Agenda Document Pack - Planning and Regulatory Services Committee - 03/09/2026
Moray Council · 3 September 2026
Back to Planning and Regulatory Services Committee — 3 September 2026 and its agenda
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Planning and Regulatory Services Committee Thursday, 03 September 2026 NOTICE IS HEREBY GIVEN that a Meeting of the Planning and Regulatory Services Committee is to be held at Council Chambers, Council Office, High Street, Elgin, IV30 1BX on Thursday, 03 September 2026 at 09:30. BUSINESS 1. Sederunt 2. Declaration of Group Decisions and Members Interests * 3. Minutes of meeting dated 2 July 2026 5 - 30 4. Written Questions ** Guidance Note 31 - 32 5. Planning Application 26/00240/APP Report by Appointed Officer Section 42 to vary condition 1 of consent reference 21/00181/APP at Auchtertyre Quarry, Elgin, Moray for Tarmac Caledonian Ltd 33 - 64 6. Updated Validation Requirements in the Determination of Planning Applications and Other Consents Report by Executive Director Economy, Enterprise and Operations 65 - 92 Page 1
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Summary of Planning and Regulatory Services Committee functions: Town and Country Planning; Building Standards; Environmental Health; Trading Standards; Weights & Measures, Tree Preservation Orders, and Contaminated Land issues. Watching the Meeting You can watch the webcast live by going to: http://www.moray.gov.uk/moray_standard/page_43661.html Webcasts are available to view for 1 year following the meeting. You can also attend the meeting in person. If you wish to attend in person, please come to the High Street entrance door and a member of staff will let you into the Chamber. Page 2
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GUIDANCE NOTES * Declaration of Group Decisions and Members Interests - The Chair of the meeting shall seek declarations from any individual or political group at the beginning of a meeting whether any prior decision has been reached on how the individual or members of the group will vote on any item(s) of business on the Agenda, and if so on which item(s). A prior decision shall be one that the individual or the group deems to be mandatory on the individual or the group members such that the individual or the group members will be subject to sanctions should they not vote in accordance with the prior decision. Any such prior decisions will be recorded in the Minute of the meeting. ** Written Questions - Any Member can put one written question about any relevant and competent business within the specified remits not already on the agenda, to the Chair provided it is received by the Proper Officer or Committee Services by 5pm three working days prior to the day of the meeting, please see Standing Order 36 for deadlines. A copy of any written answer provided by the Chair will be published on the Council’s committee management system by 12pm the day before the meeting. The Member who has put the question may, after the answer has been published, may ask one supplementary question directly related to the subject matter at the meeting, but no discussion will be allowed. No supplementary question can be put or answered more than 10 minutes after the Council has started on the relevant item of business, except with the consent of the Chair. If a Member does not have the opportunity to put a supplementary question because no time remains, then he or she can submit it in writing to the Proper Officer who will arrange for a written answer to be provided within 7 working days. Page 3
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MORAY COUNCIL Planning and Regulatory Services Committee SEDERUNT Councillor David Gordon (Chair) Councillor Paul McBain (Depute Chair) Councillor Peter Bloomfield (Member) Councillor Neil Cameron (Member) Councillor Tracy Colyer (Member) Councillor Theresa Coull (Member) Councillor John Cowe (Member) Councillor John Divers (Member) Councillor Amber Dunbar (Member) Councillor Jérémie Fernandes (Member) Councillor Sandy Keith (Member) Councillor Marc Macrae (Member) Councillor Draeyk van der Horn (Member) Councillor Sonya Warren (Member) Clerk Name: Lissa Rowan Clerk Telephone: 07765 741754 Clerk Email: committee.services@moray.gov.uk Page 4
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MORAY COUNCIL Minute of Meeting of the Planning and Regulatory Services Committee Thursday, 02 July 2026 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor Peter Bloomfield, Councillor Neil Cameron, Councillor Tracy Colyer, Councillor John Cowe, Councillor John Divers, Councillor Amber Dunbar, Councillor David Gordon, Councillor Sandy Keith, Councillor Paul McBain, Councillor Draeyk van der Horn, Councillor Sonya Warren APOLOGIES Councillor Coull, Councillor Fernandes, Councillor Marc Macrae IN ATTENDANCE Executive Director Economy, Enterprise and Operations; Service Manager Planning and Building Standards; N MacPherson, Principal Planning Officer; E Mitchell, Senior Planning Officer; Service Manager Strategic Planning and Development; R MacDougall, Acting Principal Planning Officer; D Anderson, Senior Engineer (Transportation); Service Manager Community Protection; Service Manager Legal Services; and L Rowan, Committee Services Officer. 1 Chair Councillor David Gordon chaired the meeting. 2 Declaration of Group Decisions and Members Interests In terms of Standing Order 21 and 23 and the Councillor's Code of Conduct, there were no declarations from Group Leaders or Spokespersons regarding any prior decisions taken on how Members will vote on any item on the agenda. Councillor Divers declared an interest in Item 6a) “Planning Application 24/01437/APP” as his son is employed by the Applicant, and stated that he would leave the chamber during discussion of this item and take no part in the decision. There were no further declarations of Members interests in respect of any item on the agenda. 3 Minutes Item 3. Page 5
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The Minutes of the meeting of the Planning and Regulatory Services (P&RS) Committee dated 5 March 2026, and special meeting of the P&RS Committee dated 16 March 2026 were submitted and approved. 4 Written Questions The Committee noted that no written questions had been submitted. 5 Planning Application 25/01116/APP Part retrospective planning permission for the construction of agricultural road initial hard rock mineral extraction and mineral processing and construction of temporary junction and part new planning permission for extension of hard rock mineral extraction processing area new access junction and creation of ecological/biodiversity buffer and associated ancillary quarry infrastructure on land at Rosarie Quarry Keith Moray for Backmuir Trading Ltd The meeting had before it a report by the Appointed Officer recommending that, for reasons detailed in the report, part retrospective planning permission be granted for the construction of agricultural road, initial hard rock mineral extraction and mineral processing and construction of temporary junction and part new planning permission for extension of hard rock mineral extraction processing area, new access junction and creation of ecological/biodiversity buffer and associated ancillary quarry infrastructure on land at Rosarie Quarry, Keith, Moray for Backmuir Trading Ltd. The Committee noted that the application had been referred to Committee as it is a major planning application for the extraction of Minerals where the site area exceeds 2 ha. Following consideration, the Committee unanimously agreed to grant planning permission in respect of Planning Application 25/01116/APP subject to the following conditions and reasons: 1. The permission hereby granted shall be for a limited period only and all extraction shall cease on 2 July 2051 (the 'cessation' date). Unless otherwise agreed in writing with the Council as Planning Authority, within 1 year of this date following the completion or permanent cessation of extraction all approved site restoration works must be completed. Reason: To ensure an acceptable form of development having regard to the nature of the current proposal in order that the Council, as Planning Authority may retain control over the use of the site and to ensure that further consideration can be given to the operation, effects and impact of the use hereby approved upon the amenity and character of the area; and furthermore, to ensure the requirements for implementation of the development are carried out in accordance with the earlier approved decision. 2. All quarry operations shall be carried out and permitted between 0800 - 1800, Page 6
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Monday to Friday, and 0800 - 1300, Saturdays and at no other times without the prior written consent of the Council, as Planning Authority, in consultation with Community Protection (Environmental Health), notwithstanding the separate time periods in condition 13 which specifically relate to blasting times. Reason: In order that the times of quarry operations are controlled to minimise disturbance to local residents. 3. During the normal daytime working hours defined in condition 2 the free field Equivalent Continuous Noise Level (LAeq,1h) for the period, (excluding bund formation soil and overburden handling activity), and associated with all quarry operations including drilling, load-out and processing, shall not exceed 54dB(A), as recorded at any existing noise sensitive properties used as dwellings, and be limited to a period not exceeding 8 weeks in any calendar year. Reason: In order that noise generating activities (excluding blasting) from the development is controlled so as not to cause noise nuisance to local residents. 4. During the normal daytime working hours defined in condition 2, the free-field Equivalent Continuous Noise Level (LAeq,1h) for the period, (excluding bund formation soil and overburden handling activity), and associated with load-out operations only, shall not exceed 45dB(A), as recorded at any existing noise sensitive property used as dwellings. Reason: In order that noise from working on the quarry face but not including processing/crushing of material via plant is controlled so as not to cause noise nuisance to local residents. 5. During the normal daytime working hours defined in the above condition, the free-field Equivalent Continuous Noise Level (LAeq,1h) for the period, (excluding bund formation soil and overburden handling activity), and associated with load-out and processing operations only, shall not exceed 52dB(A), as recorded at any existing noise sensitive property used as dwellings. Reason: In order that noise at the quarry face (load out) inclusive of plant/crusher activities are controlled so as not to cause noise nuisance to local residents. 6. Noise from soil and overburden handling shall not exceed the free- field Equivalent Continuous Sound level (LAeq,1hr) of 70 dB(A) at any existing noise sensitive property used as dwellings and be limited to a period not exceeding 8 weeks in a calendar year at any one property. Reason: In order that noise from the bund formation phase of development is controlled and that the duration of this activity is limited in duration, so as not to cause noise nuisance to local residents. 7. Unless otherwise agreed in writing with the Planning Authority, screening bunds shall be formed and located along the northern boundary of the development and in accordance with the height and position as located on the ‘Proposed Page 7
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Quarry Layout’ (ref: 159393/8105 Revision H). These acoustic bunds shall thereafter be maintained throughout the lifetime of quarrying operations at the development. Reason: In order that noise from the development is controlled so as not to cause noise nuisance to local residents. 8. Unless otherwise agreed in writing with the Planning Authority, a noise management scheme will be implemented in accordance with the details provided in Section 9 and Appendix 1 of Volume 2, Appendix 18.1 Management Plan t by Fairhurst, Issue 2, Project Reference 159393 and titled "Rosarie Quarry, West of Keith, Moray". Reason: In order that noise from the development is controlled so as not to cause noise nuisance to local residents. 9. At the reasonable request of the Planning Authority, following a complaint relating to noise from quarry operations at the development, the developer shall measure at its own expense, noise emissions as they relate to the permitted consent limits. The results of such monitoring shall thereafter be provided to and agreed in writing by Planning Authority. In the event of a breach of noise limits a scheme of mitigation shall be brought into action and its implementation agreed with the Planning Authority in consultation with the Community Protection (Environmental Health). Reason: In order that noise from the development is controlled so as not to cause noise nuisance to local residents. 10. Unless otherwise agreed with the Planning Authority, in consultation with Community Protection (Environmental Health), reversing mobile plant vehicles used within the quarry development shall ensure the use of broadband reverse warning systems, as detailed in Section 10.73 in Volume 1, Chapter 10 – Noise of the Environmental Impact Assessment report (EIAR) by Fairhurst. Reason: In order that noise from the development is controlled so as not to cause noise nuisance to local residents. 11. Unless otherwise agreed in writing with the Planning Authority, in consultation with Community Protection (Environmental Health), blasting operations shall carried out in accordance with Section 10.1 to 10.3 and Appendix 3 of Volume 2, Appendix 18.1 Management Plan supporting document by Fairhurst, Issue 2. Reason: In order that blasting operations from the development is controlled so as not to cause nuisance to local residents and noise sensitive buildings. 12. Ground vibration as a result of blasting operations at the development shall not exceed a peak particle velocity of 6 mms-1 (95% confidence level) at residential properties, with no individual blast exceeding a peak particle velocity of 12mms-1. The measurement shall be the maximum of 3 mutually perpendicular directions taken at the ground surface at any vibration sensitive building. Page 8
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Reason: In order that blasting operations from the development is controlled so as not to cause nuisance to local residents. 13. Unless otherwise agreed in writing with the Council, as Planning Authority, no blasting shall be carried out on the site except between the following times (1000 and 1200 hours) and (1400 and 1600 hours) Monday to Fridays and (1000 and 1200 hours) on Saturday. There shall be no blasting or drilling operations on Sundays, Scottish Bank or National Holidays. Reason: In order that blasting operations from the development is controlled so as not to cause nuisance to local residents. 14. Condition 13 shall not apply in cases of emergency when it is considered necessary to carry out blasting operations in the interests of safety. The Planning Authority shall be notified in writing within 7 days of the nature and circumstances of any such event. Reason: To allow necessary blasting operations to be undertaken in emergency situations where there is an overriding need and also to ensure the Council as Planning Authority is kept informed of any such events. 15. Unless otherwise agreed in writing with the Council, as Planning Authority, dust emissions associated with the development shall be suitably managed and mitigated by adhering to a Site Dust Management Plan in accordance with Table 12-11 and Section 12.120 to 12.126 in Volume 1, Chapter 12 Air Quality and Dust of the Environmental Impact Assessment Report (EIAR) and associated Appendices for Chapter 12 for the lifetime of the development. Reason: In order to ensure that dust emissions are controlled so as not to give rise to a nuisance to local residents. 16. No development shall commence until details of the operational site lighting have been submitted to and agreed in writing by the Planning Authority, in consultation with Community Protection (Environmental Health). Thereafter, the agreed lighting details shall be maintained throughout the lifetime of the development. Reason: In order to ensure that light emissions are controlled so as not to give rise to a nuisance to local residents. 17. Prior to the commencement and operation of the development, the access on the A95 trunk road shall be provided, as illustrated by Fairhurst Drawing No. 159393/1001 Revision A, to the satisfaction of the Moray Council as Planning Authority, after consultation with Transport Scotland. Reason: To ensure that the standard of access layout complies with the current standards and that the safety of the traffic on the trunk road is not diminished. 18. Three months prior to any blasting taking place in the quarry hereby approved the blast design shall be submitted to and agreed in writing with the Planning Page 9
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Authority in consultation with Network Rail. For the avoidance of doubt, peak particle velocity shall not exceed 12mm/s at the railway infrastructure as identified within Chapter 11 of the Environmental Impact Assessment Report (EIAR) submitted in support of this planning application. Thereafter blasting shall be carried out in accordance with the agreed details. Reason: To ensure that vibration resulting from quarry blasting operations does not result in any damage or loss of integrity to the neighbouring structures. 19. Three months prior to any blasting work, a vibration monitoring plan shall be submitted by the developer (or their contractors) to determine the effect of blasting on the railway and Network Rail’s infrastructure. The plan shall be approved in writing by the Planning Authority, in consultation with Network Rail. The approved vibration monitoring plan shall include provision for the results of monitoring to be supplied to Network Rail within two weeks of any blasting event. Reason: To safeguard the structural integrity and safe operation of the adjacent railway infrastructure. 20. No development shall commence until a revised site layout plan has been submitted to and approved in writing by the Planning Authority, in consultation with SEPA. The revised plan shall be based on Proposed Quarry Layout (ref: 159393/8105 Rev. H) and shall include clearly defined, location-specific buffer zones around all watercourses, including the proposed new perimeter drain. The watercourse buffers shall: (i) Meet the requirements outlined in Table 1 of Recommended Riparian Corridor Layer for use in Land Use Planning, with access tracks being a minimum of 10m from watercourses. (ii) Provide buffer zones of 50 metres, where subsurface activities exceed 1 metre in depth, unless this cannot be reasonably achieved. In such cases, buffer widths shall be maximised as far as practicable, approaching 50 metres and in all instances not falling below the minimum widths specified in Table 1 of the Recommended Riparian Corridor Layer for Use in Land Use Planning. These watercourse buffer areas shall be provided and maintained at all times unless otherwise agreed in writing by Planning Authority in consultation with SEPA. Reason: To ensure that adequate buffer zones are provided between development activities and watercourses in order to protect the water environment, minimise the risk of pollution, sedimentation and hydrological impacts, and to ensure compliance with SEPA guidance and relevant environmental protection policies. 21. All works shall be carried out in full accordance with Volume 2 – Appendix 18.1: Management Plan of the Environmental Impact Assessment Report (prepared Page 10
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by Fairhurst, Issue 2), unless otherwise agreed in writing by the Planning Authority, in consultation with SEPA. Reason: In order to ensure that the mitigation measures identified within the Environmental Impact Assessment Report (EIAR) are fully implemented and adhered to, thereby minimising potential adverse effects on the environment. 22. All works shall be carried out in accordance with the terms of the submitted Detailed Water Management Plan parts 1 and 2. There must at all times be a named responsible person as Quarry Manager or Site Manager as per section 15 of the Detailed Water Management Plan part 1. Reason: To safeguard and maintain the wholesome provision of water to any private water supply affected by the development and confirm sustainability and water security in the area of the development. 23. Extractive waste shall be managed in accordance with the submitted Extractive Waste Management Plan (Ref: 159393-EWMP-I01) for the development or any revised version of that plan approved in writing by the Council as Planning Authority, in accordance with this condition. Reason: To ensure that extractive waste is handled in a way that ensures the safety and amenity of the public and that protects the environment and to comply with the Management of Extractive Waste (Scotland) Regulations 2010. 24. On expiry of the consent or completion of extraction, whichever is the sooner, all buildings, plant and machinery and other materials brought into the site during extraction shall be removed and the site shall be restored in accordance with the approved plans within a period of 12 months to the satisfaction of the Planning Authority, unless otherwise agreed in writing by the Planning Authority. Reason: In the interests of visual amenity and to ensure the proper reinstatement of the site. 25. Unless otherwise agreed with the Council, as Planning Authority, an aftercare scheme showing such steps as may be necessary to bring the site to the standard required for sustaining the approved restoration shall be submitted to and approved in writing by the Council, as Planning Authority not later than 1 year prior to the date on which it is expected that condition 24 will be complied with and the aftercare scheme shall show: (i) all finished levels within the site; (ii) all steps to be taken and the period during which they are to be taken; (iii) that the aftercare of the site shall be carried out in accordance with the aftercare scheme; and (iv) confirmation within the scheme that aftercare will endure for a 5 year period. Reason: In the interests of visual amenity and to ensure the proper reinstatement of the site. Page 11
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26. No development shall commence unless and until a bond or other form of financial guarantee in terms reasonably acceptable to the Council, as Planning Authority which secures the cost of performance of all restoration and aftercare obligations referred to in condition 25 is submitted to the Council, as Planning Authority. The value of the financial guarantee shall be agreed between the applicant and the Council, as Planning Authority or, failing agreement, determined (on application by either party) by a suitably qualified independent professional as being sufficient to meet the costs of all restoration and aftercare obligations referred to in condition 25. The financial guarantee shall be maintained in favour of the Planning Authority until the date of completion of all restoration and aftercare obligations referred to in condition 25. The value of the financial guarantee shall be reviewed by agreement between the applicant and the Council, as Planning Authority or, failing agreement, determined (on application by either party) 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 restoration and aftercare obligations and best practice prevailing at the time of each review. A final review of the financial guarantee must be submitted not less than 6 months prior to the 25 year period or prior to the final extraction of the quarry it is to cease or is exhausted sooner. Reason: To ensure that there are sufficient funds to secure performance of the restoration and aftercare conditions attached to this deemed planning permission in the event of default by the applicant. 27. Unless otherwise agreed in writing with the Council as Planning Authority, the restoration of the quarry shall be undertaken in a progressive manner in accordance with the following submitted Landscape Restoration Plans: • Landscape Restoration Plan Year 5 (ref: 159393/8017, Rev D) • Landscape Restoration Plan Year 20 (ref: 159393/8018, rev D) • Landscape Restoration Plan (ref: 159393/8101, rev H) Reason: In the interests of visual amenity, landscape quality and biodiversity enhancement. 28. Any trees or plants which (within a period of 5 years from the planting) die, are removed or become seriously damaged or diseased shall be replaced in the following planting season with others of similar size, number and species unless the Council as Planning Authority gives written consent to any variation of this planning condition. This includes those planted as part of the progressive restoration of the quarry in addition to the remaining planting required as part of the final phase of the restoration plan. Page 12
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Reason: In order to ensure that the approved landscaping works are properly maintained in a manner to ensure the appropriate landscaping and quarry restoration is achieved. 29. The development shall be carried out in accordance with the approved Habitat Management Plan (ref: RQK-2603-HMP, dated 11th March 2026). Reviews of the Habitat Management Plan shall be undertaken by a suitably qualified ecologist and submitted in writing to the Council as Planning Authority at years 5, 10, 20 and 30. Reason: To ensure the ongoing monitoring and effective management of habitats in the interests of biodiversity. 30. All mitigation and compensation measures set out in Section 7.100 of Chapter 7 of the Environmental Impact Assessment Report (EIAR)– Biodiversity, shall be implemented in full in accordance with the timescales set out in the approved document. Reason: To ensure the protection of protected species and habitats. 31. No development shall commence until the Council, as Planning Authority have approved in writing the terms of appointment by the applicant of an independent Environmental Clerk of Works (ECoW). The appointed ECoW shall thereafter ensure that all construction activities are undertaken in compliance with ecological best practice and do not adversely affect protected species or their habitats in accordance with Section 2. Habitat Protection Measures within the submitted Habitat Management Plan (ref: RQK-2603-HMP, dated 11 March 2026). Reason: To secure effective monitoring of and compliance with the environmental mitigation and management measures associated with the Development. 32. The Community Wealth Building Plan (Issue 2, dated January 2026) hereby approved shall be implemented in full accordance with the details submitted unless otherwise agreed with the Council as Planning Authority. Reason: In order to ensure compliance with National Planning Framework 4 Policy 25. 6 Planning Application 25/00469/APP Form a battery energy storage facility comprising battery storage units, ancillary buildings and equipment and associated works on Land Near Quarrywood Elgin Moray for Opdenergy UK The meeting had before it a report by the Appointed Officer recommending that, for reasons detailed in the report, planning permission be granted to form a battery energy storage facility comprising battery storage units, ancillary buildings and Page 13
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equipment and associated works on Land Near Quarrywood, Elgin, Moray for Opdenergy UK. The Committee noted that the application had been referred to Committee as it is a major application as defined under the Scottish Government’s hierarchy of developments, where it relates to energy infrastructure exceeding 20mW in capacity. The Service Manager Legal Services advised that a significant number of emails had been received by Members recently from parties with an interest in the application and advised that, as these had been submitted outwith the statutory period for representations, these should be disregarded, however any original submissions should be taken into account. This was noted. During discussion, Councillor Bloomfield noted that solid state batteries may come into use by 2027 and queried what would happen to the site should it need to be decommissioned earlier than anticipated. In response, N MacPherson, Principal Planning Officer advised that the planning system had no policy to dismiss or curtail development based on possible emerging technology however suggested an addition to Condition 27 to mitigate any risk of the development becoming obsolete sooner than anticipated. This was noted. Councillor van der Horn raised concerns regarding the use of prime agricultural land for the proposed battery energy storage facility and was of the view that the application did not fully comply with Scottish Government guidance on battery energy storage systems. In particular, he highlighted the absence of a financial guarantee or bond for decommissioning, restoration and aftercare, noting that the bond referred to in the report related to road wear and tear only. He also raised concerns about fire risk, the lack of detail from the Scottish Fire and Rescue Service, potential impacts on the nearby A96 and Quarry Wood SSSI, and the risk of pollution to watercourses and private water supplies. On that basis, Councillor van der Horn moved that the Committee agree to refuse planning permission in respect of Planning Application 25/00469/APP. Councillor Cameron seconded this. The Chair sought agreement from the Committee to have a short adjournment so that Councillors van der Horn and Cameron could confirm the planning policies which they considered the proposal to be contrary to. This was agreed. On resumption of the meeting, Councillor van der Horn stated that, in his opinion, the proposal failed to comply with National Planning Framework 4 Policy 5 (Soils) to protect prime agricultural land, Policy 3 (Biodiversity) due to the impact on biodiversity and wildlife, Policy 8 (Green Belts) due to the proximity of the development to the Countryside Around Towns and Quarry Wood SSSI, Policy 22 (Flood Risk and Water Management), and Policy 23 (Health and Safety) due to the impact on human health due to fire and safety hazards; and Moray Local Development Plan 2020 Policy PP1 (Placemaking) as agricultural land should not be unduly compromised, Policy EP14 (Pollution, Contamination and Hazards) due to materials required for the development, and Policy DP1 (Development Principles) due to the industrial nature and impact of the development on the local environment and community. Councillor Cameron agreed that the proposal failed to comply with the policies stated by Councillor van der Horn. Page 14
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The Service Manager Legal Services acknowledged the concerns of some members of the Committee in relation to land restoration and noted that Condition 27 already covered a decommissioning and restoration requirement however suggested that, if the Committee were minded, Condition 27 could be further amended to include the requirement of a restoration bond to secure those works. This was noted. Councillor McBain moved, as an amendment, that the application be approved as recommended by the Appointed Officer, subject to the conditions detailed in the report, stating that battery energy storage was required to support the national grid and would form essential infrastructure for Elgin, Moray and the wider area. He acknowledged concerns regarding the use of prime agricultural land but considered that National Planning Framework 4 allowed such use where justified by essential infrastructure. He also noted that consultees, including Scottish Water, had not objected, and that the application was being recommended for approval subject to conditions relating to matters including fire safety, water management and construction impacts. He welcomed the suggested amendment to Condition 27 from N MacPherson, Principal Planning Officer and the Service Manager Legal Services, noting that it would help address the risk of the development becoming obsolete sooner than anticipated and that the suggested restoration bond would ensure restoration works are completed. This was seconded by Councillor Keith. On a division there voted: For the Motion (8): Councillors van der Horn, Cameron, Bloomfield, Cowe, Divers, Dunbar, Gordon and Warren For the Amendment (2): Councillors McBain and Keith Abstentions (1): Councillor Colyer Accordingly, the Motion became the finding of the meeting and the Committee agreed to refuse planning permission in respect of Planning Application 25/00469/APP as the proposal fails to comply with National Planning Framework 4 Policy 5 (Soils) to protect prime agricultural land, Policy 3 (Biodiversity) due to the impact on biodiversity and wildlife, Policy 8 (Green Belts) due to the proximity of the development to the Countryside Around Towns and Quarry Wood SSSI, Policy 22 (Flood Risk and Water Management), and Policy 23 (Health and Safety) due to the impact on human health due to fire and safety hazards; and Moray Local Development Plan 2020 Policy PP1 (Placemaking) as agricultural land should not be unduly compromised, Policy EP14 (Pollution, Contamination and Hazards) due to materials required for the development, and Policy DP1 (Development Principles) due to the industrial nature and impact of the development on the local environment and community. 7 Planning Application 24/01437/APP Page 15
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Erect 204 homes (51 affordable), 4 retail units (Unit A – 370sqm Unit B – 100sqm Unit C – 111sqm and Unit D – 75sqm), nursery, landscaping and associated works on Land at South Glassgreen Phase 3 Elgin Moray for Springfield Properties PLC Councillor Divers, having declared an interest in this item, left the chamber at this juncture and took no part in the decision. Councillor Cowe left and re-joined the meeting during discussion of this item. The meeting had before it a report by the Appointed Officer recommending that, for reasons detailed in the report, planning permission be granted to erect 204 homes (51 affordable), 4 retail units (Unit A – 370sqm Unit B – 100sqm Unit C – 111sqm and Unit D – 75sqm), nursery, landscaping and associated works on Land at South Glassgreen, Phase 3, Elgin, Moray for Springfield Properties PLC. The Committee noted that the application had been referred to Committee as it is a major development as defined under the Scottish Government’s hierarchy of developments as it involves a development of more than 50 houses and the site area exceeds 2 hectares. During his introduction, N MacPherson, Principal Planning Officer advised of an error in the report that states Unit A is 370sqm when is should be 325sqm. He further highlighted the list of plans referenced in the report and advised that some of these had been removed due to repetition however nothing that had been removed would affect the recommendation. This was noted. Councillor van der Horn welcomed the allotments within the development however queried whether any of them would be accessible. In response, N MacPherson, Principal Planning Officer suggested amending condition 34d) to ensure the provision of accessible allotments. This was agreed. Councillor van der Horn stated that a number of his constituents had raised concern in relation to the use of chemical sprays in common land and play areas and queried whether a condition could be added to prohibit the use of chemical sprays in such places. In response, N MacPherson, Principal Planning Officer advised that the Council could not enforce a condition to prohibit the use of chemical sprays however suggested the addition of an informative to encourage the avoidance of using toxic chemicals. This was agreed. Thereafter, the Committee unanimously agreed to grant planning permission, as recommended, in relation to Planning Application 24/01437/APP subject to the: • completion of an appropriate legal agreement securing developer obligations relative to education (new primary and secondary schools or such other education facilities), transportation and healthcare (additional accommodation at Linkwood Medical, additional dental chairs and pharmacy); Page 16
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• inclusion of an informative to encourage the avoidance of using toxic chemicals; • following conditions and reasons, including an amendment to Condition 34d) to ensure the provision of accessible allotments; 1. The development to which this permission relates must be begun not later than the expiration of 3 years beginning with the date on which the permission is granted. Reason: The time limit condition is imposed in order to comply with the requirements of section 58 of the Town and Country Planning (Scotland) Act 1997 as amended. 2. No development shall take place until a phasing plan, confirming the triggers for delivery of the pre-school nursery, affordable housing, accessible housing, the three eastern retail units, public art (wayfinding infrastructure), the allotments and the northern play area have been submitted to and approved in writing by the Council as Planning Authority. Thereafter the phasing shall be carried out in accordance with the approved phasing plan unless otherwise agreed in writing by the Council as Planning Authority. Reason: In order to ensure the timeous delivery of the elements of the developments identified and ensure for the benefit to the new residents is realised within a reasonable timeframe. 3. Construction works (including vehicle movements) associated with the development audible at any point on the boundary of any noise sensitive dwelling shall be permitted between 0800 - 1900 hours, Monday to Friday and 0800 - 1300 hours on Saturdays only, and at no other times out with these permitted hours (including National Holidays). The above construction hours shall apply, unless otherwise agreed in writing with the Planning Authority, and where so demonstrated exceptional operational constraints require limited periods of construction works to be undertaken out with the permitted construction hours. Reason: To protect local residents from noise nuisance in ensuring the construction phase is restricted within permitted hours. 4. No development shall commence until a Construction Environmental Management Plan (CEMP) has been submitted and agreed in writing by the Planning Authority in consultation with the Environmental Health Manager. The plan shall include measures to minimise construction related noise (including vibration), dust and artificial lighting. Thereafter the development will be carried out in accordance with the agreed plan. Reason: In order that environmental emissions are considered and managed at the construction phase, in order to protect local residents. 5. Unless otherwise agreed in writing with the Planning Authority, the opening times of the development's retail use buildings, indicated as "Retail A, B and C" Page 17
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on drawing no. M005_SL_PH3_13 and the Retail unit shown on ground floor of drawing no. M005_CS3_PL01, shall be permitted between 0700 to 2200 hours. Reason: To protect local residents from noise nuisance by ensuring the development is restricted to permitted hours. 6. Unless otherwise agreed in writing, HGV deliveries to the retail development units, indicated as "Retail A, B and C" on drawing no. M005_SL_PH3_13, shall not be permitted between the hours of 1900 to 0700 hours. Reason: To protect local residents from noise nuisance by ensuring the development deliveries are restricted to permitted hours. 7. The Rating Level, LA eq, Tr , associated with the operation of HGV vehicles at the retail development units, indicated as "Retail A, B and C" on drawing no. M005_SL_PH3_13, shall not exceed those levels stated in Table 5.4, page 30 of the noise impact assessment supporting document by Resound Acoustics Limited, dated 25th July 2025, Report Reference : RA00859- Report 1, and titled "A Noise Assessment for Land at South Glassgreen Phase 3, Elgin, Moray. Reason: To protect local residents from noise nuisance from the development. 8. Details of any fixed building service plant proposed at the retail development units, indicated as "Retail A, B and C" on drawing no. M005_SL_PH3_13 shall be submitted and agreed in writing with the Planning Authority prior to their installation and the rating level of noise, LA eq, Tr, shall not exceed those stated in Table 5.5, page 31 of the noise impact assessment supporting document by Resound Acoustics Limited , dated 25th July 2025, Report Reference : RA00859- Report 1, and titled "A Noise Assessment for Land at South Glassgreen Phase 3, Elgin, Moray. Reason: To protect local residents from noise nuisance from the development. 9. Unless otherwise agreed in writing with the Planning Authority, and in relation to plots 196 to 206 at the development, the glazing and ventilation sound reduction performance shall be as indicated in Figure F.4 and associated "Key" in page 52 of the noise impact assessment supporting document by Resound Acoustics Limited , dated 25th July 2025, Report Reference : RA00859- Report 1, and titled "A Noise Assessment for Land at South Glassgreen Phase 3, Elgin, Moray. Reason: To protect local residents from noise nuisance due to road traffic noise. 10. Unless otherwise agreed in writing with the Planning Authority, prior to plots 198,199 and 200 being occupied the rear boundary fences shall be provided with an acoustic fence of 2.4m height and a minimum surface density of 18kg/m2, as detailed in See 6.46 to 6.52 of the noise impact assessment supporting document by Resound Acoustics Limited, dated 25th July 2025, Report Reference : RA00859- Report 1, and titled "A Noise Assessment for Land at South Glassgreen Phase 3, Elgin, Moray", and thereafter maintained Page 18
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throughout the lifetime of the development. Reason: To protect local residents from noise nuisance due to road traffic noise. 11. Unless otherwise agreed in writing with the Planning Authority, prior to plots 196,197, and 201 to 206 being occupied the rear boundary fences shall be provided with an acoustic fence of 1.8m height and a minimum surface density of 18kg/m2, as detailed in See 6.46 to 6.52 of the noise impact assessment supporting document by Resound Acoustics Limited , dated 25th July 2025, Report Reference : RA00859- Report 1, and titled "A Noise Assessment for Land at South Glassgreen Phase 3, Elgin, Moray", and thereafter maintained throughout the lifetime of the development. Reason: To protect local residents from noise nuisance due to road traffic noise. 12. Prior to the development of the nursery building commencing details specifying the colour of the proposed profile roofing shall be submitted to and approved in writing by the council as planning authority. The building shall thereafter be developed in accordance with the approved details. Reason: In order to ensure the selected colour of the building's roof can be controlled by the council's planning authority. Transportation Conditions 13. Prior to the commencement of development details shall be submitted for approval in writing by the Planning Authority in consultation with the Roads Authority to confirm the appearance, management, operation and maintenance arrangements and responsibilities for all communal bin storage areas within the development in all respects, for the safety of all road users including but not limited to the following; Arrangements and responsibilities (details of organisation and contact details) for routine and emergency cleansing to ensure waste materials do not impact on the use of the public road or safety of road users; Thereafter unless otherwise agreed in writing by the Planning Authority, the bin storage areas shall be managed, maintained and operated in accordance with the approved details. Reason: In the interests of road safety and the submission of details currently lacking from the submitted particulars to date. 14. Notwithstanding the details provide (Drawing MO05_SL_PH3_14 Rev D) which appear to show the locations of cycle parking for use by flats and apartments. No flat or apartment which requires cycle parking shall be completed or occupied until details of the proposed cycle shelter or lockers have been submitted for approval in writing by the Planning Authority in consultation with the Roads Authority. Page 19
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Reason: In the interests of an acceptable form of development and the provision of infrastructure to support the use of low carbon transport, through the provision of details currently lacking from the submission. 15. No works shall commence on site until a Construction Traffic Management Plan has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority. The Construction Traffic Management Plan shall include the following information: (i) duration of works; (ii) construction programme; (iii) details for type and volumes of bulk materials to be removed from or brought to site via the public road network including origin and destinations; (iv) construction compound(s) including access details, provisions for turning to ensure all vehicles enter and exit in a forward gear; (v) construction traffic routes to be used between all compound/access points and the adopted ‘A’ class road network; (vi) number of vehicle movements (i.e. materials, plant, staff, components); (vii) anticipated schedule for delivery of materials and plant; (viii) full details of any temporary construction access; (ix) measures to be put in place to prevent material being deposited on the public road; (x) measures to be put in place to safeguard the movements of pedestrians; (xi) traffic management measures to be put in place during works including any specific instructions to drivers; and (xii) parking provision, loading and unloading areas for construction traffic. Thereafter, the development shall be implemented in accordance with the approved details. Reason: To ensure an acceptable form of development in terms of the arrangements to manage traffic during construction works at the site. 16. EV charging facilities shall be provided in accordance with the approved details (EV Charging Plan MO05_SL_PH3_08 Rev G prior to the associated house, flat, retail, commercial or nursery unit becoming occupied or opened to the public and maintained for use thereafter unless otherwise agreed in writing by the Planning Authority. Reason: In the interests of an acceptable form of development and the provision of infrastructure to support the use of low carbon transport, through the provision of details currently lacking from the submission. 17. Parking provision shall be provided and made available for use at all times to the Moray Council Parking Standards for each class of development use together with provision for secure cycle parking and facilities for electric vehicle charging. The standards for parking as applied at the time of any application for development shall be in accordance with Parking Standards of the Moray Local Development Plan 2020 and any associated guidance setting out the standards of parking including any equivalent planning policy and/or guidance which Page 20
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supersedes or replaces the identified provisions of the development plan during the lifetime of the permission hereby approved. Reason: To ensure the permanent availability of the level of parking necessary for residents/visitors/others in the interests of an acceptable development and road safety. 18. No boundary fences, hedges, walls or any other obstruction whatsoever over 1.0 metre in height and fronting onto the public road shall be within 2.4 metres of the edge of the carriageway, measured from the level of the public carriageway, unless otherwise agreed in writing by the Council, as Planning Authority in consultation with the Roads Authority. Reason: To enable drivers of vehicles leaving driveways to have a clear view over a length of road sufficient to allow safe exit, in the interests of road safety for the proposed development and other road users. 19. Prior to any retail or commercial development being first occupied or brought into use, whichever is the sooner; a Deliveries Management Plan shall be submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority. The Plan shall provide for the management of all deliveries to the development. Thereafter, all deliveries shall be undertaken in accordance with the approved Deliveries Management Plan. Reason: To ensure an acceptable form of development in relation to the provision and management of facilities for deliveries to the development in the interests of road safety. 20. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (or any amendments to this order) all service strips along plot frontages shall be kept free from any obstruction and no amendments to the approved planting shall be permitted. Reason: To ensure an acceptable form of development and effective roads drainage infrastructure is provided and safeguarded. 21. Details, including maintenance arrangements for hedges and shrubs to be planted adjacent to parking spaces which confirm that any hedges shall be planted at least 1.0 metres from the edge of the parking space and all hedges and shrubs will be maintained at least 0.4m clear from the adjacent parking space in order to preserve space to access parked vehicles at all times. Thereafter the development shall be constructed in accordance with the approved details. Reason: To ensure an acceptable development in terms of parking provision and amenity of the area. Hedge planting. 22. Prior to the commencement of development in Character Area ‘Burnie Road West’, an updated plan must be submitted for the four-space groupings of Page 21
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allocated parking spaces identified for plots 19-20, 13-21, 25-26, 39-41, 93-100 and 188-195 showing them separated by a street tree. Thereafter the parking and planting must be developed in accordance with that amended plan showing inclusion of the street trees. Reason: In order to ensure the dominance of parking is reduced. Lower Burnside 23. Notwithstanding the details submitted for the A941/Lower Burnside ghost island junction (which are not accepted due to insufficient detail for visibility splays, road geometry, vehicle swept paths, and measures to mitigate risks from vehicles stopping on the A941), and details submitted for the proposed active travel refuge crossing to the north of Culzean Road, which are not accepted due to the road geometry; a) No construction of houses or retail units shall commence on any part of the Lower Burnside development until details (Plans Scale 1:500 minimum) have been submitted for approval in writing by the Planning Authority in consultation with the Roads Authority for the following: (i) Details of all access road, service vehicle arrangements and junctions connecting Lower Burnside to the adopted road network which address road safety issues including but not limited to details for all visibility requirements (horizontal and vertical profiles for 4.5m x 215m visibility splays, vehicle swept paths, road geometry and a Stage 1/2 Road Safety Audit of the proposals. b) Prior to the commencement of construction on any retail/commercial unit within Lower Burnside or their associated infrastructure (roads, parking etc), the following details must be submitted for approval in writing by the Planning Authority in consultation with the Roads Authority; (i) Details (Plans scale 1:500 min) for access and servicing of retail/commercial units to mitigate potential road safety issues from reversing vehicles or potential for any vehicles to impact on traffic entering/exiting the site or the A941. (ii) Details (Revised layout or other measures to be agreed) to address road safety issues which may arise from vehicles including HGV’s stopping on the A941 road, verges or cyclepaths in order to access the proposed retail/commercial units. (iii) In addition to or replacement of, the steps to the east of Retail unit C with a DDA compliant ramped access (1:20 maximum gradients). (iv) Details of proposed car parking have been provided to remove the need for vehicles to cross the footway to access parking spaces located on the West side of Unit A. (v) Details (Plans scale 1:500 minimum) for the proposed cyclepath crossing to the north of Culzean Road which address road alignment and geometry issues. (vi) Details (Plans scale 1:500 minimum) for the proposed Lower Burnside access arrangements and any works to the A941 and the ‘Overall Future Layout’. Thereafter unless otherwise approved in writing by the Planning Authority; Page 22
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c) Prior to completion of any retail or commercial unit with Lower Burnside the following shall be completed and opened to the public in accordance with the approved details: (i) The road access to Lower Burnside from the adopted road network. (ii) Cyclepath on west side of A941 from Lower Burnside southwards to and including provision of new A941 dropped kerb crossing to Birkenhill. (iii) Cyclepath on west side of A941 from Lower Burnside northwards to and including provision of new cyclepath crossing and pedestrian refuge to north of Culzean Road. (iv) Cyclepath crossing and refuge at the Fyvie Green/A941 junction. (v) Cyclepath connection to the west between Blairfindy Drive and Lower Burnside. d) Prior to the completion of any residential unit within Lower Burnside each house shall be connected to the existing adopted footpath network by a continuous path to adopted or prospectively adoptable standard (completed to base course or final wearing course and opened to the public) and connected to the existing adopted/prospectively adoptable path network to the west or north. Reason: In the interests of Road Safety, the provision of appropriate infrastructure to access the development, an acceptable form of development and the submission of details currently lacking or shown incorrectly on the submission. 24. Unless otherwise agreed in writing with the Council as Planning Authority any amendment of the Lower Burnside roadway and service delivery layout for the retail units resulting from the previous planning condition, must place more emphasis to the units as a gateway feature for the vehicular approach to the south side of Elgin northward on the A941. The reconfiguration of the layout and retail units must improve the frontage of the units to the south east, for those approaching the settlement from the south. Reason: In order to comply with the updated Elgin South Masterplan and improve the approach to Elgin from the south. 25. Unless otherwise agreed in writing with the Council as Planning Authority, the footpath between plots 181 and 182 and the adoptable public footpath/cycleways linking Lower Burnside to Parkview Character area to the southwest and to Blairfindy Drive to the west of the retail units must be street- lit. Reason: In order to avoid any ambiguity regarding the terms of the consent and to ensure the public path to Lower Burnside are attractive and safe routes for the pedestrians even in poor light. 26. Unless otherwise agreed in writing with the Council as Planning Authority, additional wayfinding information and timescales for delivery must be submitted to and approved by the Council to make clearer and enhance the route between the square and retail units at Lower Burnside character area. This will take the form of public art embedding artistic paving, Page 23
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structure/sculptures connecting spaces along the route or some other means of wayfinding that incorporates an element of public art. The approved details shall be implemented in accordance with the approved details and agreed timescales. Reason: In order to improve the legibility of the development for pedestrians and also to provide the necessary public art to ensure placemaking objectives are achieved. A941 Cyclepath 27. Notwithstanding the details submitted for the cyclepath provisions on the west side of the A941 (which are not accepted), no development shall commence until the following details have been submitted for approval in writing by the Planning Authority in consultation with the Roads Authority: • Revised details (Plans scale 1:500 minimum) for the cyclepath alignment at the Glassgreen farm access to provide a minimum buffer width which is appropriate to the speed limit of the road in accordance with Cycling by Design. Thereafter; a) Prior to completion of any unit of accommodation within Glassgreen Village the following shall be completed in accordance with the approved details: • Cyclepath on west side of A941 from Fyvie Green to Culzean Road. • A941 Culvert crossing (Drawing 1016 Rev A). Reason: In the interests of Road Safety, active travel and the provision of appropriate infrastructure to access the development, an acceptable form of development and the submission of details currently lacking or shown incorrectly on the submission. Glassgreen Village 28. No development shall commence on any part of the site until a phasing plan identifying the roads to be completed as part of each phase has been submitted for approval in writing by the Planning Authority in consultation with the Roads Authority. Thereafter unless otherwise approved in writing by the Planning Authority no residential house or flat within Glassgreen Village shall be completed until the masterplan bus route connection between Birnie Road has been completed in accordance with the approved details and is available for public use, and the roads connecting the house or flat to the bus route have been completed and opened to the public. Reason: In the interests of road safety and the provision of necessary infrastructure at the appropriate stage of the development. 29. Unless otherwise agreed in writing with the Council as Planning Authority, and prior to development commencing, further detail must be provided of the purpose and planting of the open spaces between plots 18 & 19 and north of the Page 24
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flats 66-69 including delivery timescales. Their close proximity to dwellings would lend their use to forming a clearer social space with more picnic benches or an unequipped play area and details must clarify there intended function. Thereafter their use and provision must in accordance with the approved details and timescales. Reason: In order to ensure the use of the open spaces identified is clear and their purpose is clarified. Affordable Housing 30. Unless otherwise agreed in writing, no development shall commence until details of the affordable housing specification have been submitted to and approved by the Council, as Planning Authority in consultation with the Housing Strategy and Development Manager. This information must include details regarding arrangements for the delivery and provision of the affordable housing on the site, including confirmation of the identity of the organisation (or other similar agency) responsible for the provision and management of all affordable housing provided on the site for the lifetime of the development. Thereafter the development shall be implemented in accordance with the approved details. Reason: To ensure an acceptable form of development in terms of the required provision and delivery of affordable housing within the site, and that it is managed accordingly for the lifetime of the development. 31. The accessible housing units (minimum 20) shall be provided in accordance with the submitted drawing numbers FDE/ARC/012 Rev E, unless otherwise agreed in writing by the Council, as Planning Authority. Notwithstanding the above, a Compliance Statement to demonstrate that the interior and exterior access requirements of Moray Local Development Plan 2020 Policy DP2(f) have been met in full must be submitted to and approved in writing by the Council as Planning Authority (in consultation with the Housing Strategy Service Manager) prior to the construction of any accessible units. Thereafter, the units shall at all times remain as accessible housing and capable of adaptation for accessible housing needs, unless otherwise agreed with the Council, as Planning Authority. Reason: To ensure an acceptable form of development in terms of the required provision and delivery of accessible housing on the site. 32. Prior to development commencing, a revised equipment plan for the new play area must be submitted to approved in writing by the Council as Planning Authority to demonstrate that at least 50% of play equipment apparatus in the new play area must be designed to be inclusive for disabled users. Any subsequent replacement equipment in the future must be similarly selected to ensure the park can accommodate all abilities. The playpark shall thereafter be developed in accordance with revised equipment plan and timescales sought in condition 2 above. Page 25
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Reason: In order to ensure that the play park provides appropriate mix or play equipment to accommodate all potential users. 33. Prior to development commencing, amended details must be submitted to and approved showing all key buildings and houses amended to better emphasize the pallet of material finishes and key frontage they occupy within the character areas within which they would are set. This would see each buildings primary facades, showing a more distinct appearance than the adjoining residential units in the same character area or which they overlook. The development shall be implemented in accordance with the approved details. Specifically; (i) Key buildings to have full elevational treatment - front and sides/corner (depending on location) at Plots 132, 153 and 175. (ii) Main finish on front elevations to be anstone or cladding as appropriate to house type (e.g. full elevation with material) at Plots 16, 17, 35, 36, 40, 41, 45, 48, 49, 52, 59, 60, 110 and 118. (iii) Main finish on front elevations to be cladding at Plots 202 and 203. Reason: In order to ensure the placemaking requirements of the development plan have been met and ensure a clearer distinction between character areas and key frontages. 34. Unless otherwise agreed, no development shall commence until the following information has been submitted to and approved in writing by the Council, as Planning Authority: a) A finalised layout for the northern play area, near the retail units, showing the finalised layout of all equipment, paths, enclosures, play surfaces. Confirmation that all play equipment and surfacing must utilise non-toxic materials; and details to be submitted must include a manufacturers specification and information to evidence use of non-toxic material. b) Maintenance and management plans for the play area covering the funding arrangements for the long-term delivery and upkeep, and parties responsible for these. c) Details of all bench seating and litter bins to be provided on the site, including timescales for their provision. d) Details of the layout of the allotments and future delivery mechanism of the allotments, including, fence enclosures, provision of 20% wheelchair accessible raised beds, water servicing arrangements and timescale for delivery. e) Phasing plan including timescales for provision of all existing tree protection, landscaping works (hard and soft), biodiversity measures and equipped play areas. The landscaping works and biodiversity measures shall be carried out upon completion of each character area in which it sits. f) Details regarding the long-term monitoring and maintenance of all landscaping and the biodiversity measures and landscaping/woodland management on site (for a 30-year period) to secure long-term retention. This shall be closely based on the supporting documents titled 'Glassgreen Phase 3, Elgin BIODIVERSITY MANAGEMENT PLAN' dated February 2024 by Dr Eric Donnelly, and its table of proposed biodiversity enhancement measures. Page 26
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Thereafter the approved equipment, fencing, landscaping/woodland and biodiversity measures shall be implemented and maintained in accordance with the approved details, unless otherwise agreed by the Council, as Planning Authority. Reason: To ensure that the works to install the approved equipped areas, landscaping, bench seating, litter bins and allotments are timeously carried out and properly maintained for the lifetime of the development; that the play areas are inclusive, providing equipment so the facility is for every child/young person regardless of ability; and to ensure distinctive urban form with public art to provide good orientation and navigation. 35. All of the measures identified in the supporting document titled “Residential Development and Associated Infrastructure on Land at South Glassgreen Village Phase 3, Elgin South Community Wealth Building Plan NPF4 Policy 25 Complain Statement” ', dated September 2024 shall be implemented, unless otherwise agreed in writing with the Council, as Planning Authority. This shall include the submission of a monitoring report to show progress of the measures in the statement after 2 and 5 years following commencement of works and upon completion of the development, unless otherwise agreed in writing. Reason: To ensure that the development proceeds in accordance with the submitted Community Wealth Building statement, to ensure compliance with National Planning Framework 4 Policy 25 - Community Wealth Building. 36. No works in connection with the development hereby approved shall commence unless an archaeological written scheme of investigation (WSI) has been submitted to and approved in writing by the planning authority and a programme of archaeological works has been carried out in accordance with the approved WSI. The WSI shall include details of how the recording and recovery of archaeological resources found within the application site shall be undertaken, and how any updates, if required, to the written scheme of investigation will be provided throughout the implementation of the programme of archaeological works. Should the archaeological works reveal the need for post excavation analysis the development hereby approved shall not be occupied or brought into use unless a post-excavation research design (PERD) for the analysis, publication and dissemination of results and archive deposition has been submitted to and approved in writing by the planning authority. The PERD shall be carried out in complete accordance with the approved details. Reason: To safeguard and record the archaeological potential of the area. 37. Prior to development commencing, a detailed plan showing the typical elevation and the precise location of all ‘feature walls’ within the site shall be submitted to and approved by the Council as Planning Authority. Thereafter the feature wall shall be built in accordance with the approved plan and locations. Reason: In order to ensure clarity is provided as the extent of the walls, which is not clear from the submitted details. Page 27
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38. The retail units Use Class 1A (Shops and Financial, Professional and Other Services) of The Town and Country Planning (Use Classes) (Scotland) Order 1997 as amended shall be advertised for sale or lease on the open market by a chartered surveyor, for a minimum of 5 years/60 months from their completion after which a review of the marketing period will be required if units remain vacant. In order to inform this process, the following details shall be provided for written approval by the Council, as Planning Authority: a) Within three months of their completion of all of the units a detailed schedule for the sale/letting arrangements of the retail/commercial units must be provided to include details of the rent proposed, potential letting terms, and marketing arrangements. The units must be advertised at a market rent as defined by the RICS Valuation - Global Standards or less. b) If any of the units remain vacant after 5 years/60 months from their completion a review by the Council, as Planning Authority of the sale/letting arrangements and marketing period will be undertaken with evidence provided by the applicant in respect of the period which the units were marketed, where they have been marketed and the sales letting price. Reason: In order to ensure the timely and effective delivery of the ground floor retail units within the development to ensure the masterplan is delivered and that a sustainable community is provided, including a unit of sufficient size that will meet the day to day convenience needs of the neighbourhood. 39. Prior to development commencing details and timescales for the maintenance regime and any enclosure details for the area of the ‘proposed future school site’ must be submitted to and approved in writing with the Council as Planning Authority. The approved details shall thereafter be implemented. Reason: In order to ensure details of these areas are maintained and are considered and to ensure it does not detract from the visual amenity of the wider area until such time as it is required for development. 8 Proposal of Application Notice - 26/00367/PAN Reopening of quarry to extract approximately 500,000 tonnes of material with associated reinstatement at Fairyhills Quarry, south of Forres. Councillor Divers rejoined the meeting at this juncture. Councillor van der Horn left the meeting at this juncture. The meeting had before it a report by the Executive Director Economy, Enterprise and Operations informing the Committee that a Proposal of Application Notice (PAN) had been submitted on 24 March 2026 on behalf of Altyre Estate and invited any comments from the Committee. Following consideration, the Committee unanimously agreed to note the proposal of application notice 26/00367/PAN in relation to the reopening of quarry to extract approximately 500,000 tonnes of material with associated reinstatement at Fairyhills Page 28
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Quarry, south of Forres and confirmed that it had no comments or concerns to communicate to the applicant. 9 Proposal of Application Notice - 26/00409/PAN Development of an anaerobic digestion facility proposed infrastructure and associated development Councillor van der Horn rejoined the meeting at this juncture. The meeting had before it a report by the Executive Director Economy, Enterprise and Operations informing the Committee that a Proposal of Application Notice (PAN) had been submitted on 3 April 2026 on behalf of Rothes CoRDe Limited. Following consideration, the Committee unanimously agreed to note the proposal of application notice 26/00409/PAN for the development of an anaerobic digestion facility, proposed infrastructure and associated development and confirmed that it had no comments or concerns to communicate to the applicant. 10 Suspension of Standing Orders The Chair sought the agreement of the Committee to suspend Standing Order 75 to allow the meeting to continue beyond 12:45 pm. This was agreed. 11 2025-28 Growth, Planning and Climate Service Plan - Year 2 refresh The meeting had before it a report by the Executive Director Economy, Enterprise and Operations inviting the Committee to consider the Planning and Regulatory Services elements of the Growth, Planning and Climate Service Plan (Year 2 refresh), noting that the Service Plan was considered at the Economic Development and Infrastructure Services Committee on 16 June 2026. Following consideration, the Committee unanimously agreed to approve the Planning and Regulatory Services elements included in the Growth, Planning and Climate Service Plan (Year 2 refresh) as set out in Appendix 1 of the report. 12 Performance Report (Growth, Planning and Climate - Planning) – Period to March 2026 The meeting had before it a report by the Executive Director Economy, Enterprise and Operations asking the Committee to scrutinise performance in areas of service planning, service performance and other related data to the end of March 2026 and note actions being taken to improve performance where required. Following consideration, the Committee unanimously agreed to note: Page 29
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(i) performance in areas of Service Planning, Service Performance and other related data to the end of March 2026; and (ii) actions being taken to improve performance where required. 13 Development Plan Scheme 2026 - Moray Local Development Plan Councillor Colyer left the meeting at this juncture and gave apologies for the remainder of the meeting. Under reference to paragraph 9 of the Minute of the meeting of this Committee dated 17 December 2024, the Committee had before it a report by the Executive Director Economy, Enterprise and Operations providing an updated timetable for the preparation of the new Local Development Plan (LDP) and asking the Committee to agree that the Development Plan Scheme (DPS) and Participation Statement are submitted to the Scottish Government. Following consideration, the Committee unanimously agreed: (i) the Development Plan Scheme and Participation Statement for 2026 as set out in Appendix 1 of the report for submission to the Scottish Government; and (ii) to note that the Participation Statement will be publicly consulted upon for 6 weeks and any comments received will be considered when finalising the consultation arrangements for the Proposed Plan. 14 Food Law Enforcement Policy and Service Delivery Plan The meeting had before it a report by the Executive Director Economy, Enterprise and Operations asking the Committee to approve the Food Law Enforcement Service Delivery Plan 2026/2027, the Food Law Enforcement Service Delivery Plan 2025/2026 and Food Law Enforcement Policy. Following consideration, the Committee unanimously agreed the: (i) Food Law Enforcement Service Delivery Plan 2026/2027 as set out in Appendix A of the report; (ii) Food Law Enforcement Service Delivery Plan 2025/2026 retrospectively as set out in Appendix B of the report; and (iii) Food Law Enforcement Policy 2026 as set out in Appendix C of the report. Page 30
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GUIDANCE NOTE PRODUCED FOR PLANNING AND REGULATORY SERVICES COMMITTEE MEETING OF 3 SEPTEMBER 2026 REPORT ON APPLICATION “Note for guidance of the Committee where the decision of the Planning and Regulatory Services Committee is contrary to the recommendations of the Depute Chief Executive (Economy, Environment and Finance) in respect to a Planning Application.” Any Councillor putting forward a motion to refuse an application, contrary to recommendation, shall clearly state the reasons for refusal. These reasons should be based on policies contained in the approved National Planning Framework 4 (NPF4), Local Development Plan or some other material consideration. Time should be allowed to ensure that these reasons are carefully noted for minuting purposes. Where Councillors put forward a motion to approve an application, contrary to recommendation, an indication should be given of any specific matters which should be subject of conditions along with reasons which should be based on policies in the approved Local Development Plan or some other appropriate consideration. Note for guidance where the decision of the Planning and Regulatory Services Committee is to depart from the Development Plan (NFP4 and or Local Development Plan) Where a Councillor is convinced that there is reason to depart from Development Plan policy; then the Councillor’s reasons for making the motion should be clearly stated for minuting purposes. Any matters which should be subject to conditions drafted subsequently by the Depute Chief Executive (Economy, Environment and Finance) should be indicated. If the Committee remains of a mind to approve such an application then the whole matter will be subject to statutory procedures as apply. In such cases, Councillors should be aware that the application may require to be advertised as a departure and any objections reported to the next available meeting of the Planning and Regulatory Services Committee. It also may be necessary to convene a hearing to consider the views of objectors. There are three potential consequences if Committee takes a decision where the proper procedures have not been followed in whole or in part. Firstly, the person aggrieved by a decision may apply to the Supreme Courts in Scotland for an Order either compelling the Council to act according to law, quashing the decision altogether or declaring a decision to be unlawful coupled with an order to prevent the decision being implemented. A referral to the Supreme Courts in these circumstances is known as applying for Judicial Review. Secondly, in addition to the application for Judicial Review when questions of alleged failure, negligence or misconduct by individuals or local authorities in the management of public funds arise and are raised either by or with the External Auditor of the Council and where an individual can be blamed the sanctions available are:- Censure of a Councillor or an Officer Suspension of a Councillor for up to one year Disqualification of a Councillor for up to five years In the case of the Council being to blame, recommendations may be made to the Scottish Ministers about rectification of the authority’s accounts. Ministers can make an order giving effect to these recommendations. Thirdly, whilst the Ombudsman accepts that Planning authorities have the freedom to determine planning applications as they wish procedural impropriety may be interpreted as maladministration. This can also lead to recommendations by the Ombudsman that compensation be paid. Consistent implementation of departure procedures maintains public confidence in the planning system and is consistent with the time and effort invested in preparing the NPF4 and Local Development Plan. Page 31
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WARD 05_17 26/00240/APP 25th February 2026 Section 42 to vary condition 1 of consent reference 21/00181/APP at Auchtertyre Quarry, Elgin, Moray for Tarmac Caledonian Ltd Comments: • Application is a major development as defined under the Council's Scheme of Delegation and also under the Hierarchy Regulations 2009 as it relates to mineral development on a site that exceeds 2ha. • The proposal has been advertised under Schedule 3 of the Development Management Regulations 2013 and for neighbour notification purposes. • No representations have been received. Procedure: • None. Recommendation Grant planning permission subject to the following: Conditions/Reasons 1. The permission hereby granted shall be for a limited period only and shall cease on 3 September 2031 (the 'cessation date') by which time and prior to that cessation date, the application site shall be cleared of all development approved or involved in implementing the terms of the permission hereby granted (including all mobile plant and machinery, any ancillary works, infrastructure, fixtures and fittings, etc.), and the site shall be re-instated in accordance with a restoration and aftercare scheme which shall previously have been submitted to and approved in writing by the Council, as planning authority (see Condition 4 below). Reason: To ensure an acceptable form of development enabling the development to progress in accordance with the applicant's submitted particulars to allow for full extraction of available resources and site restoration thereafter, to enable the Council, as planning authority to retain control over the use of the site and enable further consideration to be given to the operations, effects and impact of the use upon the amenity, character and appearance of the site and surrounding area Item 5. Page 33
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together with securing removal of all site infrastructure used in the extraction process prior to embarking upon the restoration of the site. 2. As part of the development hereby approved: a) the permission hereby granted is for the extraction of sand and gravel only; b) there shall be no extraction of sand and gravel below the level (46m AOD) shown on the approved drawings (A052/00027 and 00028) or within any groundwater encountered; c) notwithstanding the provisions of Class 55, Part 16 of the Town & Country Planning (General Permitted Development) (Scotland) Order 1992 as amended, no (fixed) buildings/structures, plant or machinery etc. shall be installed, erected or operated on the site without the prior written approval of the Council, as planning authority; d) prior to expiry of the permission or upon completion of extraction, whichever is the sooner, all buildings/structures, plant and machinery including mobile plant and machinery, etc. shall be permanently removed from the site; e) the extraction of sand and gravel shall proceed progressively in an easterly direction across the site (drawing A052/00024 refers); f) sub-soil and top-soil shall be stripped and stored separately, in accordance with details which shall be submitted to and approved by the Council, as planning authority prior to the commencement of the development regarding the location and maximum height of all stockpiles of stored soil materials (and where the latter should not exceed 6m as measured from the base level of the excavated quarry area (46m AOD as shown, drawings A052/ 00027 and 00028 refer)); g) there shall be no washing or other processing of the extracted material on the site; h) all vehicles entering/leaving the site shall use the existing site access (as identified on drawing A052/00023); i) the annual rate of extraction shall not exceed 60,000 tonnes, and the operator shall maintain monthly records of output/production from the excavated area, to be made available to the Council, as planning authority at any time and on request; j) there shall be no working at the quarry outwith the hours of 07:30 - 17:00, Monday to Friday, and 07:30 - 12:00 noon, Saturdays unless with the prior written approval of Council, as planning authority; and k) on expiry of the permission or completion of extraction, whichever is the sooner, the site shall be restored to agricultural grassland (see Condition 4). Reason: To ensure the operation of the quarry continues to progress in an environmentally acceptable manner (and in accordance with the terms of previous permissions granted at the site) and in the interests of the amenities and appearance of the development and the surrounding area. 3. No development shall commence until a Site-Specific Management Plan has been submitted to and approved in writing by the Council, as planning authority in consultation with SEPA. The plan shall cover all site-specific environmental Page 34
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sensitivities, pollution prevention and mitigation measures identified to avoid or minimise environmental effects including (but not limited to) groundwater, surface water, waste management, noise and dust impacts associated with the development. Thereafter, the development shall be implemented solely in accordance with the approved plan details. Reason: In order to minimise the impacts of the mineral extraction works on the environment and ensure up-to-date operating and environmental standards on site. 4. Notwithstanding the indicative final site restoration details shown on A052/00025 (which are not approved), at least one (1) year prior to mineral workings ceasing on the site and prior to any phased restoration works, a Site-Specific Restoration and Aftercare Plan shall be submitted to and approved in writing by the Council, as planning authority in consultation with SEPA. The plan shall include (but not be limited to) the following information: • proposals for phased working and progressive restoration; • existing and proposed finished ground levels relative to a fixed datum; • surface water drainage arrangements; • details of any buffer strips between the works and any water features, wetlands or peatlands on site and other measures to minimise pollution; • demonstration that the restoration proposals will not have a detrimental impact on the water environment, including groundwater quality and quantity and an assessment of the effect that any backfilling below the water table will have on groundwater flow; • a programme for the completion of the restoration and subsequent maintenance arrangements. Thereafter, all site restoration and aftercare works shall be implemented in accordance with the approved plan. Reason: To retain control over this temporary form of development and ensure that the site is appropriately restored in the interests of the protection of the environment. 5. The site access onto the C3E Elgin - Pluscarden - Rafford Road shall be maintained at all times throughout the lifetime of the development (unless otherwise agreed in writing with the Council as Planning Authority) in accordance with section 3.2 of the previously approved Junction Maintenance Scheme, namely: • the junction will undergo weekly cleaning during operational periods at the quarry, and at the request of Moray Council; • grass and other vegetation within the verges will be cut to ensure is does not encroach into the visibility splay; • the ditch located within the southern verge will be cleared from time to time, and at the request of Moray Council, to ensure surface water is channelled from the access track into the ditch and away from the public road; Page 35
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• The road surface will be kept under review and where potholes develop, they will be repaired. Reason: To ensure the safety and free flow of traffic on the public road and access to the site by minimising the road safety impact from extraneous material and surface water in the vicinity of the access and to ensure acceptable infrastructure at the development access. 6. Prior to the commencement of development, an Ecological Mitigation and Enhancement Plan (EMEP) shall be submitted to and approved in writing by the Planning Authority. The EMEP shall be based on the recommendations contained within the Preliminary Ecological Appraisal Report, Auchtertyre Quarry, Elgin (Direct Ecology Ltd, July 2026) and shall include, but not be limited to: a) a Habitat Management Plan detailing the long-term retention, restoration, enhancement, monitoring and maintenance of existing and newly created habitats within the site; b) measures for the protection of badgers, nesting birds and other protected species during quarrying and restoration operations, including the preparation and implementation of a Badger Species Protection Plan where required; c) details of any pre-commencement ecological surveys and subsequent ecological monitoring requirements; d) measures for the retention and enhancement of key ecological features, including the pond, hedgerow, trees and areas of scrub; e) biodiversity enhancement measures, including habitat creation and restoration proposals; f) measures for the control and management of invasive non-native species; and g) arrangements for ecological toolbox talks and procedures to be followed should protected species or their resting places be encountered during operations. Thereafter, the development shall be carried out in accordance with the approved Ecological Mitigation and Enhancement Plan, unless otherwise agreed in writing by the Planning Authority. Reason: To safeguard protected species and habitats, secure biodiversity enhancement, including the long-term management of retained and created habitats, and ensure the development is carried out in a manner that protects and enhances the natural environment. Reason(s) for Decision The Council’s reason(s) for making this decision are:- The proposed variation to Condition 1 to extend the extraction period of the quarry is considered acceptable and complies with the requirements of the development plan (i.e. National Planning Framework 4 and the Moray Local Development Plan 2020). There are no material considerations that indicate otherwise. Page 36
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List of Informatives: The TRANSPORTATION MANAGER has commented that:- Planning consent does not carry with it the right to carry out works within the public road boundary. Public utility apparatus may be affected by this proposal. Contact the appropriate utility service in respect of any necessary utility service alterations which have to be carried out at the expense of the developer. Before starting any work on the existing public road, the applicant is obliged to apply for a road opening permit in accordance with Section 56 of the Roads (Scotland) Act 1984. This includes any temporary access joining with the public road. Advice on these matters can be obtained by emailing roadspermits@moray.gov.uk No building materials/scaffolding/builder’s skip shall obstruct the public road (including footpaths) without permission from the Roads Authority. The applicant shall free and relieve the Roads Authority from any claims arising out of their operations on the road or extension to the road. THE ENVIRONMENTAL HEALTH MANAGER has commented that:- The development shall be suitably controlled to ensure noise and dust emissions do not give rise to a statutory nuisance in terms of the Environmental Protection Act 1990. The MORAY ACCESS MANAGER has commented that: The access road to the quarry from the north indicates use by walkers and cyclists. It is recommended that warning signage be put in place for drivers to/from the quarry warning of pedestrians. THE SCOTTISH ENVIRONMENT PROTECTION AGENCY has commented that: Proposals should be supported by an Operational Site Management Plan and an Aftercare and Restoration Plan. Further advice, including the specific environmental effects that should be addressed, can be found in the Scottish Government’s Planning Advice Note 50: controlling the environmental effects of surface mineral workings, Planning Advice Note 64: reclamation of surface mineral workings and the Netregs Extractive waste from mines and quarries guidance. Page 37
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LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT Reference No. Version No. Title/Description KD.AUCH.1.D.004 Comparative Cross Sections Soils Plan Location Plan Site Plan KD.AUCH.1.D.005 Concept Restoration Plan Page 38
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Plans, drawings and other material submitted to the local authority are protected by the Copyright, Designs and Patents Act 1988 (section 47). You may only use material which is downloaded and/ or printed for consultation purposes, to compare current applications with previous schemes and to check whether developments have been completed in accordance with approved plans. Further copies must not be made without the prior permission of the copyright owner. Maps shown in the Planning Committee Report can only be used for the purposes of the Planning Committee. Any other use risks infringing Crown Copyright and may lead to prosecution or civil proceedings. Maps produced within this Planning Committee Report can only be reproduced with the express permission of the Moray Council and other Copyright holders. This permission must be granted in advance. PLANNING APPLICATION COMMITTEE SITE PLAN Site Address: Auchtertyre Quarry Elgin Planning Application Ref Number: 26/00240/APP Location Plan Applicant Name: Tarmac Caledonian Ltd Page 39
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PLANNING APPLICATION: 26/00240/APP In the event that a recommendation on this planning application is overturned the Committee is reminded of the advice contained on the front page of the agenda for Reports on Applications 1. THE PROPOSAL • Application under Section 42 of the Town and Country Planning (Scotland) Act 1997 to vary Condition 1 of Planning Permission 21/00181/APP. • Planning Permission 21/00181/APP granted consent for the continued extraction of sand and gravel, together with associated reinstatement works, at Auchtertyre Quarry, near Mosstowie. • Condition 1 restricted the duration of quarry operations and reinstatement works to a five-year period, which expired on 19 May 2026. • The current application seeks to extend the period for both operations and reinstatement by a further five years. • No permanent buildings or structures are proposed to be on site; mobile plant will be brought onto the site as and when required. • The application is accompanied by a Planning Statement, Preliminary Ecological Appraisal Report and Restoration Statement. 2. THE SITE • The site extends to approximately 3.8 hectares and is located within the south-eastern corner of Auchtertyre Quarry (15.5 hectares). The remaining quarry area, previously worked and partly restored, lies outwith the application boundary, although it remains under the applicant’s control. • The proposed extraction area is currently in agricultural use. • Separating the site from an established restored area of agricultural grassland and wetland (located to the north-west of the quarry) is a previously worked area containing sand and topsoil stockpiles, identified as “area under restoration” on Drawing A052/00023 approved under planning permission 15/01768/APP. • Access is taken from the C3E road to the north via a 1.1 km long private access track. The quarry entrance lies in the north-eastern corner, where an existing agricultural laydown area (to be retained) is also located. • The surrounding land is predominantly agricultural in character. Auchtertyre farmhouse and associated buildings lie approximately 350 m to the south, while the residential property Burnside is situated adjacent to, towards the northern end of, the access track. • The site does not lie within any designated landscape, cultural heritage, or natural heritage area at either national or local level, as identified in the Moray Local Development Plan 2020. Page 53
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3. HISTORY 5 August 2026 - Screening Opinion adopted for this current application where, after taking account of the characteristics and location of the development and characteristics of the potential impact associated with varying the condition to enable mineral operations and site restoration to continue, the proposal is a Schedule 2 development but it would not be likely to result in significant environmental effects and therefore, it does not require to be subject to EIA procedures. 21/00181/APP - Planning permission granted to vary condition 1 of Planning Permission 15/01768/APP to extend duration of working and restoration to agricultural land for a further 5 years to 28 February 2026 – approved 19 May 2021. 4 March 2021 – Screening Opinion adopted for application 21/00181/APP which concluded that, having regard to the characteristics and location of the development, and the nature of the potential impacts arising from the proposed variation of conditions to allow continued mineral operations and site restoration, the proposal constituted Schedule 2 development but was not likely to result in significant environmental effects and therefore did not require to be subject to EIA procedures. 15/01768/APP – Planning permission granted for the continued operation of the quarry and restoration to agricultural land granted planning permission for a further 5 years – approved 26 February 2016. 15/00901/PAN - Proposal of Application Notice (PAN) to continue operations of sand and gravel quarry at Auchtertyre Quarry Elgin Moray - response (5 June 2015) identified requirements for consultation with Heldon Community Council and holding of public consultation event at Cloddach Quarry site offices. Following consideration by the Council's Planning & Regulatory Services Committee, there were no provisional views/relevant issues which the Committee wished to raise about the development. 02/01957/FUL – Planning permission to vary condition 2 of consent 94/00487/FUL to allow quarrying to continue until 01/01/2013 - granted 20 December 2002 with conditions of earlier permission re-applied and permission granted for a limited period expiring on 1 January 2013. 94/00487/FUL - Extension of previous approval to continue extraction of sand and gravel - granted 17 October 1997 (includes condition 2 which confirmed the permission for the extraction of sand and gravel would expire 5 years from the date of the permission). MP/494/84 - Extend existing working to extract sand and gravel at Auchteryre Quarry - approved 26 October 1984. Page 54
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4. POLICIES National Planning Framework 4 Policy 1 - Tackling the Climate and Nature Crises Policy 2 - Climate Mitigation and Adaptation Policy 3 - Biodiversity Policy 4 - Natural Places Policy 5 - Soils Policy 6 - Forestry, Woodland and Trees Policy 7 - Historic Assets and Places Policy 12 - Zero Waste Policy 13 - Sustainable Transport Policy 14 - Design, Quality and Place Policy 18 - Infrastructure First Policy 22 - Flood Risk Policy 23 - Health and Safety Policy 33 - Minerals Moray Local Development Plan 2020 PP2 - Sustainable Economic Growth PP3 - Infrastructure and Services DP1 - Development Principles DP10 - Minerals EP1 - Natural Heritage Designation EP2 - Biodiversity EP3 - Special Landscape Areas EP7 - Forestry Woodland and Trees EP12 - Management and Enhancement Water EP14 - Pollution Contamination Hazards 5. ADVERTISEMENTS 5.1 Advertised for neighbour notification purposes. 5.2 Advertised as a development of a Class specified in Schedule 3 of the Development Management Regulations 2013. 6. CONSULTATIONS Strategic Planning and Development - No objection to the proposed five-year extension, noting that the quarry is well established, involves no physical changes, and contributes to Moray’s supply of construction aggregates. Transportation Manager - No objection subject to previously approved Junction Maintenance Scheme (per condition 5 of previous consent) being complied with. Page 55
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Moray Access Manager - No objection. Notes that the access road to the quarry from the north indicates use by walkers and cyclists; recommends that warning signage be put in place for drivers warning of pedestrians. Environmental Health - No objection subject to informative requiring the development to be suitably controlled to ensure noise and dust emissions do not give rise to a statutory nuisance in terms of the Environmental Protection Act 1990. Environmental Health, Contaminated Land - No objection. Flood Risk Management - No objection. HSE (Quarries) - No response received. Heldon Community Council - No response received. SEPA - Advises that the proposal falls below the thresholds that would normally require a site-specific consultation response and recommends that reference be made to its Standing Advice. SEPA notes that its Standing Advice recommends the submission of an Operational Site Management Plan and an Aftercare and Restoration Plan and highlights that NPF4 Policy 33(d)(vii) requires schemes for a high standard of restoration and aftercare. SEPA considers that these requirements support the re-imposition of a planning condition requiring a site- specific restoration and aftercare plan for the development. 7. OBJECTIONS-REPRESENTATIONS NOTE: Following the determination of this application, name and address details will be/have been removed (i.e. redacted) in accordance with the General Data Protection Regulations (paragraph 3 of Minute, Planning & Regulatory Services Committee 16 September 2014). None. 8. OBSERVATIONS Legislative Matters 8.1 Section 42 of the Town and Country Planning (Scotland) Act 1997 as amended allows applicants to apply to develop land without compliance with conditions previous attached to a planning consent. In determining such an application, the Council, as Planning Authority can only consider the conditions subject to which planning permission should be granted and may: • grant permission unconditionally (i.e. remove the conditions attached to the planning consent); • grant permission conditionally with differing conditions; or Page 56
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• refuse the application (i.e. keep the conditions attached to the planning consent). 8.2 Section 25 of the 1997 Act as amended requires applications to be determined in accordance with the Development Plan i.e., the adopted National Planning Framework 4 (NPF4) and adopted Moray Local Development Plan 2020 (MLDP) unless material considerations indicate otherwise. 8.3 The main issues are considered below: 8.4 Background Auchtertyre is a small, shallow sand and gravel quarry that has been worked intermittently in recent years, with extraction activity largely concentrated at the applicant’s nearby quarry at Lochinver. As noted from the submitted Planning Statement, reserves of 120,000 tonnes remain at Auchtertyre, which contribute to the established 10‑year landbank and will continue to do so provided the consent period is extended. It is proposed that these remaining reserves will be worked over the next few years in tandem with the exhaustion of the currently consented area at Lochinver. This will optimise use of resources and final restoration of the Auchtertyre site. 8.5 Relationship to Minerals Policy (NPF4 Policy 33; MLDP DP10) Auchtertyre Quarry is identified as a safeguarded mineral reserve for sand and gravel within the Moray Local Development Plan 2020. The proposal seeks to enable the continued extraction of remaining reserves and facilitate the restoration of the quarry. 8.6 The development is considered to comply with NPF4 Policy 33 and MLDP Policy DP10, which are supportive in principle of proposals to re-open or continue working dormant or inactive quarries, as is the case here. The proposal remains within the confines of the previously consented quarry area and does not involve any physical expansion. It seeks only to extend the timeframe for extraction to previously agreed levels albeit within a different time period in light of delays to implementing the most recent consent. 8.7 Policy 33 and DP10 require that mineral developments avoid or satisfactorily mitigate impacts on environmental and amenity considerations. Following consideration and ensuring all other conditions originally applied to application 21/00181/APP remain in force, consultees have not objected to the development as having unacceptable or significant adverse environmental effects including disturbance and disruption impacts arising from previous on-site extraction activities, or in relation to noise, pollution of land or water, transport and ecological interests, etc. 8.8 As defined, this current site was included previously in earlier applications proposing extraction over a larger quarry area, to which there were no objections in terms of any identified adverse effects upon the natural and built environment including landscape and visual impacts, or upon the surrounding community, or Page 57
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in terms of cumulative effects. The arrangements for site restoration and extractive waste management are also considered acceptable (see below). 8.9 Overall, in the absence of any identified significant adverse effects, and given that operations would continue in a manner consistent with previous consents, the proposed variation of Condition 1 to allow quarry operations to continue for a further 5-year period is considered acceptable and would comply with Policy 33 and Policy DP10. 8.10 Visual Impact (NPF4 Policy 33 and 14; MLDP DP10 and DP1) As noted above, no significant concerns have previously been identified in respect of landscape and visual impact arising from the operation of the quarry. The site is not a prominent feature within the surrounding landscape and is not readily visible from public vantage points, including the local road network. In addition, the depth of excavation is relatively limited in comparison to other quarry operations. As extraction progresses, worked areas, including those proposed for further extraction, will be progressively restored to agricultural use, consistent with the prevailing character and land use of the wider area. 8.11 Accordingly, the proposal is not considered to give rise to unacceptable landscape or visual impacts and is therefore consistent with the requirements of NPF4 Policies 33 and 14, and MLDP Policies DP1 and DP10. 8.12 Impact on the Environment (NPF4 Policy 33 and 14; MLDP DP10 and DP1) The site is not subject to any landscape, cultural heritage, or natural heritage designations, and the previous operation of the quarry has not given rise to any specific environmental issues. 8.13 Condition 3 of planning permission 15/01768/APP requires the submission and approval of a Site-Specific Management Plan. This plan must identify and address environmental sensitivities, including pollution prevention and mitigation measures to avoid or minimise environmental impacts. The previous submitted plan details the management of extraction and restoration operations in relation to the water environment and reflects relevant legislative requirements, ensuring that the development is undertaken in accordance with accepted industry standards and environmental management practices. As this condition will remain in force, the proposal would comply with the requirements of NPF4 Policies 33 and 14, and MLDP Policies DP1 and DP10. 8.14 The Extractive Waste Management (Scotland) Regulations 2010 All extractive waste operations and operators are required to comply with the Extractive Waste Management (Scotland) Regulations 2010, which requires preparation of an Extractive Waste Management Plan but this can be waived if the planning authority are satisfied that the extractive waste associated with a minerals development can be managed without endangering human health and without using processes or methods which harm the environment. In January 2012 the Council granted Auchtertyre Quarry a waiver to the Regulations on the grounds that no material on site constituted extractive waste for the purposes of the Regulations. Page 58
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8.15 As part of application 15/01768/APP, the applicant provided a review of operations to support the case that a waiver should again be granted for the proposed operations. That review confirmed that soils would be appropriately managed by existing arrangements, in particular the process of removing and storing/spreading soil on previously quarried land. Only worked sand and gravels would be dispatched from the site and with no material processed on the site there are no other (residue) materials present or produced that would constitute extractive waste. That application considered that the proposal would not impact on peat or polluted soils. On this basis, a waiver was granted. The applicant has confirmed that there would be no changes to the approved development, other than an extension to the period over which the approved operations would be implemented, and as there has been no change to the Regulations since the determination of application 15/01768/APP, the waiver previously granted remains valid and applicable to the current proposal. 8.16 Ecology / Biodiversity (NPF4 Policy 3 and 4; MLDP 2020 Policy EP1 and EP2) A Preliminary Ecological Appraisal has been submitted in support of the application. The appraisal identified the site as comprising predominantly common and widespread habitats of generally low ecological value, including grassland, gorse scrub, bare ground and a pond. No bat roosting features were identified, and the site is not considered suitable habitat for otter, water vole or great crested newt. However, the site supports a number of ecological features of local importance, including a pond, hedgerow, dense scrub habitat and several bird species of conservation concern. Evidence of badger activity was recorded across the site, including subsidiary and outlier setts, and an area of invasive non- native giant hogweed was also identified. 8.17 The appraisal concludes that the proposed development can proceed without giving rise to significant adverse ecological effects, provided that appropriate mitigation and enhancement measures are implemented. Key recommendations include the preparation and implementation of an Environmental Management Plan, Habitat Management Plan, Invasive Species Management Plan and a Badger Species Protection Plan (with works to be licenced by NatureScot where required). The appraisal also recommends the retention of existing ecological features such as the pond, hedgerow, trees and areas of gorse scrub, together with the incorporation of biodiversity enhancement measures through habitat restoration, native planting and the provision of bat and bird habitat. Additional measures include pre-commencement surveys, ecological toolbox talks and safeguards to protect nesting birds, badgers and other wildlife during operational works. 8.18 Subject to a planning condition requiring compliance with the recommendations and mitigation measures set out in the Preliminary Ecological Appraisal, as agreed with the applicant, it is considered that the proposed development would not give rise to any unacceptable impacts on biodiversity or protected species. Accordingly, the proposal is considered to accord with the requirements of National Planning Framework 4 (NPF4) Policies 3 and 4, and Moray Local Development Plan (MLDP) Policies EP1 and EP2. Page 59
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8.19 Restoration (NPF4 Policy 33; MLDP Policy DP10) National Planning Framework 4 Policy 33 (Minerals) and Moray Local Development Plan 2020 Policy DP10 (Minerals) require mineral workings to be restored at the earliest practicable opportunity and to a high standard. Where an operator is unable to demonstrate that appropriate restoration arrangements are in place, the planning authority may require the provision of a financial guarantee to secure restoration. 8.20 In support of the application, a Restoration Statement, Concept Restoration Plan and Preliminary Ecological Appraisal have been submitted. The proposed restoration strategy updates and enhances the existing restoration arrangements and builds upon the restoration principles established and approved through earlier phases of quarry working. 8.21 Following completion of mineral extraction, the site will be restored through the regrading and reprofiling of the landform, with stored subsoil and topsoil redistributed across the worked areas to facilitate the return of the site to agricultural grassland. The existing surface water pond within the north-western part of the site will be retained and enhanced as a wetland feature, providing opportunities for habitat creation and biodiversity enhancement. The long-term management of retained and newly created habitat will be secured through the preparation and implementation of a Habitat Management Plan (as recommended in the Preliminary Ecological Appraisal), to be required by planning condition, ensuring the ongoing protection and enhancement of biodiversity interests across the restored site. 8.22 With regard to financial provision, previous consents did not require a restoration bond or similar mechanism. However, the operator is a member of the Minerals Products Association (MPA) Restoration Guarantee Fund. This industry-based scheme provides a financial safeguard to planning authorities in the event of operator default, allowing a claim to be made where restoration obligations cannot be fulfilled due to financial failure, following exhaustion of enforcement options. 8.23 This arrangement is considered to provide an appropriate and proportionate financial safeguard in accordance with the requirements of Policy 33 and Policy DP10. 8.24 Overall, the restoration proposals are considered acceptable, and the development is compliant with the requirements of NPF4 Policy 33 and MLDP Policy DP10. 8.25 Pollution (NPF4 Policy 23 and 33; MLDP Policy EP14 and DP10) The nature of the development is such that operations have the potential to generate noise and dust; however, these effects are expected to be intermittent and limited in duration, reflecting the scale of activity and likely pattern of working. The Environmental Health Manager has raised no objections in respect of potential noise, dust or other pollution impacts. Page 60
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8.26 An informative applied to planning permission 21/00181/APP is recommended to be attached to any subsequent consent to remind the operator of their obligation to ensure that activities do not give rise to noise or dust levels that would constitute a statutory nuisance. Any breaches would be subject to separate control by the Environmental Health Authority. 8.27 Measures to manage and mitigate potential pollution impacts are secured through the Site-Specific Management Plan required under Condition 3, as well as operational restrictions imposed by Condition 2, including limits on hours of operation. These controls are considered sufficient to ensure that impacts remain within acceptable levels. 8.28 Taking into account the absence of objections from consultees, and the established history of quarry operations at this site without significant pollution issues, it is considered that the continued working of the remaining area is unlikely to give rise to significant adverse effects. The proposal is therefore considered to comply with the requirements of NPF4 Policies 23 and 33, and MLDP Policies EP14 and DP10. 8.29 Amenity (NPF4 Policy 23 AND 33; MLDP Policy EP14 and DP10) The quarry will likely continue to operate on an occasional rather than continuous basis. The site is well separated from nearby residential properties. While the dwelling at Burnside is located adjacent to the access track, it lies approximately 790m from the quarry entrance. Previous permissions established that the transportation of up to 60,000 tonnes per annum along this access route did not give rise to objections in relation to residential amenity. Auchtertyre Farm is located approximately 350m to the south of the quarry, with intervening land in agricultural use. 8.30 The quarry has operated successfully alongside surrounding land uses, including nearby residential and agricultural properties. Having regard to the established pattern of operations and previous consents, there are no objections to the proposed working of the remaining area. The current proposal is not considered likely to give rise to any unacceptable impacts on the amenity of neighbouring properties or the wider area and is therefore considered to comply with the requirements of policies 33, 23, EP14, DP10. 8.31 Access (NPF4 Policy 33; MLDP Policy PP3) The site is accessed from the north via an existing private track, with the quarry entrance located over 1km from the public road. The track also serves a private dwelling and provides access to the farm to the south, although it is not its principal access route. 8.32 The proposal relates solely to an extension of time for mineral extraction within an already consented quarry area and builds upon previous permissions. The Transportation Section has noted that a Junction Maintenance Scheme was approved under earlier consents to ensure that HGV movements do not adversely affect the public road network. Page 61
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8.33 While visibility splays at the access remain satisfactory and there is no current evidence of debris or damage to the public carriageway, some deterioration of the private access track (including potholes) has been observed. Although this is not currently impacting the public road, continued operations have the potential to exacerbate these issues. 8.34 It is therefore considered appropriate that the previously approved junction maintenance measures remain in place, and these are recommended to be re- imposed as a condition of any new permission. On this basis, the proposal is considered to comply with the requirements of NPF4 Policy 33 and MLDP Policy PP3 in respect of access and transport considerations. Conclusion and Recommendation This application seeks to extend the time period for the extraction and restoration of an existing quarry identified as a safeguarded mineral reserve within the Moray Local Development Plan 2020. The proposal would allow for the extraction of remaining sand and gravel reserves and the subsequent restoration of the site using soils derived from on-site operations. The principle of mineral extraction at this location has been previously established and accepted through earlier planning permissions. The proposal does not seek to expand the quarry area or alter the approved depth of extraction, but rather to continue operations within the existing consented boundaries. Subject to the re-imposition of Conditions 2 to 5 of the previous planning permission, the continued operation of the quarry is considered acceptable. The proposal would facilitate the extraction of the remaining permitted mineral reserves and secure the satisfactory restoration of the site to agricultural use, without giving rise to unacceptable impacts on the environment or residential amenity. In addition, a further planning condition is recommended requiring the submission and implementation of an Ecological Mitigation and Enhancement Plan (EMEP) in accordance with the recommendations of the Preliminary Ecological Appraisal. This will ensure the protection of habitats and protected species, secure biodiversity enhancement and the long-term management of retained and created habitats and ensure that the restoration of the site is undertaken in a manner which protects and enhances the natural environment. The proposal is therefore considered to accord with the relevant provisions of the Development Plan, in safeguarding the built and natural environment whilst supporting appropriate development. In accordance with the request submitted by the applicant’s agent, it is recommended that planning permission be granted for a further period of five years, to allow completion of mineral extraction and restoration of the site in line with the previously approved scheme. Page 62
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REASON(S) FOR DECISION The Council’s reason(s) for making this decision are: - The proposed variation to condition 1 to extend the extraction period of the quarry is considered acceptable and complies with the requirements of the development plan (i.e. National Planning Framework 4 and the Moray Local Development Plan 2020). There are no material considerations that indicate otherwise. Author/Contact Officer: Richard Smith Principal Planning Officer Ext: 01343 563256 William Clark Service Manager, Development Management & Building Standards Page 63
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Report to: Planning and Regulatory Services Committee Meeting Date: 3 September 2026 Report by: Executive Director Economy, Enterprise and Operations Author: Beverly Smith Contact Email: Beverly.Smith@moray.gov.uk Subject: Updated Validation Requirements in the Determination of Planning Applications and Other Consents 1. PURPOSE ☒ For Decision ☐ For Information 1.1 The purpose of this report is to agree the revised standards of validation in the determination of planning applications following an identified need to repeatedly request additional information on biodiversity enhancement and carbon assessments to comply with approved planning guidance. 1.2 This report is submitted to Committee in terms of Section III (1) of the Council’s Scheme of Administration relating to exercising the statutory functions of the Council as Planning Authority. 2. SUMMARY 2.1 This report recommends that the updated validation guidance document used for the purposes of Development Management is agreed to improve rates of validation at the first submission. Holding a workshop with local agents will assist with ensuring that submissions are proportionate to the proposal and will help reduce determination time of planning applications and consents. 3. RECOMMENDATIONS 3.1 It is recommended that Committee agrees: i) the updated Validation guidance document attached at Appendix 1 for the determination of planning applications and other consents,; Item 6. Page 65
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ii) Officers hold a workshop with local agents to assist awareness to ensure front loading of planning applications and increasing the rates of validation on first submission. Author Name: Beverly Smith Job Title: Head of Growth, Planning & Climate (Chief Planning Officer) 4. BACKGROUND AND CONTEXT 4.1 On 26 June 2023, this Committee agreed Moray’s validation document for the purposes of Development Management following the adoption of National Planning Framework 4 and the Heads of Planning Guidance note on the standards for the validation and determination of planning applications and other related consents (para 4 of the minute refers). 4.2 Over the last three years the standard of submission for planning applications has continued to improve with local agents becoming more familiar with standard requirements to comply with published planning guidance. 4.3 Action 1 in Moray’s Improvement Action Plan identified the applicant validation handbook needed to be updated to include new requirements with specific reference to biodiversity and carbon assessments at validation stage. 5. PROPOSALS 5.1 The Validation Standards document has been reviewed by all internal consultees and where deemed necessary additional paragraphs and links to new legislation added in, see Appendix 1 (document with tracked changes). 5.2 It is hoped that this updated guidance document will continue to be kept up to date with legislative changes and any future requirements identified in the new Moray Local Development Plan prior to adoption. 6. SUMMARY OF IMPLICATIONS 6.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) ☐ ☒ Policy and Legal ☒ ☐ Financial ☐ ☒ Risk ☐ ☒ Staffing ☐ ☒ Best Value and Transformation ☐ ☒ Property ☐ ☒ Information Communications Technology/Digital ☐ ☒ Equalities. Social Inclusion and Economic Impact ☐ ☒ Climate Change and Biodiversity Impact ☒ ☐ Page 66
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6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP)) Improved Collaborative Leadership, as part of continuous improvement through Best Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. a) Links to Council Corporate Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Council Plan strategic priorities: ☐ Tackle Poverty and Inequality. ☒ Build Stronger Greener Vibrant Economy. ☐ Build Thriving, resilient, empowered Communities. b) Links to Local Outcomes Improvement Plan – The proposals in this report support and contribute to improved outcomes for communities as outlined in the following Local Outcomes Improvement Plan priorities: ☒ Developing a diverse, inclusive, and sustainable economy ☐ Building a better future for our children and young people in Moray. ☐ Empowering and connecting communities. ☐ Improving wellbeing of our population 6.3 Policy and Legal Part 3 of The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 is relevant to validation standards. 6.4 Financial There are no financial implications in this report. 6.5 Risk None. 6.6 Staffing None. 6.7 Best Value and Transformation None. 6.8 Property None. 6.9 Information Communications/Technology/Digital None. 6.10 Equalities, Social Inclusion and Economic Impact None. 6.11 Climate Change and Biodiversity Impacts The updated validation standards document incorporates requirement to comply with NPF4 and Moray Local Development Plan 2020 and associated planning guidance. Page 67
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7. CONSULTATION 7.1 This report has been prepared in consultation with internal consultees, Executive Director Economy, Enterprise & Operations, Service Manager Legal Services, Service Manager Strategic Planning and Development, Service Manager Planning & Building Standards, Senior Engineer (Transportation), Senior Engineer (Flood Risk Management), Committee Services Officer, Equalities Officer and any comments made have been incorporated into the report and Appendix 1. 8. BACKGROUND PAPERS 8.1 None Page 68
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Moray Council - Growth, Planning & Climate Development Management Validation Standards 20236 – Moray Council Contents 1. Introduction 2. The Validation Process 3. General Guidance – Planning Permission • Application Forms • Location Plans • Site Plans • Floor Plans • Elevations • Roof Plans • Design and Access Statements • Application Fee • ICNIRP Certificate • Ownership Certificates and Notices 4. Regulations and Procedures • National and Major Developments – Additional Requirements • Proposal of Application Notice (PoAN) 5. Other Supporting Information for Validation Purposes 6. Advertisement Consent 7. Certificate of Lawfulness (Existing Use or Development) and (Proposed Use or Development) 8. Listed Building Consent 9. Conservation Area Consent 10. Certificate of Appropriate Alternative Development 11. EIA Screening and Scoping Opinions 12. Modification or Discharge of Planning Obligations 13. Prior Notification – Agricultural & Forestry, Residential & Business Use, Private Ways for Agricultural and Forestry & Windows in Conservation Areas 14. Hazardous Substance Consent 1. Introduction 1.1 Effective validation is critical to the determination of planning applications and issuing other consents. It’s main purpose is to firstly ensure that applications meet specific legal requirements and that significant and clear drawings and supporting information are provided to allow the Local Planning Authority to make an informed and competent decision. on all applications and consents. As the planning application , process involves consultation with internal and external consultees and neighbour notification with neighbouring properties applications need to be accompanied by Appendix 1 Page 69
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sufficient information to allow enable comments to be made by all interested parties to comment on the proposal. 1.2 Submitting an application and then finding it is invalid can be very frustrating for all parties as it involves additional unnecessary resources and causes delays in the processing of applications. 1.3 The Council strongly supports successful and early validation of all applications. This document is designed to assist all applicants to achieve an application being valid on the first submission. This will reduce the overall processing time and will assists with issuing a decision on the application sooner. 2. The Validation Process 2.1 On receipt of an application, the Council will check the application against the relevant requirements for the application type. The Council aim to register applications, which are valid on receipt within 5 working days. 2.2 Where an application is valid, an acknowledgement letter will be issued advising who the case officer is. Neighbour notification will take place where necessary, advertisements placed in the local newspaper and consultations will be issued to internal and external bodies. The assessment of the application will then commence. 2.3 If it is found that further information is required to make the application valid, you will be advised within 5 working days of receipt. You will then have 28 working days from being notified to submit the required information before a reminder is issued. 2.4 The statutory timescale for determination of an application will not commence or any assessment be undertaken whist the application remains invalid until all the necessary information has been received by the Council. 3. General Guidance – Planning Permission 3.1 This general guidance covers the following application types: • Planning Permission (detailed/full) • Planning Permission in Principle • Approval of Matters Specified in Consent • Variation of Condition (section 42) Page 70
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3.2 Application Forms 3.2.1 Moray Council requests that all applications are submitted electronically through the Scottish Government’s e.planning.scot website https://www.eplanning.scot/ePlanningClient/ 3.3 Applicant and Agent Details 3.3.1 An application from must always contain both the name and address of the applicant. 3.3.2 An applicant does not need to have an agent acting on their behalf, however if one is used the agent’s name and address must be provided and will be the sole point of contact during the application process. E-mail address and mobile telephone number are also required. The Council will send all correspondence via email to the agent (or applicant where there is no agent). 3.3.3 An applicant can be an individual, group of individuals, an organisation or group of organisations. 3.4 Postal Address or Location 3.4.1 If a site has a statutory postal address, it must be used. Flat numbers must be given where relevant. When submitting online, the ePlanning systems contain an address gazetteer, which will provide addresses from which you can select the correct one. 3.4.2 Where a development has no postal address, or only the eastings and nothing grid coordinates have been supplied (for example a field, part of a developments site which is yet to be given an address or an area of road or pavement), a suitable description must be agreed with the local planning authority. In these circumstances, a description of the site in relation to the nearest road or building in terms of the compass points should be sufficient. 3.5 Locations Plans 3.5.1 All types of application (except for a S.42 application) must include a location plans which identities the position and extent of the application site. 3.5.2 The plans submitted should typically be Ordnance Survey based to ensure a high level of accuracy. Page 71
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3.6 Scale 3.6.1 A suitable recognised metric scale (1:1250 or 1:2500) must be used and indicated on the plan. A scale bar must also be provided and the direction of the north point included. 3.7 Application Boundary 3.7.1 The application site boundaries must be clearly outlined with a continuous solid red line on the location plan. It must include all the land necessary to carry out the proposed development. Any land required to construct a new access to the site, drainage, landscaping proposed, car parking and any engineering operations must all be included within the red line boundary. 3.7.2 All other land shown on the location plan that is not part of the application site (i.e. not within the red line boundary) but which is in the same ownership of the applicant must be edged blue. 3.7.3 Householder applications for extensions or alterations to a property or for development within the garden areas of houses or flats must show the full property boundary as the application site. 3.8 Site Plans 3.8.1 Site plans (also referred to as site layout or block plans) must show the layout of the site and position of buildings, car parks, paths and roads, drainage and landscaping. A suitable recognised metric scale (generally 1:500, 1:250) must be used and indicated on the plans. A scale bar must also be provided and the direction of north shown. 3.8.2 Existing and proposed site plans must show: • The site boundary outlined in red and other land owned by the applicant in blue –this must match the red line on the location plan • All land and buildings within a 20 metre radius of the application site • Accurate footprint/roof plan of all existing and proposed buildings (on existing and proposed site plans respectively) and structures located within the application site and annotated. • The extent of any hardstanding. • All boundary treatments such as walls and fences to be included with details of their height. • Areas of soft and hard landscaping clearly shown. • Where levels are on site to be altered by 0.5m or more, details of the existing and proposed levels will be required. This will be in the form of a layout plan featuring contours or spot heights, showing the level Page 72
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above ordnance datum (AOD). Finished floor levels (FL) or any proposed developments must be shown. 3.9 Floor Plans 3.9.1 A suitable recognised metric scale (generally 1:50 or 1:100) must be used and indicated on the plans along with a scale bar. 3.9.2 Existing and proposed floor plans must show: • All window and door openings • All internal room divisions and a note of their current/proposed use • The extent of any walls to be demolished. • Clearly show the footprint of any proposed extension or free-standing building 3.10 Elevations 3.10.1 Existing and proposed elevations will be required in most cases where proposed alterations, extensions or the installation of advertisements would affect the external appearance of an existing building. 3.10.2 A suitable recognised metric scale (generally 1:50 or 1:100) must be used and indicated on the plans along with a scale bar. 3.10.3 Elevations must be marked using the compass points (east, west, south and north). Marking elevations with numbers or letters is not acceptable. 3.10.4 External finishes can be annotated on the drawing or alternatively a schedule of finishes should be provided. 3.10.5 Written dimensions noting the height to eaves and roof ridge must be provided along with the length and width of the building. 3.11 Roof Plans 3.11.1 Roof plans are required where proposals involve the construction of new buildings or the extension or alteration of an existing building, which would create a new roof or affect an existing roof. 3.11.2 A suitable recognised metric scale (generally 1:50 or 1:100) must be used and indicated on the plans along with a scale bar. Page 73
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3.11.3 Existing and proposed roof plans must show: • The shape of the roof • The direction the roof slopes if pitched • The roofing materials • The location and extent of any windows, rooflights, vents, chimney, flues and mechanical plant 3.12 Design and Access Statements 3.12.1 A Design and Access Statement is a document containing both a design statement and written statement about how issues relating to access to the development for disabled people have been dealt with. 3.12.2 A Design and Access statement is required to be provided on all national and major planning applications. Whilst preparing such a statement the appropriate advice contained in Planning Advice Note 68: Design statements should be considered: https://www.gov.scot/binaries/content/documents/govscot/publications/advic e-and-guidance/2003/08/planning-advice-note-68-design- statements/documents/0026407-pdf/0026407- pdf/govscot%3Adocument/0026407.pdf 3.12.3 Applications for planning permission for local developments within a Conservation Area, historic garden or designed landscape, site of a schedule monument or the curtilage of a category A listed building will require a Design Statement unless the development comprises the alteration or extension of an existing building. 3.12.4 A Design and Access Statement or Design Statement is not required for a S.42 application, householder development, engineering or mining operations, a material change in the use of land or buildings or for an application for planning permission in principle. 3.13 Design Statement 3.13.1 A Design Statement is a written statement about the design principles and concepts that have been applied to the development and which: • explains the policy or approach adopted as to design and how any policies relating to design in the development plan have been taken into account. • describes the steps taken to appraise the context of the development and demonstrates how the design of the development takes that context into account in relation to its proposed use. Page 74
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• states what, if any, consultation has been undertaken on issues relating to the design principles and concepts that have been applied to the development; and what account has been taken of the outcome of any such consultation. 3.14 Design and Access Statement 3.14.1 A Design and Access Statement is a document containing both a design statement and written statement about how issues relating to access to the development for disabled people have been dealt with. It must explain the policy or approach adopted as to access and how: i. policies relating to such access in the development plan have been taken into account; and ii. any specific issues which might affect access to the development for disabled people have been addressed. 3.14.2 This should explain how the applicant’s policy/approach adopted in relation to access fits into the design process and how this issue has been informed by any development plan polices relating to access issues. 3.14.3 Developers should consider setting out in the statement how access arrangements make provision both to and through the site to ensure users have equal and convenient access. Where Scottish Government policy relates to access, for example, the number of parking spaces for people with disabilitesdisabled people, this should be reference in the statement. 3.14.4 The statement muist ‘Describe how features which ensure access to the development for people with disabilitiesdisabled people will be maintained’. The arrangements for long-term management and maintenance are as important as the actual design. Therefore content on maintenance will assist with ensuring maintenance of features are managed in the long-term. 3.14.5 The statement must ‘State what, if any, consultation has been undertaken on issues relating to access to the development for disabled people and what account has been taken of any consultation’. If consultation has taken place this must be included in the statement with an indication of how this has influenced the final proposal. The statement should indicate with whom consultation was undertaken: for example, community groups, user groups or statutory consultees. 3.15 Application Fee Page 75
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3.15.1 Most application types attract an application processing fee. These are set by the Scottish Government and are explained in the Town and Country Planning (Fees for Applications) (Scotland) Regulations 2022. A summary of the fees associated with each type of application is available on the Council’s website: http://www.moray.gov.uk/downloads/file141298.pdf 3.15.2 Further information on calculating fees is available in Scottish Government Circular 2/20252 The Town and Country Planning (Fees for Applications) (Scotland) Amendment Regulations 20252 https://www.gov.scot/binaries/content/documents/govscot/publications/advic e-and-guidance/2022/06/planning-circular-2-2022-town-country-planning- fees-applications-scotland-regulations-2022/documents/planning-circular-2- 2022-town-country-planning-fees-applications-scotland-regulations- 2022/planning-circular-2-2022-town-country-planning-fees-applications- scotland-regulations-2022/govscot%3Adocument/planning-circular-2-2022- town-country-planning-fees-applications-scotland-regulations-2022.pdf https://www.gov.scot/publications/planning-circular-2-2025-fees-applications/ 3.15.3 If your application is required to be advertised for neighbour notification purposes or as a departure a fee will be required for this advert. Some applications require a Schedule 3 (“2bad neighbour”) or EIA advert and these are charged at a higher rate than other adverts. 3.16 ICNIRP Certificate 3.16.1 Where an application relates to an installation of an antenna to be employed in an electronic communication network, and ICNIRP (International Commission on Non-Ionising Radiation Protection) declaration must be provided stating that the antenna is designed to be in full compliance with the requirements of the radio frequency public exposure guidelines of ICNIRP. 3.17 Ownership Certificates 3.17.1 An applicant does not need to have a legal interest or ownership of the land, which the application relates to, nor do they need the landowner’s permission to make a planning application. If the applicant does not own the land, which relates to the application, they must advise the owner and the agricultural tenant of the land that an applications is being submitted to the local planning authority. This side on be serving the owner with the ‘Notice to Owners and Agricultural Tenants’, which accompanies the application Page 76
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forms. This also applies to instances where more than one party owns land and not all parties are making the planning application. 3.17.2 All planning applications (except for those for approval of matters specified in conditions) must be accompanied by a land ownership certificate, which certifies that the owner and any agricultural tenant has been notified. It is the applicant’s responsibility to serve the notice and then provide the planning authority with the correct certificate. 3.17.3 The form of the notice is specified in Schedule 1 of the regulations. 3.17.4 There are five certificates which cover different scenarios, one should be completed – • Certificate A – to be signed where the applicant is the only owner of the land to which the application relates and none of the land is agricultural land; • Certificate B – to be signed where the applicant is not the owner or sole owners of the land to which the application relates and or where the land is agricultural land and all owners/agricultural tenants have been identified; • Certificate C – to be signed where the applicant is not the owner or sole owner of the land to which the application relates and /or where the land is agricultural land and it has not been possible to identify ALL or ANY owners/agricultural tenants. • Certificate D – to be signed where the application is for mineral development (mining/quarrying); • Certificate E – to be signed where the applicant is the sole owner of all the land and the land to which the application relates is agricultural and there are no agricultural tenants. 3.17.5 Crown Land 3.17.5.1 Where all or part of the site area of the application relates to Crown land, a statement to that effect must accompany it. 4. Regulations & Procedures 4.1 The following regulations and circular contain detailed information regarding validation requirements for planning applications: The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 – Part 3 Page 77
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Development Management Circular 3/2022 – Development Management Procedures 4.2 National and Major Developments – Additional Requirements 4.2.1 Planning applications fall into three categories, national, major and local – these are described as the ‘Hierarchy of Developments’. The hierarchy allows a proportionate approach to be used for dealing with planning applications depending on which of the three categories a development falls within and the procedures for making and handling planning applications vary between each. 4.2.2 Major developments are defined in the Town and Country Planning (Hierarchy of Development) (Scotland) Regulations 2009. Guidance is available in Scottish Government Circular 5/2009 (Hierarchy of Developments). https://www.gov.scot/binaries/content/documents/govscot/publications/advic e-and-guidance/2009/07/scottish-planning-series-circular-5-2009-hierarchy- developments/documents/0083657-pdf/0083657- pdf/govscot%3Adocument/0083657.pdf 4.3 Proposal of Application Notice (PoAN) 4.3.1 All applications for national or major developments are required to go through pre-application consultation (PAC) process prior to submission of the application. Where PAC is required, the prospective applicant must provide to the planning authority with a ‘proposal of application notice’ (POAN) at least 12 weeks prior to the submission of an application for planning permission. Thereafter, the applicant must prepare a pre- application consultation report of what has been done during the pre- application phase to comply with the statutory requirements for PAC and any Page 78
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requirements set out in the planning authority’s response to the POAN. The consultation report must be submitted with the planning application before it can be validated. Any publication of an event must be placed in the newspaper at least 7 days prior to the event. Each event has to be publicised separately. Further guidance is available in the Development Management Circular 3/2022 – Development Management Procedures – link above. Two public events are now required to be held. 4.3.2 The ePlanning Scotland system cannot be used to apply for this type of from the application. However, a copy of the ‘Proposal of Application Notice’ is also available from the same website, which can be competed and submitted by e-mail. 4.3.3 The ‘description of proposal must outline the general characteristics of the development in terms of the nature of the use, its scale and include any significant infrastructure forming part of the proposal. A very detailed or narrow descriptive content in the proposal of application notice means that relatively minor changes could trigger the need for a fresh notice to be served. A location plans is required it identify the land to which the proposal relates. There is no fee for the submission of a Proposal of Application Notice. 4.3.4 Design and Access statements are required for all national and major planning applications before applications can be validated. 5. Other Supporting Information for Validation purposes 5.1 In addition to the minimum validation standards it has been agreed that the following information should accompany planning applications before they are validated: • Planning Statement – A detailed assessment as to how the proposals complied with National Planning Framework 4 (NPF), Moray Local Development Plan, Planning Guidance.description of the existing used and proposed use (including numbers of staff, proposed hours of working). • Compliance Statement – A statement outlining how the proposal complies with the both NPF4 and MLDP 2020 policies (National, Major and Local application types). • Private Water details – Provide a National Grid Reference for each supply source and mark the supply (and all works associated) e.g. the source, holding tank and supply pipe, accurately on the application plan. You are also required to provide information on the source type Page 79
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(e.g. well, borehole, spring). This information is necessary to enable the appropriate authorities to advise on the environmental impact, adequacy, wholesomeness, capacity of supply for existing and proposed users and pollution risks. If you are intending to use an existing private water supply for the proposed development please contact Environmental Health at EHadmin@moray.gov.uk, or phone 01343 563088 for specific guidance and advice and provide the details to this office. • Drainage Statement - All developments of less than three new dwellings or a non-householder extension under 100 square metres are required to provide a drainage statement. This statement should describe the proposed drainage arrangements for the development, e.g. a private drainage system such as a soakaway or connection to Scottish Waters drainage network. Plans submitted with the application should include the proposed layout of the drainage proposals. If the proposed drainage system involves infiltration, information on ground conditions should also be provided. The statement should demonstrate, that the post-development runoff rate does not exceed the pre- development runoff rate or increase flood risk through discharge to a receiving watercourse. A Drainage Impact Assessment is required for all development of more than three dwellings (Supplementary Guidance on Flooding and Drainage, link below). All householder extensions over 25sq m square metres or within a flood sensitive area are required to provide a drainage statement. This statement should describe the proposed drainage arrangements for the development, e.g. a private drainage system such as a soakaway or connection to Scottish Waters drainage network. Plans submitted with the application should include the proposed layout of the drainage proposals. If the proposed drainage system involves infiltration, information on ground conditions should also be provided. The statement should demonstrate, that the post-development runoff rate does not exceed the pre-development runoff rate or increase flood risk through discharge to a receiving watercourse. • Vehicular Access – All alterations to existing accesses and formation of a new access should be should on a scaled plans with the required visibility splay to meet Moray Council standards. • Car parking and cycling provision layout – A scaled site plan should show the car parking and cycling provision layout. • Tree surveys – You have indicated on the application form that there are trees on the site. Any trees and their species and approximate should be marked up on the site plan. Please refer to the Page 80
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supplementary Guidance Trees and Development on the Councils web site at http://www.moray.gov.uk/moray_standard/page_100511htmlhttp://www. moray.gov.uk/downloads/file147031.pdf • Landscape scheme is required showing: o the location of any existing trees, shrubs, and hedgerows, habitats and or natural features (i.e. ponds, wetland, heathland species, rich grassland etc.) on the site and identify those to be retained and those to be removed. o details of the measures to be taken to protect any existing trees, shrubs and hedgerows during the course of developing the site. o details of the numbers, species, position, planting distances and sizes of all planting to be undertaken detailed proposals for the maintenance and long-term management of landscaping. • Climate statement – All developments are to provide proportionate evidence on how they have considered the lifecycle greenhouse gas (GHG) emissions associated with the proposal and how these have been minimised as far as possible. They should show how the development is designed with future climate risks in mind or how the development may be adapted to suit these changes in the future. See link to policy guidance note: http://www.moray.gov.uk/downloads/file164961.pdf • Biodiversity Statement – All developments are to provide proportionate evidence on how the proposal will impact on biodiversity and deliver positive effects for biodiversity. Guidance on what to include for different scales of development is outlined within the local policy guidance note: http://www.moray.gov.uk/downloads/file164961.pdf • Community Wealth Building Statement – statement demonstrating how proposals maximise local employment and skills opportunities and stimulate local supply chain opportunities through construction and operation of housing, industrial, commercial, retail, leisure, infrastructure and energy developments, see guidance note: http://www.moray.gov.uk/downloads/file148992.pd • Placemaking Statement – for residential developments of 10 units and above a Placemaking Statement is required to show how the development addresses the requirements of policy to create successful places. Page 81
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• Phasing Plans and House type details – for residential developments phasing plans and a break down on house types with the number of bedrooms should be submitted. 5.2 Other types of supporting information may be requested from consultees as part of the pre application advice service and include the following: • Transport Assessment – A report detailing existing traffic patterns which may be affected by the proposed development, how they may be affected and what measures would be taken to mitigate congestion, road safety concerns • Flood Risk Assessment – A report to identify the potential risk of flooding should the proposed development be completed. The report will give details of both the risk to the site itself and the impact of the proposed development on surrounding watercourses. • Topographical Survey – A survey showing both existing and proposed site levels. • Habitat Survey – a report detailing any significant wildlife habitats or species within the locality of the proposed development which may be affected by it, including details of any proposed measures to mitigate any negative impact. • Preliminary Ecological Appraisal (PEA) – Rapid assessment identifying likely ecological constraints, required mitigation measures and additional surveys, as well as opportunities for biodiversity Aenhancement. report evaluating the importance of any ecological features present within the site. • Ecological Impact Assessment (EcIA): A report identifying, quantifying and evaluating the potential effects of development-related or other proposed actions on habitats, species and ecosystems. Either standalone or a chapter within an EIA as appropriate and should include any surveys recommended in the PEA. • Biodiversity Plan – A report summarising all ecological evidence and outlining all biodiversity measures within the proposal (for local development, please use the questions/template provided). This must be aligned with any landscaping plans, apply local and national guidance in how the development meets policy including evidence that the mitigation hierarchy has been applied and biodiversity considered from the outset. Page 82
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• Nosie Impact Assessment – A report, which identifies the potential noise impact of the proposed development on its surroundings and any measures, proposed to mitigate aby potential negative impact. This type of report can also be required to show how existing sources of noise may impact on the proposed development and what mitigation measures may be required. • Odour Impact Assessment – A report that details the potential impact of the proposed development on neighbouring properties and sets out mitigation measures. Required for take-aways and restaurants. • Light Impact Assessment – A report that details the potential impact of the proposed development on neighbouring properties and sets out mitigation measures. Required for sports field lighting/tennis courts. • Retail Impact Assessment - A report that details the potential impact of the proposed development on the trade of existing premises within the surrounding area. • Contaminated Land Assessment – A detailed site-specific report covering the type and extent of contamination and what measures are required and will be completed in order to ensure the site is fit for its intended use. • Dust Assessments & Management Plan – A report that details the potential impact on neighbouring properties and sets out mitigation measures. Required for Quarries. • Vibration Assessments – A report that details the potential impact on neighbouring properties and sets out mitigation measures. Required for Quarries and Windfarms. • Private Water Supply – A detailed site-specific report relating to the quantity and quality of any proposed private water supply, which should also detail the type of system to be used. • Archaeological Assessment – A report detailing any areas of archaeological interest within the locality of or within the site itself. The report should include any measures proposed to safeguard such sites from being negatively impacted by the proposals. • Affordable housing details/mix – Details of proposed affordable housing mix to comply with development plan policy. • Recycling and bin storage – Details of where bin and recycling facilities are to be provided. Page 83
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• Landscape and Visual assessment - A report showing the anticipated landscape and visual effects of the proposed development. • Landscaping Plan – A plan produced to scale which details the proposed landscaping of the developments site. The plans should clearly show the number and species of all plant and tree types proposed along with grassed areas, hard surfacing and other relevant features. Details of phasing and maintenance should be provided. • Structural surveys – On request. • Community Wealth Building Statement – See link to policy guidance note: • Climate Statement – Larger developments are also required to supply a full quantitative carbon statement including a whole life carbon assessment, carbon management plan and reporting plan, more detailed information on adaptation, and, if appropriate, a carbon sequestration statement, renewable energy and heat decarbonisation statement and a barriers to net zero statement - See link to policy guidance note: http://www.moray.gov.uk/downloads/file148990.pdf • Carbon and climate considerations: - Whole Life carbon assessment, Carbon management plan and reporting plan, carbon sequestration statement, renewable energy and heat decarbonisation statement and barriers to net zero statement - See link to policy guidance note. 5.3 See links to NPF4 and Moray Local Development Plan 2020: NPF 4 - http://www.moray.gov.uk/moray_standard/page_82208.html MLDP 2020 - http://www.moray.gov.uk/moray_standard/page_133431.html 5.4 See links to Additional Guidance on MLDP 2020 Polices covering Place making, Inclusive and accessible play equipment, Electric Vehicle charging and Car sharing spaces, Daylight and sunlight, Forestry, woodlands and trees: http://www.moray.gov.uk/moray_standard/page_134856.html 5.5 Supplementary guidance on Flood Risk and Drainage Impact Assessment for new Developments: http://www.moray.gov.uk/downloads/file133646.pdf 5.6 Supplementary Guidance on Developer Obligations: http://www.moray.gov.uk/moray_standard/page_123173.html Page 84
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6. Advertisement Control The Town and Country Planning (Scotland) Act 1997 – Section 182 The Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 – Regulation 15 6.1 The display of signs and similar items is controlled by the 1984 advertisement control regulations which defines an advertisement as - ‘any word, letter, model, sign, placard, board , notice awning, blind, device or representation, whether illuminated or not, in the nature of, and employed wholly or partly for the purposes of, advertisement, announcement or direction, (excluding any such thing employed wholly as a memorial or as a railway signal) and included any hoardings or similar structures or any balloon used or designed or adapted for use any anything else used or design or adopted principally for use, for the display of advertisements’. 6.2 The application description must include the number and type of advertisements for which consent is being sought, i.e. illuminated or non- illuminated, fascia or projecting sign. 6.3 The proposed materials for the signs must be provided and colours of the different advertisement component including any lettering, background or logos. The height, in millimetres, of any proposed lettering is also required to assist with the consideration of signage to the public road. 7. Certificate of Lawfulness (Existing Use or Development) Certificate of Lawfulness (Proposed Use or Development) The Town and Country Planning (Scotland) Act 1997 – Section 150/Section 151 The Town and Country Planning (Development Management Procedure) (Scotland) Regulations 2013 – Regulation 42 7.1 A certificate of lawfulness is a remedy for when building work has been carried out in the past or where, for several years, a development or use has existed without meeting a planning condition. A certificate of lawfulness allows the planning authority to make a formal decision that the development or use may continue without enforcement action. An application is most commonly made for one of two reasons but can be made for other reasons :- • The planning authority take enforcement action and the owner believes they are immune from action because the time limit for taking enforcement action has passed (see below); or Page 85
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• The owner discovers, during selling the land or property that that planning permission was never given for the development, and they need to show possible buyers that the planning authority cannot take enforcement action. 7.2 If, on the receipt of an application, the planning authority are provided with information satisfying themselves at the time of the application of the use, operations or other matters described in the application, or that description as modified by the planning authority or a description substituted by them, they shall issue a certificate to that effect; and in any other case they shall refused the application. It is therefore the responsibility of the applicant to provide sufficient evidence that the use, operation or other matter is lawful. Supporting information must be clear and convincing and can include photographs, invoices or documents showing the length of time a use has taken place or when building work or other work was finished. Sworn statements are also often requested to support an application. 7.3 A certificate of lawfulness for a proposed use or development is a way of getting a formal and definitive decision from the planning authority about whether a proposed use or proposed building work needs planning permission. In determining an application, the planning authority will examine whether the proposals falls under the definition of development, whether it may be permitted development and any existing planning permission, which may exist. 7.4 An application can be made online via ePlanning.scot. A copy of the certificate of lawfulness – existing and proposed form is available on the same website. 8. Listed building Consent The Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 – section 9 and 10 The Planning (Listed building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015 – Regulation 4 8.1 Listed buildings are buildings which are included in the Historic Environment’s Scotland list of buildings as special architectural or historic interest. The term ‘building’ can include a wide range of man-made structures such as buildings, fountains, statues, bridges and other engineering structures. Listed Buildings are classified under one of three categories, which in order of significance are A, B or C. Listing covers both the inside and the outside of the property. 8.2 Listed building consent is required form the planning authority for any works for the demolition of a listed building or for its alteration or extension in any Page 86
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manner, which would affect its character as a building of special architectural or historic interest and demolition. There is added control on the curtilage of a listed building and often a shed for example, would require planning permission. 8.3 Planning permission may also be required for works which affect the exterior of the building or where a change of use is proposed. 8.4 An application form can be made online via ePlanning.scot. There is no fee for a listed building application. 8.5 Where works are proposed which alter the means of access to the building, an access statement must be submitted, this could involve the creation or alteration of doors, ramps, steps or gates. Regulation 6 of the 2015 regulations states that an access statement is a document containing a written statement about how issues relating to access to the building for disabled people have been dealt with and which: • Explains the policy or approach adopted as to such access and how any specific issues arising from the proposed works might affect such access have been addressed; • Describes how features which ensure access to the building for disables people will be maintained; and • States that, if any, consultations has been undertaken on issues relating to access to the building for disables people and what account has bene taken of the outcome of any such consultation. 8.6 Window survey 8.6.1 Where an application relates to the replacement of windows a window condition survey is required to be submitted. 8.6.2 Further information on replacement windows and doors can be found within our guidance note: http://www.moray.gov.uk/downloads/file145114.pdf 8.7 Stone Cleaning Report 8.7.1 Where an application relates to the stone cleaning of a building or structure a stone cleaning report should be submitted. This will assess the current condition of the stonework and explain the method of cleaning which is proposed. Page 87
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8.7.2 For further information on stone cleaning see Historic Environment Scotland guidance http://www.moray.gov.uk/downloads/file145114.pdf . 9. Conservation Area Consent The Planning (Listed buildings and Conservation Areas) (Scotland) act 1997 – section 66 The Planning (Listed Building Consent and Conservation Area Consent Procedure) (Scotland) Regulations 2015 – Regulation 4 9.1 Conservation area consent is required form the planning authority for works involving the total or substantial demolition of unlisted buildings within a Conservation Area. This includes the demolition of a building behind a retained façade but does not include the demolition of a part of a building, e.g. and extension or a shopfront. 9.2 Conservation area consent is not required for building less than 115 cubic metres. 10. Certificate of Appropriate Alternative Development Land Compensation (Scotland) Act 1963 The land Compensation (Scotland) Development Order 1975 10.1 Where land is to be acquired using compulsory purchase powers, the owner of the land, acquiring authority or other person with an interest, may apply to the planning authority for a certificate of appropriate alternative development (“CAAD”), which sets out the uses of the land for which planning permission would have been granted if the land had not been compulsorily acquired. This is to assist in establishing the value of the land and thereafter an appropriate amount of compensation to be awarded to the landowner by the acquiring authority. 10.2 There is no application form for CAAD applications, therefore submissions should be made in writing or e-mail. The applicant must sate whether there are, in their opinion, any classes of development which either immediately or at a future time, would be appropriate for the land in question, if it were not proposed to be compulsorily acquired. The applicant must also state their grounds for holding that opinion. 10.3 A location plan is required to identify the land to which the application relates, other drawings can be submitted to support the applicant’s position. 10.4 The applicant must provide a copy of the application to the other party directly concerned. In most circumstances, the other party will be the acquiring authority who is using compulsory purchase powers e.g. Transport Page 88
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Scotland. The application to the planning authority must include a written statement stating the date when a copy of the application was provided to the other party. There is no fee for the submission of an application for a CAAD. 11. EIA Screening and Scoping Opinions The Town and Country Planning (Scotland) Act 1997 – Section 40 The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017 – Part 2 and 4 11.1 Environmental Impact Assessment (“EIA”) is the process by which information about the likely significant environmental effects of a project, and the potential for reducing, avoiding or offsetting any adverse impacts, is collected and assessed by the developer; this information, together with comments received from the consultation authorities and the public, must be considered by the planning authority before any planning decisions are made. 11.2 EIA may be required where a development is a type described in Schedule 1 and may be required for developments of a type described in Schedule 2 of the Regulations: a) Schedule 1 development will require EIA in every case. Schedule 1 development includes large scale developments with obvious potential for environmental effects, such as crude oil refineries, major chemical and steel works and larger scale quarries. b) Schedule 2 developments have specific thresholds to be screened against, however screening of development in sensitive areas is required regardless of the threshold and will require EIA only if the specific development in question is judged likely to give rise to ‘significant’ environmental effects. To determine whether an EIA is needed, a screening opinion will usually be required. Detailed guidance on identifying schedule 2 development is provided in Planning circulate 1/2017: https://www.gov.scot/binaries/content/documents/govscot/publications/advic e-and-guidance/2017/05/planning-circular-1-2017-environmental-impact- assessment-regulations-2017/documents/00518122-pdf/00518122- pdf/govscot%3Adocument/00518122.pdf 11.3 Before applying for planning permission, developers who are in doubt whether EIA will be required may request a screening opinion from the planning authority. If it is determined that EIA is required, a scoping opinion request must be submitted. A scoping opinion is the planning authority’s Page 89
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position as to the information, which should be provided, in the environmental report part of the EIA. 12. Modification or Discharge of Planning Obligations The Town and Country Planning (Scotland) Act 1997 – Section 75A (2) The Town and Country Planning (Modification and Discharge of Planning Obligations (Scotland) Regulations 2010 12.1 The planning authority can enter into a planning obligation (also known as a legal agreement, planning agreement, or section 75 agreement) with a developer to secure financial contributions, secure provision of infrastructure or control matters, which cannot be dealt with by attaching condition to a planning permission. A planning obligation is registered in the Land Register of Scotland and binds successors in title to the land to its terms. 12.2 A developer may wish to modify an obligation, perhaps due to a change in circumstances or to discharge (remove) it or if they have met all the terms of the obligation, such as making payments. To do this a formal application must be made to the planning authority. A copy of the application form can be used to apply for this application from the ePlanning Scotland system. There is no fee for the submission of an application for the modification or discharge of a planning obligation. 12.3 Further guidance can be found in Scottish Government Circular 4/20253/2012 (Planning Obligations and Good neighbour Aagreements): https://www.gov.scot/binaries/content/documents/govscot/publications/advic e-and-guidance/2012/12/circular-3-2012-planning-obligations-good- neighbour-agreements/documents/00410382-pdf/00410382- pdf/govscot%3Adocument/00410382.pdfhttps://www.gov.scot/binaries/content/d ocuments/govscot/publications/advice-and-guidance/2025/12/planning-obligations-good- neighbour-agreements/documents/planning-circular-4-2025-planning-obligations-good- neighbour-agreements/planning-circular-4-2025-planning-obligations-good-neighbour- agreements/govscot%3Adocument/planning-circular-4-2025-planning-obligations-good- neighbour-agreements.pdf 13. Prior Notification The Town and Country Planning (General Permitted Development) (Scotland) Order 1992 13.1 Prior notification is a procedure where a developer must tell the planning authority about their proposals before taking advantage of permitted development rights, which allow them to carry out development without applying for planning permission. The result will be a decision that ‘prior Page 90
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approval’ is or is not needed. If the decision is that approval is needed, the planning authority may ask for information before they can decide whether to give prior approval. If the planning authority decides to grant prior approval, they may set conditions or limitations that the applicant will have to meet as well as any restrictions that apply to the development set out in the General Permitted Development Order (GPDO). 13.2 See our website for further guidance: Prior Notifications - Agricultural and Forestry Buildings http://www.moray.gov.uk/moray_standard/page_137732.html Prior Notifications – Residential and Flexible Commercial Use http://www.moray.gov.uk/moray_standard/page_137733.html Prior Notifications – Private ways for Agricultural and Forestry Use http://www.moray.gov.uk/moray_standard/page_137733.html Prior Notifications – Windows http://www.moray.gov.uk/moray_standard/page_155445.html Free standing wind turbines in the curtilage of domestic properties http://www.moray.gov.uk/moray_standard/page_155446.html 14. Hazardous Substance Consent Planning (Hazardous Substances) (Scotland) Act 1997 – Section 5 The Town and Country Planning (Hazardous Substances) (Scotland) Regulations 2015 – Regulations 6, 7 and 8 14.1 The hazardous substance consent system ensures that hazardous substances can be kept or used in significant amounts only after the responsible authorities have had the opportunity to assess the degree of risk arising to persons in the surrounding area and to the environment. 14.2 There are three types of applications related to hazardous substances. These are: • Application for a new hazardous substances consent (regulation 6) • Application for removal of conditions from an existing consent (regulation 7) • Application for continuation of hazardous substances consent where there has been a change in the person in control of part of the land – (regulation 8) Page 91
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14.3 The eplanning Scotland website cannot be used to apply for this type of application. An online form wizard is provided through the Health & Safety Executive at https://www.hse.gov.uk/landuseplanning/application-forms- hazardous-consent.htm The wizard will guide applicants through the completion of the relevant application form and produce a completed form, which can be submitted as part of the application. Development Management Growth, Planning & ClimateEconomic Growth & Development Moray Council PO Box 6760, Elgin, Moray IV30 9BX 03001234561 Development.control@moray.gov.uk Page 92