled Monument within and adjacent to the site boundaries. 5. Prior to the commencement of development, an updated ecological survey in the form of an Ecological Impact Assessment (EcIA) be submitted and agreed in writing by the Planning Authority. Reason - In the interests of protecting and enhancing biodiversity.
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6. Prior to the commencement of development, a Species Protection Plan for Osprey be submitted and agreed in writing by the Planning Authority. Reason - In the interests of protecting and enhancing biodiversity. 7. Prior to the commencement of development, a detailed Landscaping Plan including details of biodiversity enhancement measures shall be submitted and agreed in writing by the Planning Authority. Reason - In the interests of protecting and enhancing biodiversity. 8. A minimum of two months prior to the commencement of development, a site specific Construction Environmental Management Plan (CEMP) which shall include a Construction Method Statement (CMS) shall be submitted to and approved by the Council as Planning Authority in consultation with key stakeholders as deemed appropriate. The CEMP must also include a Pollution Prevention Plan (PPP), Invasive Management Plan (IMP), Site Waste Management Plan (SWMP), Site Access Management Plan (SAMP), Construction Exclusion Zone (CEZ), Construction Traffic Management Plan (CTMP) and Environmental Management Plan (EMP). A detailed compound layout which sets out measures to ensure the public road network is kept free from mud or debris shall also be included. The CEMP will remain a live document, any working practices deemed to be having an adverse impact on ecology or the environment will be the subject of revision. All revisions must be submitted to the Planning Authority as soon as reasonably practicable. Thereafter the development shall be fully undertaken in accordance with the agreed CEMP. Reason - In the interest of protecting environmental quality and of bio-diversity. To minimise any associated adverse landscape and visual impact of the above ground elements and protect the character and visual amenity of the immediate and surrounding countryside and associated nature and cultural heritage conservation interests. 9. Prior to the commencement of the development hereby approved, an independent and suitably qualified Ecological Clerk of Works (ECoW) shall be appointed at the developers' expense. Details of this appointment shall be subject to the prior written agreement of the Council as Planning Authority. The appointed person will remain in post for the duration and subsequent restoration of the proposed development. The ECoW shall have responsibility for the following: (a) Overseeing the implementation of the Construction Environmental Management Plan (CEMP) approved by this permission. (b) Authority to stop operations or to alter construction methods should there be any works occurring which are having an adverse impact on the natural heritage.
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(c) Prior to the commencement of development, they shall provide an environmental / ecological tool box talk for construction staff. (d) They will have authority to amend working practices in the interests of natural heritage. Any amendments shall be submitted to the Council as Planning Authority as an addendum to the approved CEMP. (e) They shall make weekly visits to the development site at a time of their choosing. No notification of this visit is required to be given to the developer or contractor. (f) Within 10 working days of the end of each calendar month, they are required to submit a detailed monthly report for the review of the Planning Authority in consultation with Scottish Environment Protection Agency (SEPA) for the duration of development. (g) They shall notify the Council as Planning Authority in writing of any requirement to halt development in relation to this condition as soon as reasonably practicable. The above shall be implemented throughout the construction, (including reinstatement and de-commissioning of the construction compounds) hereby approved unless otherwise agreed in writing with the Council as Planning Authority. The CEMP shall contain a site-specific Construction Method Statement (CMS) which will provide concise details for the implementation of the CEMP for site operatives. Reason - To avoid habitat damage and safeguard natural heritage interests. 10. In the event, that justified complaints for noise are received by the Council, the applicant at their own expense, shall employ an independent and suitably qualified consultant to carry out a Noise Assessment from the development. The appointed consultant and methodology for the Noise Assessment shall be submitted to and approved in writing by the Planning Authority in consultation with Environmental Health within 28 days of being notified of the complaint. Within 28 days of approval of appointed consultant and methodology, a Noise Assessment shall be submitted outlining mitigation and recommended timescales for delivery. Thereafter, all mitigation measures shall be implemented within the timescales recommended. Reason - In the interests of protecting residential amenity. 11. Prior to the battery storage facility being brought into use, all noise mitigation measures outlined in Section 8.2 and Appendix A of the Noise Impact Assessment undertaken by Neo Environmental Ltd, dated 04/10/2022 shall be implemented in full. Reason - In the interests of protecting residential amenity. 12. All plant or equipment shall be so enclosed, attenuated and/or maintained such that any noise therefrom shall not exceed Noise Rating 35 between 0700 and 2300 hours daily, or Noise Rating 20 between 2300 and 0700 hours daily, within
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any neighbouring residential property, with all windows slightly open, when measured and/ or calculated and plotted on a rating curve chart. Reason - In the interests of protecting residential amenity. 13. Notwithstanding any requirement or restriction under Condition 6, construction work shall be limited to Monday to Friday 0700 hours to 1900 hours and Saturday 0800 hours to 1300 hours with no noisy works out with these times or at any time on Sundays or bank holidays. Reason - In the interests of protecting residential amenity. 14. All external lighting shall be sufficiently screened and aligned so as to ensure that there is no direct illumination of neighbouring land and that light spillage beyond the boundaries of the site is minimised to a degree that it does not adversely affect the amenity of the neighbouring land. Reason - In the interests of protecting residential amenity. 15. Prior to the commencement of development, the developer shall submit for the written approval of the planning authority, a plan showing the upgrading of the section of road from the substation to Haughend Farm with passing places. The works for the agreed upgrading of the road shall be completed in full prior to the commencement of works. Reason - In the interests of road safety and adequate site access. 16. Trees remaining on site and those which have Root Protection Areas which fall within the site shall be retained and protected. Protection methods shall be strictly in accordance with BS 5837 2012: Trees in Relation to Design, Demolition and Construction and be identified on the Construction Exclusion Zone (CEZ) Plan within the Construction Environment Management Plan (CEMP), in association with Condition 8. Protection measures, once in place, shall remain in place for the duration of construction. Reason - To ensure a satisfactory standard of development and environmental quality and to reserve the rights of the Planning Authority. Justification The proposal is in accordance with the Development Plan and there are no material reasons which justify departing from the Development Plan. Background Papers: 0 letters of representation Contact Officer: Alex Gudgeon Date - 1st March 2024
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DAVID LITTLEJOHN STRATEGIC LEAD - ECONOMY, DEVELOPMENT AND PLANNING