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22/00832/Flm

Perth and Kinross Council · 22 September 2022
Back to Planning and Placemaking Committee — 22 September 2022 and its agenda

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Perth and Kinross Council
Planning and Placemaking Committee – 14 September 2022
Report of Handling by Head of Planning & Development
(Report No. 22/217) 
PROPOSAL: Formation of a 49MW battery energy storage facility comprising
battery storage units, ancillary buildings, vehicular access,
landscaping and associated works  
LOCATION: Land 140 Metres North-East of Jamesfield Organic Centre,
Newburgh 
Ref. No: 22/00832/FLM
Ward No: P9 – Almond and Earn 
Summary 
This report recommends approval of the application which proposes the formation
of a 49MW electrical energy storage facility, including up to 26 battery storage
containers and associated infrastructure, including landscaping and vehicle access
north-east of Jamesfield Farm Shop. The proposal is considered to comply with the
relevant provisions of the Development Plan with no material considerations
apparent which outweigh the Development Plan. 
BACKGROUND AND DESCRIPTION OF PROPOSAL 
1 The site is c.0.86 hectares (Ha) in area and largely comprises a storage
compound contained within a security fence. The remainder is an access and
landscaped areas. All located approximately 140m to the west of the
Jamesfield Garden Centre and 80m to the south west of the Jamesfield Farm
Shop, close to Abernethy.  There is also an existing electrical substation
located c.60m to the south west of the site access off the garden centre/farm
shop access road.  The wider land use beyond the immediate surrounds is in
agricultural use.  Local topography is generally level, with a slight slope up to
the north, whilst to the south the ground rises more steeply beyond Abernethy
Road. 
2 In September 2017, planning permission (Ref: 17/00951/FLM) was granted at
this location for a similar 30 MW battery storage facility, vehicular access and
associated works. The applicant referred to this development as ‘phase 1’.
Subsequently, in March 2019, a second planning permission (Ref:
18/02336/FLL) was granted for an additional 19 MW battery storage facility
immediately to the north of phase 1 and referred to as ‘phase 2’.  Both
permissions remain extant with works relating to phase 1, namely the access
constructed in September 2021. This application now seeks to combine these
phases 1 and 2 into a single development, with minor revisions to the site
layout.

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3 In physical terms, the proposals are for 26 containerised storage units
containing batteries (10.3 x 1.75 x 3m); 13 transformer units, each 3.5m high;
two switch rooms and a Distribution Network Operator (DNO) switchgear room
(electrical equipment storage), each 4m high and three auxiliary transformers to
a height of 1.7m.  In addition, a laydown area is indicated close to the entrance
of the compound, where there would be two storage containers of 2.8m in
height. 
4 The battery storage facilities would be enclosed by a 2.4m palisade fence in a
green colour.  Security cameras and lighting columns, up to 4m in height are
also be proposed along the inside of the perimeter fence.     
5 A significant planting and landscaping scheme is also proposed, to assist with
integration of the facility into the wider surroundings.   
ENVIRONMENTAL IMPACT ASSESSMENT (EIA) 
6 Directive 2011/92/EU (as amended) requires the ‘competent authority’ (in this
case Perth and Kinross Council) when giving a planning permission for
particular large-scale projects to do so in the knowledge of any likely significant
effects on the environment.  The Directive therefore sets out a procedure that
must be followed before ‘development consent’ can be given. 
7 This procedure, known as Environmental Impact Assessment (EIA), is a means
of drawing together, in a systematic way, an assessment of a project’s likely
significant environmental effects.  The EIA Report helps to ensure that the
importance of the predicted effects, and the scope for reducing any adverse
effects, are properly understood by the public and the relevant competent
authority before it makes its decision. 
8 An EIA screening has previously been undertaken, concluding that an EIA was
not required as the proposal was not considered likely to have significant
environmental effects. However, a suite of supporting assessments, presenting
environmental information in respect of archaeological, drainage, noise,
ecology, traffic and transport and landscape visual impact were required. 
PRE-APPLICATION CONSULTATION 
9 The proposed development is a ‘Major’ development, in terms of the Town and
Country Planning (Hierarchy of Developments) (Scotland) Regulations 2009,
due to the potential energy storage capacity proposed being in excess of
20MW.  The applicant was therefore required to undertake formal pre-
application consultation with the local community. Public concerns raised as
part of this process identified noise, landscaping and flood risk as being matters
not addressed by the consultation events.  These matters have been responded
to in writing by the agent and included within a Pre-Application Consultation
(PAC) Report submitted with the application.   
10 The PAC Report notes that two online public events were held, as permitted by
the relevant regulations.  These online events were held on 10 February and
23 March 2022 both at 6pm, with notice provided to local MPs and MSPs and

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Council Members as well as to Abernethy Community Council.  Three
interested parties attended the events, and a number of comments and
concerns were reviewed and addressed within the PAC report and wider
planning submission. The content and coverage of the community consultation
exercise is considered sufficient and proportionate and in line with the
aforementioned regulations. 
NATIONAL POLICY AND GUIDANCE 
11 The Scottish Government expresses its planning policies through: The National
Planning Frameworks, the Scottish Planning Policy (SPP), Planning Advice
Notes (PAN), Creating Places, Designing Streets, National Roads Development
Guide and a series of Circulars.   
National Planning Framework (NPF) 
12 NPF3 is a long-term strategy for Scotland and is a spatial expression of the
Government’s Economic Strategy and plans for development and investment in
infrastructure.  Under the Planning etc. (Scotland) Act 2006, this is now a
statutory document and a material consideration in any planning application.  It
provides a national context for development plans and planning decisions as
well as informing the on-going programmes of the Scottish Government, public
agencies and local authorities. 
Scottish Planning Policy (SPP) 2014 
13 The current SPP was published in June 2014 and sets out national planning
policies, which reflect Scottish Ministers’ priorities for operation of the planning
system and for the development and use of land.  It promotes consistency in
the application of policy across Scotland, whilst allowing sufficient flexibility to
reflect local circumstances. It directly relates to: 
• The preparation of development plans;
• The design of development, from initial concept through to delivery; and
• The determination of planning applications and appeals. 
14 The following sections of the SPP will be of particular importance in the
assessment of this proposal: 
• Sustainability: paragraphs 24 – 35
• Placemaking: paragraphs 36 – 57
• Promoting Rural Development: paragraphs 74 – 91
• Supporting Business and Employment: paragraphs 92 – 108
• Delivering Heat and Electricity: paragraphs 152 – 173
• Valuing the Natural Environment: paragraphs 193 – 218
• Managing Flood Risk and Drainage: paragraphs 254 – 268 
Planning Advice Notes 
15 The following Scottish Government Planning Advice Notes (PANs) and
Guidance Documents are also of relevance to the proposal:

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• PAN 3/2010 Community Engagement
• PAN 40 Development Management
• PAN 51 Planning, Environmental Protection and Regulation
• PAN 61 Planning and Sustainable Urban Drainage Systems
• PAN 73 Rural Diversification
• PAN 75 Planning for Transport
• The Future of Energy in Scotland: Scottish Energy Strategy (December 
2017) 
DEVELOPMENT PLAN 
16 The Development Plan for the area comprises: the TAYplan Strategic
Development Plan 2016-2036; and the Perth and Kinross Local Development
Plan 2014. 
TAYplan Strategic Development Plan 2016-2036 
17 TAYplan sets out a vision for how the region will be in 2036 and what must
occur to bring about change to achieve this vision. The vision states that: 
“By 2036 the TAYplan area will be sustainable, more attractive, competitive and
vibrant without creating an unacceptable burden on our planet. The quality of
life will make it a place of first choice where more people choose to live, work,
study and visit, and where businesses choose to invest and create jobs.” 
18 Policy 7: Energy, Waste and Resources of TAYplan is of particular importance
in the assessment of this application. 
Perth and Kinross Local Development Plan 2019 
19 The Local Development Plan 2 (LDP) was adopted by Perth and Kinross
Council on 29 November 2019.  It sets out a vision statement for the area,
which includes that, “By 2036, the TAYplan area will be sustainable, more
attractive, competitive and vibrant without creating an unacceptable burden on
our planet. The quality of life will make it a place of first choice where more
people choose to live, work, study and visit and where businesses choose to
invest and create jobs.” It is the most recently adopted statement of Council
policy and is augmented by Supplementary Guidance. 
20 The principal relevant policies are: 
• Policy 1A and 1B Placemaking
• Policy 2 Design Statements 
• Policy 5 Infrastructure Contributions
• Policy 8 Rural Business and Diversification
• Policy 26B Scheduled Monuments and Archaeology: Archaeology
• Policy 33A Renewables and Low Carbon Energy: New Proposals for
Renewable and Low Carbon Energy
• Policy 33B Repowering and Existing Facilities: Repowering and Extending

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Existing Facilities 
• Policy 35 Electrical Transmission 
• Policy 39 Landscape 
• 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 Pollution 
• Policy 56 Noise Pollution 
• Policy 60B Transport Standards and Accessibility Requirements 
Other Policies 
21 Perth and Kinross Flood Risk and Flood Risk Assessments – Developer
Guidance, June 2021   
22 Perth and Kinross Supplementary Guidance: Landscape, February 2020 
23 Perth and Kinross Supplementary Guidance: Placemaking Guide, March 2020 
24 Perth and Kinross Planning Planning for Nature, Development Management
and Wildlife Guide Supplementary Guidance, April 2022 
SITE HISTORY 
25 17/00951/FLL Full Planning Permission was granted on 18 September 2017 for
the Installation of an energy storage facility, formation of vehicular access,
erection of fence and associated works. 
26 18/02336/FLL Full Planning Permission was approved on 7 March 2019 for the
Installation of an energy storage facility, erection of fence and associated
works. 
27 22/00004/PAN A Proposal of Application Notice relating to a “major application
“ was submitted on the 15 February 2022 for the Formation of a battery energy
storage facility comprising battery storage units, ancillary buildings, storage
containers, landscaping, erection of fencing and associated works. 
28 22/00382/SCRN A Screening Opinion was issued by the Planning Authority on
12 April 2022 for the Installation of a 49MW battery energy storage facility,
formation of vehicular access, erection of fence, landscaping and associated
works. 
CONSULTATIONS 
29 The following parties have been consulted:

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EXTERNAL 
30 Scottish Water - No objection. Advisory note that no public sewer and water
supply options are available. 
31 Perth and Kinross Heritage Trust - No objection. Advise that the site has
already been investigated for archaeological records, with none found.   
32 Abernethy Community Council: No response.   
33 Scottish Environment Protection Agency: No comments. 
34 Nature Scotland: No comments. 
35 Transport Scotland: No objection, subject to conditions regarding the need for
further approval of signage, traffic control measures and abnormal sized loads
with respect to the use of the Trunk Road. (Conditions 6 and 7). 
INTERNAL  
36 Biodiversity Officer - No objection, subject to a condition regarding the
implementation of proposed landscaping. (Condition 9). 
37 Development Plans – No objection. The site is identified as prime agricultural
land. However, the principle of the development is established through the
previous granting of planning permission.   
38 Structures and Flooding – No objection. Informative note requested to direct
the applicant to the Council’s Supplementary Guidance on Flood Risk and
Flood Risk Assessments 2021. 
39 Environmental Health (Noise/ Odour) - No objection, subject to a condition
regarding plant and or equipment noise during construction. (Conditions 2 and
3). 
40 Transport Planning - No objection, subject to a condition to ensure
construction traffic is appropriately managed. (Condition 5). 
41 Development Contributions Officer - No objection, clarifying that no
contributions are required. 
REPRESENTATIONS 
42 Two objections have been received, with concerns summarised as follows: 
• Traffic and Transport Impacts, including impacts on the use of private land
• Impacts on soils and agricultural land 
• Landscape Impacts
• Impacts on amenity  
• Noise Impacts 
• Artificial Light

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• Impacts on private water supply 
• Flooding and Drainage 
• Site decommissioning 
43 The matters raised are addressed in the Appraisal section below, with the
exception of comments reflective of impacts resulting from the use of private
land to access this site. This is a private civil matter between the applicant and
the landowner and cannot be addressed by the Council. 
ADDITIONAL STATEMENTS
44
Environment Report Not Required
Screening Opinion Undertaken – Not EIA development.
Environmental Impact Assessment Not Required
Appropriate Assessment Not required
Design Statement  Submitted 
Reports on Impact or Potential Impact
• Archaeological Evaluation 
• Landscape and Planting
Report 
• Landscape and Visual
Assessment 
• Preliminary Ecological
Appraisal  
• Noise Impact Assessment 
• Battery Fire Safety
Management Plan 
• Drainage Strategy 
• Construction Traffic
Management Plan (CTMP) 
• Transport Statement   
APPRAISAL 
45 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 adopted Development Plan comprises the TAYplan
Strategic Development Plan 2016–2036 and the Perth and Kinross Local
Development Plan 2 (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 includes considerations of the Council’s
other approved policies and supplementary guidance as set out and specifically
Scottish Energy Strategy (SES) (December 2017), the future of energy in
Scotland. 
Principle 
46 The location is a peripheral rural area east of Abernethy, policy considerations
seeking to assess its suitability in principle are: Policies 1A, 1B, Placemaking,

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Policy 8 Rural Diversification, Policy 33A and 33B Renewables and Low
Carbon Energy, Policy 50 Prime Agricultural Land and Policy 51 Soils. 
Furthermore, and a significant material consideration is the existing approved
planning permissions for two battery energy storage facilities, which occupy
much of the site.   
47 The proposal would provide essential energy balancing services to the National
Grid, actively contributing towards Scotland's CO2 reduction targets, supporting
the strategy principles of the SES. Specifically, electricity would be drawn from
the Grid at times of low demand, stored and released back as required. When
demand is higher, greater generation from non-renewable sources is required
and energy storage facilities such as that proposed could reduce reliance on
non-renewable resources, thus decreasing CO2 emissions. Whilst the
development does in this case occupy prime agricultural land, conflicting with
the general aim of Policy 50 of LDP2 which seeks to avoid developing prime
agricultural land, unless necessary to meet a specific established need.  In this
respect, the proximity to the electricity grid/connection, gives site specific
reasoning for this major infrastructure proposal.  Additionally, it is important to
account for the important consideration of the extant approved Planning
Permissions (17/00951/FLL and 18/02336/FLL). Taking these two factors
together sees the development justifiable in this case. However, careful
consideration would be required if further intensification was proposed, and
additional land take required. The changes from those previously approved
developments are otherwise considered acceptable, as set out below.   
Design and Layout 
48 The design and layout essentially reflect the physical and engineering
requirements, with infrastructure details consistent with industry standards. In
physical terms, the development will essentially be contained below 4m in
height.  The tallest visible built structures being the switch rooms, DNO
Switchgear buildings and the CCTV poles - all c.4m above ground level.
Remaining built elements will vary in height but not above this height. The
development within the storage compound will be enclosed behind a security
fence and landscaping. In these regards the overall scale and height of built
structures horizontal massing is more significant than vertical impacts. These
aspects are further considered in the landscape and visual impact sections
below. Otherwise, physical separation between each container and
colour/finishes can be controlled by Conditions 1 and 8. 
Landscape and Visual Impact 
49 Safeguarding and enhancing landscape character and green infrastructure is
considered via LDP Policies 1 and 33. In this instance, as said above the
proposed utilitarian design is largely set, thus some landscape and visual
impact will result. Therefore, it is especially important to ensure robust
landscaping and associated green infrastructure provides mitigation from key
viewpoints, softens the immediate and cumulative landscape impact, whilst also
improving biodiversity opportunities.  In line with Policy 33, the cumulative
visual impact of the proposal and the existing sub-station should also be taken
into account.

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50 A landscape visual impact assessment (LVIA) was requested, along with a fully
detailed structural landscape plan. These were key in assessing if the
proposals could be successfully accommodated visually.   
51 Existing landscape features will be supplemented by robust and comprehensive
native planting (plan 22/00832/22) along the site perimeter. The proposed
planting is considered sufficient to satisfactorily accommodate the development
in the landscape, particularly as any vegetation matures.  Some short-term
impacts on views over the and across the site may be evident in the interim.
Following establishment, it is not considered that there would be unacceptable
impact on landscape or visual amenity, with photomontages contained within
the landscape and visual impact assessment indicating the predicted situation. 
52 The proposal is therefore considered to accord with Policies 1 and 33.   
Residential Amenity 
53 The nearest residential receptors are more than 250m away, to the east of the
site and are unlikely to be significantly impacted due to the physical distance of
separation, low vertical height of the development proposed, minor undulations
in local topography and through proposed landscaping by the applicant.
However, the Jamesfield Farmshop as well as the Jamesfield Garden Centre
are both located within 150m of the main site compound.  Although some
screening of the development exists from these locations due to existing farm
polytunnels some direct impacts, particularly during construction is inevitable.     
54 PKC Environmental Health (EH) have reviewed the supporting Noise Impact
Assessment, including any modelling results, and have not raised any
objections with the conclusions drawn, notably that the previous noise
restrictions related to the existing permissions can be achieved.  Potential noise
sources include; air conditioning units, invertor cooling fans, switchgears,
transformers, background reactor noise, and construction noise. EH advise a
condition setting acceptable limits to all approved plant and or equipment noise
output. 
55 Compliance with the recommended condition see it considered that the
development will comply with Policy 33 of the LDP, with no likely unacceptable
impact on the amenity of residential properties. 
Lighting 
56 The impact of artificial lighting has been noted as a matter of concern in
representations.  However, the use of lighting is to be minimal and primarily for
security purposes.  Condition 4 can control spillage and limit operation to
acceptable levels. 
Roads and Access 
57 LDP2 Policy 60B requires that local road networks be capable of absorbing
traffic generated by development and that satisfactory access is provided.

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Concern is raised that the adjoining garden centre would see use of its carpark
to facilitate access to the site.  Comment made that this carpark is busier than
in 2018 (when the previous planning permission was last assessed) and as
such the use of this space is seen as a safety concern, particularly during
construction periods. 
58 The proposal is to access via the road serving Jamesfield Organic Centre,
through the carpark and to the dedicated site access.  However, no concerns
are raised by Transport Planning, in relation to impacts on the local road
network, subject to a condition relating to a Construction Traffic Management
Scheme (CTMS). Nor have any concerns been raised the Transport Scotland
relative to the use of the Trunk Road, subject to conditions that further
agreement may be required for any signage, traffic management and or
abnormal loads (Conditions 6 and 7). 
59 Whilst the use of the parking area to provide site access may see issues
requiring of careful mitigation, particularly during the construction period, the
identified route appears to be over private ground ownership and falls out with
the locus of the Roads Authority. Consequently, it would be for the applicant to
negotiate any required right of access over this ground and management of
vehicle movements separately from the planning process, as impacts on the
parking area are not a material planning consideration. 
60 Overall, no unsurmountable road and or transport impacts are evident, and
subject to a condition regarding construction traffic management, that the
development confirms with Policy 60B. 
Drainage and Flooding 
61 Policy 52 requires development to appropriately consider flooding and drainage
issues. In this regard, objection raises concerns in respect of drainage impacts
beyond the site, as limited details were initially provided of drainage
arrangements.   
62 The applicant has subsequently provided a Drainage Strategy which sets out
that the development (including access road) is designed to see free drainage,
sufficient to accommodate a 100-year event plus 30% freeboard. No formal
runoff from the site is proposed. 
63 Otherwise, the site is not within a SEPA identified flood risk area and the
Council’s Flood Hazard and Structures Team do not raise any objection.
However, the applicant would be directed to the Council’s Supplementary
Guidance on Flood Risk and Flood Risk Assessments 2021.   
64 The proposals are thus considered to satisfy Policy 52 of LDP2. 
Natural Heritage and Biodiversity 
65 LDP2 Policies 39 and 40 are relevant considerations in respect of potential
biodiversity impacts or opportunities arising from the development. In this
respect the Landscape Plan includes largely native species and contains

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several positive elements, making a likely valuable contribution to biodiversity,
consistent with the Perth and Kinross Forestry and Woodland Strategy. 
66 The Councils biodiversity officer has reviewed the proposals and raises no
objection, subject to conditions on delivery of the proposed landscaping. As
such, subject to Condition 10, the proposal is considered to accord with policies
39 and 40 of the LDP2.   
Private Water Supply 
67 The development is for an energy storage compound in a rural area where
there are private water supplies (including Jamesfield Borehole Supply)
understood to serve properties in the vicinity.  Whilst no specific impacts to
private water supply are obvious, a safeguarding condition is recommended
requiring that the applicant confirm the location of private water and wastewater
infrastructure and any required protective measures are put in place prior to
works commencing.  This will ensure both that the new development has an
adequate and consistently wholesome supply of water (should that be required)
and to maintain water quality and supply in the interests of residential amenity. 
In addition to ensure the private water supply or septic drainage systems of
neighbours of the development remain accessible for future maintenance.
Otherwise, it should be noted that once the development is operational Perth
and Kinross Council Environmental Health Services will have statutory duties
detailed in the Water Intended for Human Consumption (Private Supplies)
(Scotland) Regulations 2017 to monitor the water quality.  Further informative
notes relative to existing wayleaves and compliance with the Water Scotland
Act 1980 are also recommended to be appended to any positive decision
notice.   
Developer Contributions 
68 There has been comment in representations that no local benefits would result
from the development.  However, in planning policy terms, no developer
contributions are triggered for this type of development. As a result, the
planning authority cannot require the provision of money or infrastructure, not
clearly required as a result of the development. 
Archaeology 
69 The development proposal has been reviewed by the Perth and Kinross
Heritage trust who have not raised any objection to the development, noting the
previously consented schemes and previous site assessment undertaken.  The
development is considered to accord with Policy 26B of the LDP2. 
Economic Impact 
70 In the short term, construction will create jobs, with scope for local employment.
Beyond this there is a clear fit between Scottish Government aims of promoting
a transition to a low carbon economy and this proposal. Support for local
renewable energy generation would also result, by helping balance fluctuations
of intermittent energy generation.  The development also represents a

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significant inward investment in rural Perthshire, assisting in the creation of a
national grid asset of regional significance for the Perth and Kinross area. 
Loss of Prime Agricultural Land and Soils 
71 Policy 50 sets out that development out with settlements shall not be permitted 
on prime agricultural land, unless necessary to meet a specific need such as: a 
major infrastructure proposal, and that there is no other suitable site available 
on non-prime land. Policy 51 seeks to protect soils from damage such as
erosion or compaction. Developments located on areas of good quality
agricultural soils must minimise impact to the soil resources and or consider
opportunities for re-use of the soils.   
72 In this case the site identifies as prime agricultural land and the development
does conflict with Policy 50. However, given that the development can proceed
in its current approved form, and there is no further land take proposed by this
application, the breach of the policy is largely outweighed by the material
circumstance. Having regard to any impacts on soils, compaction and or the
removal of high-quality soil from the development site is recognised as factors
in this instance.  Although the applicant has not stated intentions to overly
compact and or excavate soil from the site, an additional safeguarding
condition is recommended, requiring soils which are excavated to be reused or
repurposed in a suitable way onsite which avoids further damage, for example
within landscaped areas, thereby protecting those soil properties for later reuse. 
(Condition 11). 
Lifespan of Facility 
73 The lifespan of the facility is confirmed to be approximately 50 years. As such,
Condition 12 can require that should the energy storage facility not be in use for
a continuous period of 12 months or at the conclusion of this term, that the site
is then decommissioned and re-instated to its original condition. 
LEGAL AGREEMENTS 
74 None required. 
DIRECTION BY SCOTTISH MINISTERS 
75 None. 
CONCLUSION AND REASONS FOR RECOMMENDATION 
76 The application must be determined in accordance with the adopted
Development Plan, unless material considerations indicate otherwise. In this
respect, account has been taken of the Local Development Plan and
associated material considerations, with the proposal not assessed to conflict
with the development plan in this case.   
77 Accordingly, the proposal is recommended for approval subject to the following
conditions:

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A RECOMMENDATION   
Conditions and Reasons for Recommendation 
General 
1. The development hereby approved must be carried out in accordance with the
approved drawings and documents, unless otherwise provided for by conditions
imposed by this decision notice. 
Reason – To ensure the development is carried out in accordance with the
approved drawings and documents. 
Noise 
2. All hereby approved plant or equipment shall be so enclosed, attenuated and/or
maintained such that any noise therefrom shall not exceed Noise Rating 35
between 0700 and 2300 hours daily, or Noise Rating 20 between 2300 and
0700 hours daily, within any neighbouring residential property, with all windows
slightly open, when measured and/ or calculated and plotted on a rating curve
chart. 
Reason – In the interests of residential amenity; to ensure a satisfactory
standard of local environmental quality. 
3. In the event of a justified noise complaint being received by the Council the
operator shall, at its own expense, employ a consultant approved by the
Planning Authority to carry out a noise assessment to verify compliance with
Condition 2.  The assessment will be carried out to an appropriate methodology
agreed in writing with the Planning Authority.  If the noise assessment shows
that the noise levels do not comply with Condition 2 a scheme of noise
mitigation shall be included with the noise assessment, specifying timescales
for the implementation of the scheme, and shall be submitted to the Planning
Authority within 28 days of the assessment.  The mitigation scheme shall
thereafter be implemented in accordance with the approved scheme and
timescales.   
Reason – In the interests of residential amenity; to ensure a satisfactory
standard of local environmental quality. 
Lighting 
4. All external lighting shall be sufficiently screened and aligned so as to ensure
that there is no direct illumination of residential property and that light spillage
beyond the boundaries of the site is minimised. In association, the operation of
the lighting shall be controlled so as to only be triggered by motion within the
security fenced boundaries of the site. 
Reason – In the interests of residential amenity; to ensure a satisfactory
standard of local environmental quality.

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Roads and Transport 
5. Prior to the commencement of works associated to the hereby approved
development, a Construction Traffic Management Scheme (TMS) shall be
submitted for the written approval of the Planning Authority, such TMS shall
include details of the following: 
(a)  restriction of construction traffic to approved routes and the measures to
be put in place to avoid other routes being used;
(b)  timing of construction traffic to minimise impact on local communities
particularly at school start and finishing times, on days when refuse
collection is undertaken, on Sundays and during local events;
(c)  a code of conduct for HGV drivers to allow for queuing traffic to pass; 
(d)  arrangements for liaison with the Roads Authority regarding winter
maintenance;
(e)  emergency arrangements 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 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 in order to provide safe access for
pedestrians, cyclists and equestrians;
(i)  details of information signs to inform other road users of construction
traffic;
(j)  arrangements to ensure that access for emergency service vehicles are
not impeded;
(k)  co-ordination with other significant developments known to use roads
affected by construction traffic;
(l)  traffic arrangements in the immediate vicinity of temporary construction
compounds;
(m)  the provision and installation of traffic counters at the applicant's expense
at locations to be agreed prior to the commencement of construction; 
(n)  monitoring, reporting and implementation arrangements; 
(o)  arrangements for dealing with non-compliance; and
(p)  details of HGV movements to and from the site.   
The TMS as approved shall be strictly adhered to during the entire site
construction programme all to the satisfaction of the Council as Planning
Authority. 
Reason – In the interests of road safety. 
6. The proposed route for any abnormal loads on the trunk road and local road
networks must be approved by the relevant roads authority prior to the
movement of any abnormal load. Any accommodation measures required
including the removal of street furniture, junction widening, traffic management
must similarly be approved. The details of any abnormal load movements
required, including any accommodation measures necessary, shall be

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submitted to and agreed in writing by the Planning Authority, in consultation
with Transport Scotland and the Transport Planning. Any request for approval
shall be submitted at least two months prior to the proposed load movement.       
Reason – To ensure that the transportation of abnormal loads will not have any
detrimental effect on the trunk road network 
7. Any additional signing or temporary traffic control measures deemed necessary
due to the size or length of loads being delivered to the development hereby
approved must be undertaken by a recognised Quality Assured traffic
management consultant. The details of any temporary traffic control measures
shall be submitted to and agreed in writing by the Planning Authority, in
consultation with Transport Scotland and Transport Planning. Any request for
such approval shall be submitted at least two months prior to the proposed
temporary control measured being implemented.       
Reason – To ensure that the transportation of abnormal loads will not have any
detrimental effect on the trunk road network 
External Finishing Colour 
8. Prior to the commencement of the development hereby approved, details of the
recessive colour of the proposed external finishing materials to be used for the
hereby approved development components (i.e. battery storage containers,
transformers, customer switch rooms, DNO Switchgear etc) shall be submitted
to and agreed in writing by the Council as Planning Authority.  The scheme as
agreed shall be implemented prior to the completion or bringing into use of the
development, whichever is the earlier. 
Reason – In the interests of visual amenity; to ensure a satisfactory standard of
local environmental quality. 
Biodiversity 
9. The detailed landscaping and planting report (plan 22/00832/22) which is
hereby approved shall be completed within the first available planting season
(October to March) after the completion or bringing into use of the
development, whichever is the earlier.  The approved scheme shall thereafter
be maintained, with any planting which fails to become established within five
years being replaced in the following planting season with others of a size and
species as previously approved.   
Reason – In the interests of visual amenity and to ensure the satisfactory
implementation of the proposed planting scheme. 
Private Water Supply 
10. Prior to the commencement of the development hereby approved, details of the
location and measures proposed for the safeguarding and continued operation,
or replacement, of any septic tanks and soakaways, private water sources,
private water supply storage facilities and/or private water supply pipes serving

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properties in the vicinity, sited within and running through the application site,
shall be submitted to and approved in writing by the Council as Planning
Authority.  The subsequently agreed protective or replacement measures shall
be put in place prior to the development being brought into use and shall
thereafter be so maintained insofar as it relates to the development hereby
approved. 
Reason – In the interests of protecting any existing private water infrastructure
and to ensure the development compliance with the Water Scotland Act 1980. 
Soil Management   
11. All soils excavated in the course of the development hereby approved shall be
retained onsite and repurposed unless otherwise approved in writing by the
Council as Planning Authority. Prior to the development hereby approved
commencing, a Soil Management Statement shall be submitted to the Planning
Authority for approval in writing, this Statement shall set out the extent of any
excavation works to be undertaken and how soils shall be reused and or
managed onsite. All excavation and repurposing of soil shall then proceed in
accordance with the agreed statement.     
Reason – In the interests of soil protecting and management in accordance
with Policy 51 of the LDP2.     
Facility Lifespan 
12. In the event the hereby approved development fails to store electricity on a
commercial basis for a continuous period of 12 months, then it shall be deemed
to have permanently ceased to be required.  In such an event the development
shall be decommissioned, and the relevant parts of the site reinstated within
such timescale as agreed in writing by the Council as Planning Authority. 
Reason – To ensure the facility is removed from the site at the end of its
operational life, and to protect the character of the countryside, the visual
amenity of the area and nature conservation interests. 
B JUSTIFICATION 
The proposal is considered to comply with the Development Plan and there are
no other material considerations that would justify a departure from the relevant
policies. 
C PROCEDURAL NOTES 
None. 
D INFORMATIVES 
1. This planning permission will last only for three years from the date of this
decision notice, unless the development has been started within that period

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(see section 58(1) of the Town and Country Planning (Scotland) Act 1997 (as
amended)). 
2. Under section 27A of the Town and Country Planning (Scotland) Act 1997 (as
amended) the person undertaking the development is required to give the
planning authority prior written notification of the date on which it is intended to
commence the development. A failure to comply with this statutory requirement
would constitute a breach of planning control under section 123(1) of that Act,
which may result in enforcement action being taken. 
3. As soon as practicable after the development is complete, the person who
completes the development is obliged by section 27B of the Town and Country
Planning (Scotland) Act 1997 (as amended) to give the planning authority
written notice of that position. 
4. An application for Building Warrant may be required. 
5. 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. 
6. The applicant is reminded that, under the Wildlife and Countryside Act 1981, as
amended, it is an offence to remove, damage or destroy the nest of any wild
birds while that nest is in use or being built. Planning consent for a
development does not provide a defence against prosecution under this act. 
7. The applicant is reminded that, should any protected species be present a
licence may be required from Scottish Natural Heritage to disturb a protected
species. Failure to obtain a licence may constitute a criminal act under the
Habitats Regulations and penalties are severe for non-compliance. 
8. This development will require the 'Display of notice while development is
carried out', under Section 27C (1) of the Town and Country Planning Act 1997,
as amended, and Regulation 41 of the Development Management Procedure
(Scotland) Regulations 2013. The form of the notice is set out in Schedule 7 of
the Regulations and a draft notice is included for your guidance. According to
Regulation 41 the notice must be: 
• Displayed in a prominent place at or in the vicinity of the site of the
development.
• Readily visible to the public.
• Printed on durable material. 
9. This planning permission is granted subject to conditions, some of which
require further information to be submitted to Development Management either
before works can start on site or at a certain time. The required information
must be submitted via the ePlanning portal if your original application was
lodged that way, otherwise send it to us at
developmentmanagement@pkc.gov.uk. Please be aware that a fee is payable
in respect of each request made, though there is no limit to the number of
conditions that can be discharged in a single request. The Fees Charter is

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available on our website www.pkc.gov.uk.The Council has two months to
consider the information. You should therefore submit the required information
more than two months before your permission expires. We cannot guarantee
that submissions made within two months of the expiry date of your permission
will be able to be dealt with before your permission lapses. 
10. The applicant should ensure that any existing wayleaves for maintenance or
repair to existing private water supply or septic drainage infrastructure in the
development area are honoured throughout and after completion of the
development. 
11. The applicant shall ensure the private water supply for the dwellinghouse/
development complies with the Water Scotland Act 1980 (Section 63), The
Private Water Supplies (Scotland) Regulations 2006 and The Water Intended
for Human Consumption (Private Supplies) (Scotland) Regulations 2017. 
Detailed information regarding the private water supply, including the nature,
location and adequacy of the source, any storage tanks/ pipework and the
filtration and disinfection treatment proposed to ensure provision of an
adequate and consistently wholesome water supply shall be submitted to Perth
and Kinross Council Environmental Health in line with the above Act and
Regulations. 
Background Papers: 2 letters of representation
Contact Officer:  Jamie Torrance 
Date:   2 September 2022 
DAVID LITTLEJOHN
HEAD OF PLANNING & DEVELOPMENT