Agenda Document Pack - Planning and Regulatory Services Committee - 21/10/2025
Moray Council · 21 October 2025
Back to Planning and Regulatory Services Committee — 21 October 2025 and its agenda
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Planning and Regulatory Services Committee Tuesday, 21 October 2025 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 Tuesday, 21 October 2025 at 09:30. BUSINESS 1. Sederunt 2. Declaration of Group Decisions and Members Interests * 3. Minute of meeting of 12 August 2025 5 - 44 4. Written Questions ** Guidance Note 45 - 46 5. Planning Application 24 00617 EIA 47 - 126 Information Reports - Not for Discussion at this Meeting Any member wishing to call in a noting or information report from one meeting shall give notice to Committee Services by 12 noon 2 clear working days before the meeting for which the report is published. Please see Standing Order 38 for deadlines. The Notice shall be countersigned by one other elected member and shall explain the reason for call in including any action sought. Page 1
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Information Report - Local Place Plans Update Report by Executive Director Economy, Enterprise and Operations 127 - 132 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 Tuesday, 12 August 2025 Council Chambers, Council Office, High Street, Elgin, IV30 1BX PRESENT Councillor Tracy Colyer, Councillor Theresa Coull, Councillor John Cowe, Councillor John Divers, Councillor Amber Dunbar, Councillor Jérémie Fernandes, Councillor Donald Gatt, Councillor David Gordon, Councillor Sandy Keith, Councillor Marc Macrae, Councillor Paul McBain, Councillor Draeyk van der Horn, Councillor Sonya Warren APOLOGIES Councillor Neil Cameron IN ATTENDANCE Acting Head of Economic Growth and Development, Neal MacPherson, Acting Development Management and Building Standards Manager, Richard Smith, Principal Planning Officer, Andrew Miller, Acting Principal Planning Officer, Strategic Planning and Development Manager, Transportation Manager, Legal Services Manager and Lissa Rowan, Committee Services Officer as Clerk to the Committee. 1 Chair The meeting was chaired by Councillor David Gordon. 2 Declaration of Group Decisions and Members Interests In terms of Standing Orders 21 and 23 and the Councillors’ 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 Keith declared an interest in Item 8 on the agenda as he has a connection with someone involved in the application process and advised that he would leave the meeting during the consideration of the item. There were no further declarations of Member’s interests in respect of any item on the agenda. Item 3. Page 5
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3 Resolution The meeting resolved that in terms of Section 50A (4) and (5) of the Local Government (Scotland) Act 1973, as amended, the public and media representatives be excluded from the meeting during consideration of the items of business appearing at the relevant paragraphs of this minute as specified below, so as to avoid disclosure of exempt information of the class described in the appropriate paragraphs of Part 1 of Schedule 7A of the Act. Paragraph No. of Minute Paragraph No. of Schedule 7A 16 12 – Information relating to instructions to counsel any opinion of counsel, and any advice received, information obtained or action to be taken in connection with any legal proceedings. 4 Minutes The Minute of the meeting of the Pre-determination Hearing on 16 April 2025 was submitted and approved. The Minute of the Special meeting of the Planning and Regulatory Services Committee dated 16 April 2025 was submitted and approved subject to additional wording at paragraph 7 to read "Taking the majority of good quality feedstock from distilleries within a radius of 15 miles could see the development placed on a variety of alternative sites outwith the CAT (with less planning constraints). The Minute of the meeting of the Planning and Regulatory Services Committee dated 27 May 2025 was submitted and approved. 5 Written Questions The Committee noted that no written questions had been submitted. 6 Planning Application 25/00213/APP Application under S42 of the Town and Country Planning (Scotland) Act 1997 for the variation of condition 1 of Planning Consent Reference 15/00355/APP to extend the time period of operations at Gedloch Quarry for a further 20 years at Gedloch Quarry, Birnie, Elgin, Moray for Pat Munro (Alness) Ltd The meeting had before it a report by the Appointed Officer recommending that, for reasons detailed in the report, planning permission be granted for an application under S42 of the Town and Country Planning (Scotland) Act 1997 for the variation of condition 1 of Planning Consent Reference 15/00355/APP to extend the time period of operations at Gedloch Quarry for a further 20 years at Gedloch Quarry, Birnie, Elgin, Moray for Pat Munro (Alness) Ltd. The Committee noted that the application had been referred to Committee as it is a major application. Page 6
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Following consideration, the Committee unanimously agreed to grant planning permission, as recommended, subject to the following conditions and reasons: 1. The permission hereby granted shall be for a limited period only and shall cease on 28 February 2045 (the 'cessation' date). Reason: To ensure an acceptable form of development having regard to the nature of the current proposal and enable the development to progress in accordance with the applicant's agent's submitted particulars to allow for full extraction of available resources (and for site restoration thereafter); 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. Stockproof fencing shall be erected around the site and maintained in a secure condition at all times. Reason: In the interests of public safety 3. Fuel tanks shall be bunded and sited on an impervious base. Reason: In order to minimise risks from pollution. 4. The details of storage of stripped overburden shall require the prior written approval of the Planning Authority. Reason: In order that the visual and environmental impact can be assessed. 5. The quarry shall operate only between the hours of 7.00 am and 6.00 pm Monday to Saturday and 9.00 am and 4.00 pm Sunday (for maintenance only). Any proposals to operate outwith these hours for the purpose of maintenance and supply of product shall require the prior written approval of the Planning Authority. Reason: To avoid undue disturbance to those in the vicinity. 6. No blasting operation shall take place outwith the hours of 8.00 am to 5.00 pm Monday to Saturdays, or during any time on Sundays. Reason: To avoid undue disturbance to those in the vicinity. 7. Noise emissions from plant and machinery within the quarry shall not exceed 55dBLAeq, 1 hour (free field), at any affected noise-sensitive property. The reference period for measurement shall be 1 hour, where 1 hour means any of the 1 hour periods during 0700 – 1900 hours. Reason: To avoid undue disturbance to those in the vicinity. Page 7
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8. Details of any foul effluent disposal shall be first agreed with the Planning Authority. Reason: To avoid pollution. 9. In line with the guidance in P.A.N. 50 Annexes B and D, appropriate measures shall be taken to ensure the avoidance of nuisance or hazards to residential occupants from dust, ground vibration, fly rock and over-pressure. Reason: In order to avoid nuisance and hazards in this respect. 10. Prior to the cessation date, the application site shall be cleared of all development approved under the terms of the permission hereby granted (including all ancillary works, infrastructure, fixtures and fittings located within the site following the earlier permission granted under formal decision notice 00/00414/MIN dated 23 August 2000), and the site shall then be re-instated in accordance with a restoration and aftercare scheme to be approved in writing by the Council, as Planning Authority under Condition 12 of this permission. Reason: In recognition of the temporary nature of the proposed development including the limited duration of the permission hereby granted and to secure removal and restoration of the site in the interests of the character, appearance and amenity of the site and the surrounding area. 11. The development shall be managed in accordance with the approved Site Specific Management Plan, as agreed on 27 May 2016 by the Council (as Planning Authority) under condition 3 of planning permission 15/00355/APP dated 1 June 2015. 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. 12. 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 for the written approval of the Council, as Planning Authority in consultation with SEPA. The plan shall be based on the concept restoration details approved as part of this application and 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. Page 8
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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. 13. Within three months of the date of the decision notice, the area indicated in visibility splay drawing No. 166797/1000 (A), dated 16/04/25, shall be kept clear of any vegetation. Thereafter, the visibility splay shall be maintained at all times free from any obstruction exceeding 0.26 metres above the level of the carriageway. Reason: To enable drivers of vehicles leaving the site 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. 14. Unless otherwise agree in writing with the Council, as Planning Authority, within three months of the date of the decision notice, a detailed drawing (scale 1:200) shall be submitted to and approved in writing by the Council, as Planning Authority, in consultation with the Roads Authority. The drawing shall include: • Measures to address site drainage and vehicle cleaning facilities to prevent water and loose material from being deposited onto the public road (A941); and • Resurfacing and patching works for the first 20 metres of the access track, measured from the edge of the public carriageway, in accordance with Moray Council standards and specifications. Thereafter, the approved improvement works shall be completed within nine months of the date of the decision notice. Reason: To ensure acceptable infrastructure at the development access. 15. Unless otherwise agree in writing with the Council, as Planning Authority, within three months of the date of the decision notice, the existing road markings at the junction of the private access onto the A941 (E) Lossiemouth – Elgin – Dufftown – Rhynie Road shall be reinstated/refreshed to the satisfaction in writing of the Roads Authority and thereafter the road markings shall be refreshed every three years to maintain acceptable level of condition. Reason: To ensure acceptable development that does not create any hazard to road users in the interests of road safety. 16. No water shall be permitted to drain or loose material be carried onto the public carriageway. Reason: To ensure acceptable development that does not create any hazard to road users in the interests of road safety. 7 Planning Application 25/00410/APP Page 9
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Application under Section 42 to vary conditions 1-24, 26, 31-37, and 41-45 of planning consent 20/00905/APP to enable the phased development and submission of information relating to each phase for which development is sought and to rationalise conditions which relate to the R2 phase of the site which is now subject of its own separate consent (24/00705/APP) on Sites R7, R2 And R3 Bilbohall Elgin Moray for Moray Council The meeting had before it a report by the Appointed Officer recommending that, for reasons detailed in the report, planning permission be granted for an application under Section 42 to vary conditions 1-24, 26, 31-37, and 41-45 of planning consent 20/00905/APP to enable the phased development and submission of information relating to each phase for which development is sought and to rationalise conditions which relate to the R2 phase of the site which is now subject of its own separate consent (24/00705/APP) on Sites R7, R2 And R3 Bilbohall, Elgin, Moray for Moray Council. The Committee noted that the application had been referred to Committee as it is a major application. Following consideration, the Committee unanimously agreed to grant planning permission, as recommended, subject to: i. completion of a modified Section 75 legal agreement (regarding payment of developer obligations relating to secondary education, health care and transport) to take account of current planning application and an associated Section 75A application. ii. the following conditions and reasons: 1. The development to which this permission relates must be begun no later than the expiration of 5 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. For the avoidance of doubt, all works relating to the R2 phase will be implemented through the planning permission reference 24/00705/APP as identified in drawing titled Proposed masterplan number 20344-CAL-XX-XX-DR- A-01-011 Rev P01. Reason: In order to separate out the works of the R2 phase from this planning permission and remove any ambiguity regarding its terms. 3. The development shall proceed in accordance with the approved Phasing Plan (drawing number 20344-CAL-XX-XX-DR-A-01-011 Rev P01) unless otherwise agreed in writing with the Council, as Planning Authority. Reason: To ensure the timely delivery of landscaping, paths and infrastructure, including infrastructure necessary to provide a bus route through the site, and delivery of a phased development which integrates into the landscape. Page 10
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4. No development shall commence on Phase 2 (drawing number 20344-CAL-XX- XX-DR-A-01-011 Rev P01) until scaled plans detailing the route, design, gradient surfacing, drainage, timing of delivery, and maintenance arrangements for the connections across the land to the east of the site at the Wards to connect onto existing Core Path EG37, (as shown on the approved Outdoor Access Plan dated February 2021 SK 200) have been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Access Manager. The paths shall thereafter be implemented in accordance with the approved details and the approved Phasing Plan unless otherwise agreed in writing with the Council, as Planning Authority. Reason: To ensure the provision of safe and suitable access routes for pedestrians both within and to/from the development to the wider core path network and as these details were not included in full with the application. 5. Notwithstanding the submitted landscaping plans no development shall commence on an individual phase until a revised version of the Landscape Masterplan, Soft Landscape Specification, Planting Schedules and Maintenance Schedules, and the relevant landscape plans for that phase have been submitted to and approved in writing by the Council, as Planning Authority. These plans shall incorporate all of the currently proposed details along with the following additional details where relevant to that phase (unless otherwise agreed in writing by the Council, as Planning Authority): • Timescale for the delivery of the community orchard. • Timescale for the delivery of planting within each character area. • Planting along all routes to be to extra heavy standard. • Hedging at plot 143 restricted to ensure clear visibility from the plot access point. • Timescale for the delivery of biodiversity measures and details of the type and location of all proposed bat and bird boxes. • Timescale for provision of paths. All hard and soft landscaping works shall be carried out and maintained thereafter in accordance with the approved details. 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 otherwise agreed in writing by the Council, as Planning Authority. Reason: To ensure that the approved landscaping works are timeously carried out and properly maintained in a manner which will not adversely affect the development or amenity and character of the area and in relation to bullet point 2 to ensure that planting provides a variety of approach along these routes and accentuates the street hierarchy in order to meet Placemaking design principles. 6. No development shall commence on an individual phase which includes a play area until details of the proposed equipped play areas, surfacing, equipment and its ongoing maintenance (scaled drawing 1:100 and equipment specification schedule) on the locations identified on the approved site plans within that phase have been submitted to and approved in writing by the Council, as Planning Authority. The equipped play areas shall reflect the need Page 11
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for at least half of the play equipment to be to inclusive standards with accessible surfaces. The equipped play areas shall be provided in accordance with the approved details and be available for use prior to the occupation of 50% of residential units within the phase of development for which the details are submitted, unless otherwise agreed in writing by the Council, as Planning Authority. Thereafter the play areas shall be maintained in accordance with the approved maintenance arrangements. In addition to this the provision of management and maintenance plans covering the funding arrangements for the long-term delivery and upkeep of any play areas must also be provided. Reason: To ensure the adequate provision of equipped play areas and future maintenance in line with NPF 4 policy 21. 7. No development shall commence on the R7 (The Firs) site (Phase 6 in drawing number 20344-CAL-XX-XX-DR-A-01-011 Rev P01 Phasing Plan) until: (a) a hibernating check for bats to be carried out during the November to April window in any year) has been carried out; and (b) details of all mitigation set out in the approved Bat Survey dated October 2020 (including measures to ensure the avoidance of light shining into bat foraging habitats during both construction and operation; and provision of bat boxes throughout this part of the site) have been drawn up. The details of these surveys/measures to be submitted to and approved in writing by the Planning Authority before any work commences on site. Thereafter work shall proceed in accordance with the approved details and no residential unit on the R7 site shall be occupied until the associated bat mitigation has been implemented in accordance with the approved details. Reason: To ensure that European Protected Species are not adversely affected by development. 8. No development shall commence on site R7 (The Firs) (Phase 6 in drawing number 20344-CAL-XX-XX-DR-A-01-011 Rev P01) until existing trees to be retained have been enclosed with protective fencing and thereafter protected during construction in accordance with the approved Tree Protection Plan R7 Detail (drawing number 10949-LD-PLN-101 Revision B). These trees shall be retained thereafter on site throughout the lifetime of the development unless otherwise agreed in writing with the Planning Authority, with no other trees removed without the prior written approval of the Council, as Planning Authority. Reason: To ensure that the development is integrated into the surrounding landscape/townscape and that features of value to the local area are retained. 9. No development shall commence on an individual phase until a Construction Environment Management Plan (CEMP) for that phase has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Environmental Health Manager. This plan shall include: • Site Waste Management Plan which should cover the management of soil in that phase; • Construction Method Statement Measures to ensure that there will be no pollution or discharge of sediment which may affect the Wards wildlife Page 12
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site; • Measures to demonstrate that proposed wildlife corridors within the site are safeguarded throughout the phased construction of the site; • Measures for the reuse of turves and other environmental mitigation, including lighting proposals all as outlined in the embedded mitigation measures section of the approved Landscape and Visual Appraisal Project No. 10949 document; • Pre-construction badger survey; • Measures to ensure that any felling or vegetation clearance works happen outside of the nesting bird season (typically March – August, inclusive); and • Measures to minimise construction related noise, dust and artificial lighting. Thereafter construction shall proceed in accordance with the approved plan unless otherwise agreed in writing with the Council, as Planning Authority. Reason: In order to minimise the impacts of development upon the environment from construction works. 10. No development shall commence on an individual phase until details of the colours of all street materials for that phase have been submitted to and approved in writing by the Council, as Planning Authority. These details to reflect the requirement to provide variety between the streets and home zones. Thereafter all works shall be carried out in accordance with the approved details unless otherwise agreed in writing with the Council, as Planning Authority. Reason: In order to ensure that the development has variation in street detailing through the use of different materials and surfacing and reflects the distinctiveness between and in each character area and as these details are lacking from the application. 11. No development shall commence on an individual phase of the development until details of the design, height and finishes of retaining walls for that phase have been submitted to and approved in writing by the Council, as Planning Authority. All boundaries shall thereafter be completed and retained in accordance with the approved plans unless otherwise agreed in writing with the Council, as Planning Authority. Reason: To ensure that the development integrates into the landscape. 12. No construction shall commence on any house, flat or unit within the development which requires external cycle storage, until details of the design and finishes of all covered cycle storage facilities associated with that house, flat or unit have been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Transportation Manager. The facilities shall thereafter be completed in accordance with the approved plans prior to occupation of the house, flat or unit to which they relate and retained and maintained for use throughout the lifetime of the house, flat or unit, unless otherwise agreed in writing with the Council, as Planning Authority. Page 13
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Reason: The provision of details currently lacking from the submission to ensure that suitable provision is made for cycle storage. 13. No development shall commence on Phase 4b or 5 (in drawing number 20344- CAL-XX-XX-DR-A-01-011 Rev P01) or on the construction of the pumping station until details of the design and finishes of the proposed pumping station and associated plant (including noise levels) and timetable for delivery have been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Environmental Health Manager. The infrastructure shall thereafter be completed in accordance with the approved plans before being brought into use. Reason: To ensure an acceptable form of development as these details were not available at the time of the application. 14. No development shall commence on an individual phase of the development hereby approved until a detailed Arts Strategy (shall include street naming strategy) for that phase has been submitted to and approved by the Council, as Planning Authority. This shall reflect the principles set out in the Bilbohall Arts Strategy dated January 2021 accompanying this application and include details of how the art will be delivered and a timetable for delivery. The strategy shall thereafter be implemented in accordance with the approved details and timetable unless otherwise agreed in writing with the Council, as Planning Authority. Reason: To ensure that the development integrates into the landscape and supports delivery of a distinctive place. 15. No development shall commence on an individual phase until a revised Drainage Impact and Flood Risk Assessment for that phase has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Flood Risk Management Team which shall collate in one single document all information provided including all calculations, design, maintenance, ground water abstraction details, supporting drawings, tests and calculations for all SuDS features, swales and rain gardens as relevant to that phase. This information shall also include detailed site-specific sections through the SuDS pond and planting details (if relevant to that phase) which shall reflect the requirement to maximise biodiversity benefits. Thereafter no residential unit within that phase shall be occupied until the surface water drainage arrangements serving it have been implemented in accordance with the approved details. The arrangements shall be maintained thereafter in accordance with the approved details throughout the lifetime of the development. Reason: To ensure that surface water drainage is provided timeously, complies with the principles of SuDS in order to protect the water environment and to ensure the development enhances biodiversity. 16. No work shall commence on the construction of any residential unit within a specific phase of development until details of the proposed external finishes for that phase by way of samples/specifications have been submitted to and Page 14
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approved in writing by the Council, as Planning Authority. These details to reflect the approach of the approved Placemaking Addendum dated January 2021. The units shall thereafter be constructed in accordance with the approved details. Reason: To ensure that the development is integrated into the surrounding landscape/streetscape and supports delivery of a distinctive place. 17. No development shall commence on the western section of the Spine Road or phases 5 and 6 in drawing number 20344-CAL-XX-XX-DR-A-01-011 Rev P01) (Woodland Edge Character Area of Site R3 and Site R7 The Firs) of the approved development (as shown on the approved Phasing Plan or as defined on any subsequent approved Phasing Plan approved under the terms of condition 3) until details of the materials, design and surface density of a 2 metre high acoustic barrier to be provided in the northern location shown in the Landscape Boundary Treatments plan (Drawing number 10949-LD-PLN-250 Issue C and referenced in the Landscape Masterplan Key) have been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Environmental Health Manager. These details shall meet all the requirements set out in Section 2.3 of the approved Noise Impact Assessment supporting document by AECOM Limited, 1 New York Street, Manchester, dated January 2021, Project number: 60620775 and titled “Bilbohall Masterplan. Planning Noise Report. Moray Council and Grampian Housing Association.” The barrier shall thereafter be installed in accordance with the approved plans before the north western part of the Spine Road is brought into use and retained/maintained thereafter throughout the lifetime of the development. Reason: To ensure that there is no adverse impact or loss of amenity for existing and proposed residents in the area and to satisfactorily mitigate any potential noise pollution. 18. Unless otherwise agreed with the Council, as Planning Authority, in consultation with the Environmental Health Manager, the housing development at plots 128 to 132 shall be designed to ensure that parallel walls of living apartments separated by a distance of 1.7m (to the nearest 0.1m) or whole number multiples thereof are not constructed, as identified in the Noise Impact Assessment supporting document by AECOM Limited, 1 New York Street, Manchester, dated January 2021, Project number: 60620775 and titled “Bilbohall Masterplan. Planning Noise Report. Moray Council and Grampian Housing Association”. The above mitigation measures shall be implemented and maintained throughout the lifetime of the development. Reason: To ensure that there is no adverse impact or loss of amenity for adjacent properties and to satisfactorily mitigate any potential noise pollution. 19. Unless otherwise agreed with the Council, as Planning Authority , in consultation with the Environmental Health Manager, all residential units on Plots 101,149-152,155,187-202, 305-308 shall have thermal double-glazing units provided in living apartment windows (living room/bedroom), which should achieve an acoustic performance of at least Rw + Ctr = 25 dB, as identified in “Table 14 Glazing/Ventilation Configuration” of the Noise Impact Page 15
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Assessment supporting document by AECOM Limited, 1 New York Street, Manchester, dated January 2021, Project number: 60620775 and titled “Bilbohall Masterplan. Planning Noise Report. Moray Council and Grampian Housing Association”. The above mitigation measures shall be implemented and maintained throughout the lifetime of the development. Reason: To ensure that there is no adverse impact or loss of amenity for these properties and to satisfactorily mitigate any potential noise pollution. 20. Unless otherwise agreed with the Council, as Planning Authority, in consultation with the Environmental Health Manager, all residential units on Plots 101,149-152,155,187-202, 305-308 shall have acoustic trickle ventilation provided in living apartment windows (living room/bedroom), which should achieve an acoustic performance of at least Dn,e,w 26 dB Ctr -1 dB, as identified in “Table 14 Glazing/Ventilation Configuration” of the Noise Impact Assessment supporting document by AECOM Limited, 1 New York Street, Manchester, dated January 2021, Project number: 60620775 and titled “Bilbohall Masterplan. Planning Noise Report. Moray Council and Grampian Housing Association” (corrected and updated in e-mail dated 12/02/2021 from AECOM Limited to the Environmental Health Manager). The above mitigation measures shall be implemented and maintained throughout the lifetime of the development. Reason: To ensure that there is no adverse impact or loss of amenity for these properties and to satisfactorily mitigate any potential noise pollution. 21. 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) shall construction works be undertaken except where previously agreed in writing with the Council, as Planning Authority and where so demonstrated that operational constraints require limited periods of construction works to be undertaken out with the permitted/stated hours of working. Reason: To ensure that there is no adverse impact upon neighbouring properties, or loss of amenity. 22. The existing stone walls at the R7 (The Firs) site (Phase 6 in drawing number 20344-CAL-XX-XX-DR-A-01-011 Rev P01) shall be retained or reinstated in accordance with the approved site plan (Drawing number GA-301 Revision E) throughout the lifetime of the development hereby approved unless otherwise agreed in writing with the Council, as Planning Authority. Reason: To ensure the development is integrated into the surrounding landscape/streetscape and retains features which contribute to the character of the area. 23. The development hereby approved shall be constructed in accordance with the approved site sections and levels plans unless otherwise agreed in writing with the Council, as Planning Authority. Page 16
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Reason: To ensure that the development is integrated into the surrounding landscape/townscape. 24. Traffic calming proposals shall be implemented in accordance with the approved traffic calming diagram (and associated drawings J5143 -030 revision G and J5143- 031 revision J) and the approved Phasing Plan unless otherwise agreed in writing with the Council, as Planning Authority. Reason: To ensure the delivery of traffic calming measures in the interests of road safety and the amenity of residents in terms of mitigation of noise as considered in the Noise Impact Assessment of the development. 25. All residential units within the development shall be provided and retained as affordable housing for the lifetime of the development unless otherwise agreed in writing with the Council, as Planning Authority in consultation with the Housing Strategy & Development Manager. Reason: To ensure an acceptable form of development in terms of the required provision and delivery of affordable housing. 26. No unit shall be occupied on site R7 (the Firs) until a footway link has been provided from the eastern part of the site through to Fairfield Avenue in the position shown on the approved site plan (Drawing number GA-301- E) to the west side of the road linking to Fairfield Avenue adjacent to 5 Fairfield Avenue unless otherwise agreed in writing with the Council, as Planning Authority. The link to be retained thereafter throughout the lifetime of the development hereby approved. Reason: To ensure the provision of safe and suitable access routes for pedestrians. 27. No unit shall be occupied until its associated parking, cycle, electric vehicle charging, and bin storage provision has been implemented in accordance with the approved plans unless otherwise agreed in writing with the Council, as Planning Authority. Reason: To ensure that the development is adequately serviced. 28. No development shall commence on an individual phase (either phase 2 or 4b) of the development until the following, as it may relate to that phase, has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority: i) drawing(s) (Scale 1:500 minimum) showing the positions of bus lay- bys/stops on the Spine Road including bus stop infrastructure (shelters and flags) within that phase; ii) drawing(s) (Scale 1:250 minimum) showing the design of the Bus Gates to be installed at two locations on the Spine Road along with details of the specification and operation requirements of the Bus Gates; iii) timescales for the delivery of the Bus Gates and bus stop infrastructure proposed for development; and Page 17
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iv) prior to any work commencing in both Phase 2 and 4b evidence of an agreement with local bus operators for the provision of bus services to serve the phase and site, including the extension/enhancement of existing bus services and/or the provision of new dedicated bus services to provide a minimum level of service operating from 7.00am to 6.00pm at an hourly frequency Monday to Friday inclusive and from 8.00am to 6.00pm at an hourly service on Saturday, for a minimum duration of two years which shall commence within 90 days of the opening of the Spine Road through the site as a route for traffic (unless otherwise agreed in writing with the Council, as Planning Authority). Thereafter, the bus stops, bus infrastructure and bus services shall be provided in accordance with the approved details and agreed timescales unless otherwise agreed in writing with the Council, as Planning Authority. Reason: To ensure the satisfactory provision of public transport infrastructure to serve the development. 29. No development shall commence until the Spine Road within Phases 1a and 1b has been completed unless otherwise agreed in writing by the Planning Authority in consultation with the Transportation Manager. Reason: To ensure the provision of a safe and suitable access, including for pedestrians and cyclists, to the development and to safeguard provision of vehicular access to the High School from Edgar Road, in the interest of road safety. 30. No development shall commence on Phases 4b, 5 or 6 in (drawing number 20344-CAL-XX-XX-DR-A-01-011 Rev P01) of the development until the following has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority: i) a detailed drawing (Scale 1:500) showing the design specifications and timescale for delivery of the road and junction improvements (traffic signal control) at the Bilbohall Road Railway Bridge and including revisions to the road layout at the Mayne Road/Fleurs Road/Bilbohall Road/Wards Road junction to the north of the railway line which optimises facilities for pedestrians and cyclists through provision of advanced cycle stop lines, controlled pedestrian crossings, additional/widened footways and a cycle path approaching the junction on the western side of Bilbohall Road. The design details shall be informed by a Stage 2 Road Safety Audit for the proposed road and junction improvements and shall be included as part of the required details; and ii) written evidence of all Road Traffic Regulation Orders being secured to remove rights of access for motorised vehicles and/or create one-way sections of road as required to support the road and junction improvements. Thereafter, the road and junction improvements shall be provided in accordance with the approved details and agreed timescales unless otherwise agreed in writing with the Council, as Planning Authority. Reason: To ensure the provision of a safe and suitable access, including for pedestrians and cyclists, to the development in the interest of road safety. Page 18
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31. No development shall commence until the following has been submitted to and approved by the Council, as Planning Authority in consultation with the Roads Authority detailed drawings (Scale 1:500) showing revisions to the alignment of the Spine Road to incorporate; i) enlarged traffic islands to provide crossing points for pedestrians and cyclists to the Moray Council specification; ii) widened sections of the footway on the western side of the Spine Road to ensure provision of continuous cycle routes of a minimum of 3 metres between the cycle paths within the landscaped areas in Sites R2 and R3 and the pedestrian/cycle crossing points on the Spine Road; and iii) re-location of all pedestrian crossing points at the site accesses on the western side of the Spine Road to ensure provision of a direct and convenient route for pedestrians which follows desire lines. The design shall be informed by a Stage 2 Road Safety Audit and vehicle swept path analysis and the Road Safety Audit shall be included as part of the required details. Thereafter, the Spine Road and pedestrian and cycle facilities shall be provided in accordance with the approved details and Phasing Plan unless otherwise agreed in writing with the Council, as Planning Authority. Reason: To ensure the provision of a safe and suitable access, including for pedestrians and cyclists, to the development in the interest of road safety. 32. Notwithstanding the details for the “Temporary pedestrian connectivity to Mayne Farm Road at completion of 4b, prior to Phase 5 commencement” as shown on drawing number 20344-CAL-XXXX-DR-A-01-011 Rev P01) (part of Site R3) which are not accepted. No works shall commence on Phase 4b or 5 until the following has been submitted to and approved by the Council, as Planning Authority in consultation with the Roads Authority: i) a detailed drawing (Scale 1:500) showing the provision of a 2 metre wide footway connection between Phase 4b and Bilbohall Road via Phase 5; and ii) a detailed drawing (Scale 1:500) showing the provision of a temporary 2 metre wide footpath connecting Site R3 (Phase 4b) and Bilbohall Road, including details of the timescale for the provision of the temporary footpath which shall be prior to completion of Phase 4b. Thereafter, the development shall be provided in accordance with the approved details and timescales unless otherwise agreed in writing with the Council, as Planning Authority. Reason: To ensure provision of a road network within Site R3 which operates safely and efficiently for the benefit of all road users, including for pedestrians and cyclists and to provide access for pedestrians and cyclists from Site R3 to the existing road network to the north of the site. 33. No works shall commence on any phase of the development until details for the construction of that phase have been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority regarding: Page 19
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a) A Construction Traffic Management Plan which shall include the following information: • duration of works; • construction programme; • number of vehicle movements (i.e. materials, plant, staff, components); • anticipated schedule for delivery of materials and plant; full details of construction traffic routes from the Strategic Road Network (A941/A96) to the site, including any proposals for temporary haul routes and routes to be used for the disposal of any materials from the site. (Note Construction vehicles will not be permitted to access the site via the Railway Bridge to the north of the development, unless those vehicles are associated with the works required for the upgrading and junction improvement at Bilbohall Road/Mayne Road/Fleurs Road/Wards Road); • measures to be put in place to prevent material being deposited on the public road; • measures to be put in place to safeguard the movements of pedestrians, in particular safeguarding movements to the play area to the west of Bilbohall Road; • traffic management measures to be put in place during works including any specific instructions to drivers; and • parking provision, loading and unloading areas for construction traffic. • Details of how the plan will be managed and monitored. • Any temporary construction access which shall include the following information: • a drawing (Scale 1:500 minimum) regarding the location and design specifications of the proposed access(es); • specification of the materials used for the construction access(es); • all traffic management measures required to ensure safe operation of the construction access(es); • details, including materials, for the reinstatement of any temporary construction access(es); and • details regarding the timescale for the opening up and closure of any temporary access(es) together with the time period over which the temporary access(es) will be used. Thereafter, the construction of the development shall be implemented in accordance with the approved details, unless otherwise agreed with the Council, as Planning Authority in consultation with the Roads Authority. Reason: To ensure an acceptable form of development in terms of the arrangements to manage traffic during construction works at the site, road safety and the amenity of the area/adjacent properties. 34. No boundary fences, hedges, walls or any other obstruction whatsoever over 0.9m in height and fronting onto the public road shall be within 2.4m 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 Page 20
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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. 35. No fences, planting/hedges, walls or any other obstruction whatsoever over 0.3m measured from the level of the public carriageway shall be permitted within any ‘forward visibility’ areas or any visibility splays crossing plot boundaries within all areas of the residential development, unless otherwise agreed in writing by the Council, as Planning Authority in consultation with the Roads Authority. Reason: To enable drivers of vehicles to have an acceptable clear forward visibility, in the interests of road safety for the proposed development and other road users. 36. Parking provision for Phase 6 in drawing number 20344-CAL-XX-XX-DR-A-01- 011 Rev P01 (Site R7) shall be provided in accordance with the Parking Provision drawings 20197- GA-302 Rev A and thereafter no house or flat shall be occupied until parking has been provided and made available for use by that house or flat. Thereafter the parking arrangements shall be retained and maintained in perpetuity as parking spaces for use in conjunction with that house or flat 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. 37. No development shall commence on Phase 2 (excluding the care village) and 4b (drawing number 20344-CAL-XX-XX-DR-A-01-011 Rev P01) (part of Site R3) until the following details for Car Club provision has been submitted for approval by the Planning Authority in consultation with the Roads Authority: • Written evidence of an agreement with a registered Car Club provider to operate a minimum of two vehicles within the development; • Details of promotion of Car Club membership to tenants, including free/discounted membership to incentivise use of the Car Club; and • A program for the evaluation of the first five years of the operation of the Car Club to evaluate its effectiveness in reducing car ownership, including an annual parking survey to be undertaken by the Registered Social Landlord to an agreed scope. Thereafter the Car Club shall be operated and evaluated in accordance with the approved details, unless otherwise agreed in writing by the Council, as Planning Authority in consultation with the Roads authority. Reason: In the interests of an acceptable form of development and the provision of a Car Club service to support the use of lower parking standards within Site R3. 38. Parking provision for Phase 4b in drawing number 20344-CAL-XX-XX-DR-A01- 011 Rev P01 (Site R3) shall be provided in accordance with the Parking Provision Page 21
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drawing 20197-GA-102 Rev A and thereafter no house or flat shall be occupied until parking has been provided and made available for use by that house or flat. The parking arrangements shall be retained and maintained in perpetuity as parking spaces for use in conjunction with that house or flat hereby approved, unless; i) the annual surveys as set out in the approved Site R3 Parking Provision document provide evidence of parking demand exceeding parking supply; or ii) the Car Club provider withdraws the service from within the site and no replacement provider is secured within 90 days unless otherwise agreed in writing by the Council, as Planning Authority. Thereafter additional parking spaces shall be provided at locations where evidence of parking demand exceeding parking supply is identified within the abovementioned annual surveys, or in the case of the withdrawal of the Car club service, all additional parking spaces are provided in accordance with Drawing 20197-GA-102 Rev A within a period of six months from the date of the identification of the need for the additional parking spaces, unless otherwise agreed in writing with the Planning Authority in consultation with the Roads Authority. Thereafter the revised parking arrangements shall be retained and maintained in perpetuity as parking spaces for use in conjunction with that house or flat hereby approved unless otherwise agreed in writing with the Planning Authority in consultation with the Roads Authority. 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. 39. Prior to commencement of works for Phase 2 in drawing number 20344-CAL-XX- XX-DR-A-01-011 Rev P01, the following details for Electric Vehicle charging provision shall be submitted for approval by the Planning Authority in consultation with the Roads Authority: • A plan (scale 1:500 min) showing the location of and statement/specifications to confirm the EV charging supply and cabling provisions for a minimum of one 22kW fast charger per ten parking spaces for the care village. The development shall be completed in accordance with the approved details, the EV charging infrastructure shall be provided and available for use prior to completion of the unit to which the charging provision relates and shall thereafter be retained and available for use in perpetuity unless otherwise approved 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. 40. Driveways over service verges shall be constructed to accommodate vehicles and shall be surfaced in a hard material, for example bituminous macadam, or lock block paviours unless otherwise agreed in writing by the Council, as Planning Authority, in consultation with the Roads Authority. Page 22
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Reason: To ensure acceptable infrastructure is provided at the property accesses. 41. 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 unless otherwise agreed in writing with the Council, as Planning Authority. Reason: To ensure an acceptable form of development and effective roads drainage infrastructure is provided and safeguarded. 42. No development shall commence on an individual phase until a Decarbonisation Strategy for that phase has been submitted to and approved in writing by the Council, as Planning Authority. The statement must demonstrate that each phase has been sited and designed to minimise lifecycle greenhouse gas emissions as far as possible to meet the requirements of policy 2. The Decarbonisation Strategy shall include detail of: a. An overview of development and key carbon and climate considerations; b. A whole life carbon assessment; c. Carbon management and reporting plan; d. A carbon sequestration statement; and e. Renewable energy and heat decarbonisation statement. Thereafter the development shall be delivered and operated in accordance with the approved Decarbonisation Strategy, unless otherwise agree in writing with the Council, as Planning Authority. Reason: To ensure carbon emissions are minimised during the delivery and lifetime of the development, in accordance with National Planning Framework Policy 2 - Climate mitigation and adaptation. 43. No development shall commence on an individual phase until a Community Wealth Building Plan for that phase has been submitted to and approved in writing by the Council, as Planning Authority. The Community Wealth Building Plan must be prepared in accordance with the “Moray Local Development Plan - Community Wealth Building Planning Guidance” or any subsequent replacement document. Thereafter the proposal shall be implemented in full accordance with the approved Community Wealth Building Plan unless otherwise agreed in writing with the Council, as Planning Authority. Reason: To ensure the development contributes to community wealth building aims in accordance with National Planning Framework 4 Policy 25 and the “Moray Local Development Plan - Community Wealth Building Planning Guidance”. 44. No development shall commence on an individual phase until a Biodiversity plan/design stage net gain report has been submitted to and approved in writing by the Council, as Planning Authority. The Biodiversity plan/design stage net gain report shall include details of: - a. Significant Biodiversity enhancement; b. Proposed mitigation; Page 23
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c. Details of the long-term management of any biodiversity enhancement; and d. Demonstrate there is always a route for wildlife between the Ward Wildlife site and the southwest, including during construction works. For the avoidance of doubt during construction it is essential that there are always protected routes for wildlife/nature to use to connect to the southwest. This should be prepared by a suitably qualified ecologist using best practice assessment methods to evidence this. The methodology to be used should be agreed with the Council in advance. Reason: To ensure the development will conserve, restore and enhance biodiversity and protect, enhance and extend connectivity for wildlife in line with National Planning Framework Policy 3. 8 Planning Application 23/01071/APP Councillor Keith, having declared an interest in this item, left the meeting at this juncture. Proposed residential development of 263 homes including affordable housing with landscaping parking access and associated works at Duffus Road Findrassie Elgin Moray for Robertson Homes Limited and CJ & CRH Dunbar (Partnership) The meeting had before it a report by the Appointed Officer recommending that, for reasons detailed in the report, planning permission be granted for a proposed residential development of 263 homes including affordable housing with landscaping parking access and associated works at Duffus Road Findrassie Elgin Moray for Robertson Homes Limited and CJ & CRH Dunbar (Partnership). The Committee noted that the application had been referred to Committee as it is a major development as defined under the Hierarchy Regulations 2009 for a development of more than 50 houses, and the site exceeds 2ha. During his introduction, Mr Smith, Principal Planning Officer suggested a change to condition 19a) to ensure that toxin-free materials are used within the play area. This was agreed. Following consideration, the Committee agreed to grant planning permission, as recommended, subject to: i. adoption of the appropriate statement set out in Appendix 1; ii. completion of a Section 75 legal agreement regarding developer obligations and a second modified Section 75 legal agreement prior to issue; and iii. the following conditions and reasons with an amendment to condition 19a) to ensure that toxin free materials are used within the play area: 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. Page 24
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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. 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. 3. 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. 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. 4. All surface water drainage arrangements for the development site shall be in accordance with the submitted Drainage Impact Assessment report (Revision 3) by Cameron and Ross, updated 27 September 2024, and associated drainage drawings submitted with this application. All measures for the management of surface water as outlined within the abovementioned DIA (including maintenance) shall be implemented prior to the first occupation of any residential unit hereby approved, unless otherwise agreed with the Council, as Planning Authority. Reason: To ensure that surface water drainage is provided timeously, complies with the principles of SuDS and in order to protect the water environment. 5. 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 outwith these permitted hours (including National Holidays) shall construction works be undertaken except where previously agreed in writing with the Council, as Planning Authority and where so demonstrated that operational constraints require limited periods of construction works to be undertaken outwith the permitted/stated hours of working. Page 25
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Reason: To protect local residents from noise nuisance in ensuring the construction phase is restricted within permitted hours. 6. Unless otherwise agreed in writing with the Planning Authority, the construction phase of the development shall be carried out in accordance with the agreed details in the supporting document by IMTeco Ltd, dated 8 October 2023, and titled “Construction Environmental Management Plan. Housing Development, Findrassie, Elgin, 23/01071/APP”. Reason: In order that environmental emissions are considered and managed at the construction phase, in order to protect local residents. 7. Unless otherwise agreed with the Planning Authority, a 1.8m high fence with a surface density of at least 10kg/m2 shall be provided on the western edge of the development and as illustrated in blue in the approved plan drawing No. FDE/ARC/006 Rev H updated 4.11.24, titled "Fencing Layout", and shall thereafter be installed and maintained throughout the lifetime of the development. Reason: To protect local residents from road traffic noise. 8. Development shall not commence until a construction management strategy has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Ministry of Defence, covering the application site and any adjoining land which will be used during the construction period. Such a strategy shall include the details of cranes and other tall construction equipment (including the details of obstacle lighting). The approved strategy (or any variation approved in writing by Moray Council) shall be implemented for the duration of the construction period. Reason: To ensure that construction work and construction equipment on the site and adjoining land does not obstruct air traffic movements or otherwise impede the effective operation of air traffic navigation transmitter/receiver systems. 9. Development shall not commence on construction of the SuDS basins on the site until a management plan has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Ministry of Defence. The plan shall include details of a management regime to show that these will be continually maintained to drain down effectively and not hold water on a permanent basis, which could otherwise result in the creation of new habitats that attract and support populations of large and, or flocking birds close to RAF Lossiemouth aerodrome. Reason: To mitigate against potential birdstrike risks to aircraft operations at RAF Lossiemouth by ensuring that the SuDS basins are generally dry, holding water only during and immediately after extreme rainfall events. 10. 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 Page 26
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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 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. This programme of works should comprise an archaeological metal detecting survey of the site followed by a 5% archaeological trial trenching evaluation; all works to be undertaken by a suitably qualified, CIfA-compliant, archaeological contractor. 11. Prior to the occupation of any part of the development hereby permitted, the proposed upgrade of the A96 / Maisondieu Road / Pansport Road roundabout, generally as illustrated in Goodson Associates Drawing No. SK001 “Proposed Mitigation Measures”, shall be constructed and implemented to the satisfaction of the Planning Authority, after consultation with Transport Scotland. Reason: To ensure that the standard of infrastructure modification proposed to the trunk road complies with the current standards, and that the safety and free flow of traffic on the trunk road is not diminished. 12. Prior to the occupation of any part of the development hereby permitted, the proposed upgrade of the Sheriffmill Road / Morriston Road priority junction, generally as illustrated in Goodson Associates Drawing No. 15055-GOO-XX-XX- SK-C-0001 Rev. P01 shall be constructed and implemented to the satisfaction of the Planning Authority, after consultation with Transport Scotland. Reason: To ensure that the development does not result in an unacceptable impact on the safety and free flow of traffic on the trunk road. 13. Prior to commencement of development, the developer shall provide a Construction Method Statement (CMS) and detailed design for the new road crossing furthest east in the site shown in drawing 210410-000-CAM-SK-C-002 Rev B (and/ or drawing ref for updated site plan to reflect reduced road width) to be approved by the Planning Authority in consultation with underground transmission cable operator, SSEN Transmission. Once approved, the developer shall implement the approved road crossing in accordance with the approved CMS and road crossing design. The CMS and detailed road design shall include, but not limited to, the following requirements: 1. Measures to be put in place during excavation to ensure the underground cable and joint bays will not be damaged during construction; 2. Details of where construction materials and plant machinery will be stored during construction; Page 27
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3. A drawing showing the OS coordinates for the location at which the trefoil duct arrangement splits into individual cores as it approaches our joint bay and the OS coordinates for the two closest corners of the joint bay concrete pad; 4. A scaled cross-section design showing the depth of all road layers (including sublayers) relative to the existing underground 132kV electricity cables, including finishing top layer; and 5. A Structural Assessment to underpin the detailed road crossing design, to demonstrate the crossing design can withstand anticipated vehicle movements without causing any harm to the existing underground transmission cable over the long-term. This assessment may recommend that additional protective features such as a new concrete protective pad is installed above the ducting of the underground cables as part of the detailed road crossing design. Reason: To ensure the development mitigates the impact of the development on existing critical national infrastructure and therefore ensures the development meets its obligations under Policy 18 (Infrastructure First) in NPF4. 14. No development shall take place until the applicant/developer has submitted a written scheme setting out all measures for protecting the underground 132kV transmission cable running through the site for approval in writing by the Planning Authority, in consultation with SSEN Transmission. Once agreed, the developer shall implement all agreed measures for the duration of the construction process, unless otherwise agreed in writing with the Planning Authority, in consultation with SSEN Transmission. Reason: To ensure the protection of high-voltage underground electrical transmission cables running through the site during the construction phase of development, ensuring the hereby approved development mitigates adverse impacts on critical national infrastructure and complies with Policy 18 (Infrastructure First) in National Planning Framework 4 (NPF4). 15. The mitigation measures and pre work checks as detailed in the supporting documents titled ‘Duffus Road Preliminary Ecological Appraisal’ dated October 2024, ‘Badger Survey Report’, ‘Badger Protection Plan’ dated April 2025 (confidential) prepared by Envirocentre and ‘Construction Environmental Management Plan; Housing Development, Findrassie, Elgin, 23/01071/APP’ dated 08/10/2023 by IMTeco Ltd shall be fully implemented by the developer and appointed contractor, unless otherwise agreed in writing by the Council, as Planning Authority. Reason: To protect the water quantity and quality of Loch Spynie SPA, Ramsar Site and SSSI, prevent adverse impacts on the integrity of these protected areas and the water environment, and to ensure that the development does not have an adverse impact on protected species. 16. Unless otherwise agreed in writing, no trees shall be felled until updated versions of the supporting document titled ‘Arboricultural Impact Assessment & Method Statement’ revision A, dated 10 June 2025 by Treeteck Arboricultural Services, associated Tree Protection Plans and Planning Layout drawing number FDE/ARC 004 M have been submitted to and approved in writing by the Page 28
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Council, as Planning Authority. The Arboricultural Impact Assessment shall include an updated schedule of trees to be removed and retained which matches the tree removal details shown on drawing titled ‘New Bus Stop Alternative Path Option’ number FDE/ARC/021 and aligns with the requirements of condition 28 of this permission. Thereafter the development shall be implemented in accordance with these approved details. Reason: To ensure that tree removal is adequately controlled through the provision of acceptable up-to-date information and plans. 17. The tree protection measures as set out within the ‘Arboricultural Impact Assessment & Method Statement’ revision A, dated 10 June 2025 by Treeteck Arboricultural (or any further revised version of this document) shall be fully adhered to by the developer and appointed contractor, unless otherwise agreed in writing by this Council, as Planning Authority. Any protection measures shall be implemented prior to any development commencing within that part of the site and retained until completion of that part of the development. Reason: To ensure an acceptable form of development is provided in accordance with the submitted landscape plans and tree survey, and that suitable protection is afforded to existing trees, shrubs and hedgerows. 18. The mitigation, planting and habitat establishment/management measures as set out within the supporting documents titled ‘Biodiversity Action Plan’ dated October 2024 by Envirocentre, ‘Mitigation and Biodiversity Gain Table’, ‘Biodiversity Action Plan Table (enclosing Robertson provisions/comments)’, ‘Placemaking Statement’ by EMA and associated drawings titled ‘Landscape Proposals Sheets 1 to 11’ inclusive, shall be fully implemented by the developer and/or appointed contractor, unless otherwise agreed in writing with the Council, as Planning Authority. Reason: To retain, protect and enhance biodiversity interests on the site and adjoining the site. 19. 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) Details (scaled drawings 1:100 and equipment specification schedule) of the two proposed equipped play areas, including surfacing (to be agreed in consultation with ParentAble Moray). Each play area shall include at least 6 pieces of equipment, 3 of which must be inclusive for all abilities. Sensory panels and/or instruments must also be provided in addition to the play equipment. The accessibility of the play areas, including consideration of the surfaces, slopes, paths and benches, must be suitable for all ages and abilities. All play equipment and surfacing must utilise no 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 two play areas covering the funding arrangements for the long-term delivery and upkeep, and parties responsible for these. c) Details of public artwork on the site, which shall reflect local and cultural Page 29
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associations with Thomas Telford and/or Pitgaveny’s farming legacy, including timescale for delivery. d) Details of all bench seating and litter bins to be provided on the site, including timescales for their provision. This shall include the provision of an additional five bins along the footway/cycleway around the edge of the site at locations to be agreed with the Council. e) Details of the layout of the allotments and future delivery mechanism of the allotments, including water servicing arrangements and timescale for delivery; this shall include the provision of one allotment which is wheelchair accessible and includes the provision of suitable paths and raised beds (to be detailed on a scaled plan). f) Updated landscape plans and planting schedule which replaces the proposed beech trees with an alternative appropriate species to be agreed and relocates insect hotels/log piles currently proposed adjacent to existing neighbouring boundaries (along the south-west site boundary) to open spaces within the proposed development or other suitable agreed locations. g) Phasing plan including timescales for provision of all 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. The equipped play areas shall be provided upon completion of 50% of the character area to which it relates. h) Details regarding the long-term monitoring and maintenance of 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 ‘Biodiversity Action Plan’ dated October 2024 by Envirocentre, ‘Mitigation and Biodiversity Gain Table’, ‘Biodiversity Action Plan Table (enclosing Robertson provisions/comments)’, ‘Placemaking Statement’ by EMA and associated drawings titled ‘Landscape Proposals Sheets 1 to 11’ inclusive, and include monitoring by an ecologist after 2 years and again after 5 and 10 years to assess the ecological condition of the biodiversity measures and landscaping. Subsequent adjustment of management or reseeding should follow the applicant’s ecologist’s recommendations. Thereafter the approved 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 play 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. 20. All of the measures identified in the supporting document titled ‘Findrassie, Elgin Community Wealth Building Statement’, dated November 2024 prepared by Stantec 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 Page 30
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5 years following commencement of works and upon completion of the development, unless otherwise agreed. 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. 21. Prior to commencement of development, the applicant shall submit evidence to confirm that the Roads Authority is satisfied that the supporting requirements to enable the statutory consultation process (Traffic Regulation Order(s)) for the provision of new speed limits on the B9012 and development roads to commence have been provided. Thereafter, unless otherwise agreed in writing by the Planning Authority in consultation with the Roads Authority, no houses or flats within the development shall be completed or occupied until the statutory process and all works required to implement the Traffic Regulation Order have been completed in accordance with the approved details. Reason: To ensure an acceptable development and the provision of infrastructure to manage road speeds in the interests of road safety. 22. Notwithstanding the details submitted (Drawing 15055-GOO-XX-XX-SK-C-0003 Rev P01 contained within the Transport Assessment Supplementary Information (V3)) which are not acceptable; prior to the commencement of development, details (Plans to scale 1:250 min) shall be submitted for approval in writing by the Planning Authority in consultation with the Roads Authority for the provision of off-site mitigation to address active travel and road safety including a traffic calming scheme on Hamilton Drive and active travel improvements to Lang Walk (raised pedestrian crossings at Hamilton Drive, Duncan Drive and Smith Drive). Thereafter the traffic calming and active travel improvements shall be completed in accordance with the approved details prior to completion or occupation of the first house or flat within the development. Reason: The provision of details currently lacking from the submission to ensure adequate infrastructure is provided to manage traffic speeds and improve active travel connectivity to the development in the interests of road safety and sustainable development. 23. Notwithstanding the details provided which appear to show the indicative location of cycle storage for flats (Plots 303-306, 313-316, 317-324, 350-355, 360-365), but for which no details are provided to confirm the design in terms of number of spaces, security or weather protection: prior to completion or occupation of any flat or unit within the development which requires external cycle storage, details (Plans and elevations) shall be submitted for approval in writing by the Planning Authority in consultation with the Roads Authority to confirm the design of the proposed cycle storage to demonstrate it will have sufficient capacity, be enclosed, secure and weatherproof. Thereafter, the cycle parking shall be provided in accordance with the approved details and retained and maintained for use throughout the lifetime of the development unless otherwise agreed in writing by the Planning Authority. Page 31
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Reason: Provision of details of the matters specified lacking from the submission to ensure that acceptable cycle parking infrastructure is provided. 24. Notwithstanding the details submitted on drawing FDE/ARC/013 Rev D for Plots 120-122, 154-160, 300-302, 313-316, 317-324, 303-306, 329-331, 336-341, 342- 347, 349, 349, 350-355, 356-359, 360-365, no development works shall commence until a detailed drawing (scale 1:200) has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority confirming the provision of, or location where a future Electric Vehicle (EV) charging unit(s) can be connected to an appropriate electricity supply (with a minimum output not less than 7Kw), including details (written proposals and/or plans) to confirm the provision of the necessary cabling, ducting, post or mount and consumer units capable of supporting the future charging unit; and thereafter the EV charging infrastructure shall be provided in accordance with the approved drawing and details prior to the first occupation of the house or flat it is associated with. 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. 25. Notwithstanding the details on the Fencing Layout (Drawing FDE/ARC/006 Rev H) which are unacceptable, no works shall commence until revised details (Plan scale 1:1000) have been submitted for approval in writing by the Planning Authority in consultation with the Roads Authority which reposition the proposed 900mm high stone feature entrance wall at the south eastern boundary of the village green adjacent to the distributor road carriageway a minimum of 2 metres from the edge of the carriageway. Thereafter the development shall be completed in accordance with the approved details. Reason: To ensure an acceptable form of development in the interests of road safety. 26. No works shall commence on any phase of the development until details for the construction of that phase have been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority regarding: a) A Construction Traffic Management Plan which shall include the following information: • duration of works; • construction programme; • number of vehicle movements (i.e. materials, plant, staff, components); • anticipated schedule for delivery of materials and plant; • full details of construction traffic routes from the Strategic Road Network (A941/A96) to the site, including any proposals for temporary haul routes and routes to be used for the disposal of any materials from the site (No construction traffic access via existing development to the south via Kintrae View, Birch Avenue or Greenfield Circle); • measures to be put in place to prevent material being deposited on the public road; Page 32
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• traffic management measures to be put in place during works including any specific instructions to drivers; and • parking provision, loading and unloading areas for construction traffic. And b) Any temporary construction access which shall include the following information: • a drawing (Scale 1:500 minimum) regarding the location and design specifications of the proposed access(es); • specification of the materials used for the construction access(es); • all traffic management measures required to ensure safe operation of the construction access(es); • details, including materials, for the reinstatement of any temporary construction access(es); and • details regarding the timescale for the opening up and closure of any temporary access(es) together with the time period over which the temporary access(es) will be used. Thereafter, the construction of 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, road safety and the amenity of the area/adjacent properties 27. Prior to any development works commencing: i) a plan (Scale 1:500 min) and schedule of maintenance for the B9012 site access visibility splay area shall be submitted to and approved by the Council, as Planning Authority in consultation with the Roads Authority; and ii) the visibility splay shall be provided in accordance with the approved drawing prior to any works commencing (except for those works associated with the provision of the visibility splay); and iii) thereafter, the visibility splay shall be maintained at all times free from any obstruction exceeding 0.6 metres above the level of the carriageway in accordance with the agreed schedule of maintenance. Reason: To enable drivers of vehicles entering or exiting the site to have a clear view so that they can undertake the manoeuvre safely and with the minimum interference to the safety and free flow of traffic on the public road. 28. Notwithstanding the details submitted (Sketch 1, Page 4 of the Arboricultural Impact Assessment & Method Statement (Rev A)) which indicate that several trees would be affected by the proposed bus shelter and path connections to the repositioned southbound bus stop on Duffus Road; no development shall commence until details (Plans to scale 1:500 min) have been submitted which repositions the shelter and removes the proposed path to the east in order to minimise the impact on existing trees (T123-T125). These details shall also include the rebuilding / reinstatement of the adjacent section of the existing stone dyke affected by these works, unless otherwise agreed. Thereafter the Page 33
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development shall be completed in accordance with the approved details and prior to the completion of any house or flat within the development the following shall be completed and opened to the public: • main site access onto the B9012 Duffus Road (including resurfacing over the full width of the carriageway); • northbound bus stop, crossing and path connections; • southbound bus stop and path connections; and • cyclepath connection from the site access to cyclepath at Duffus Heights. Reason: To ensure adequate infrastructure is provided to access the development in the interests of an acceptable development and road safety. 29. No house or flat located to the east of the allotments shall be completed or occupied until the road and footway connection between Kintrae View and the site access onto Duffus Road have been completed and opened to the public. Thereafter the development shall be completed in accordance with the approved details. Reason: To ensure adequate infrastructure is provided to access the development during the construction phase in the interests of an acceptable development and road safety. 30. No house or flat located to the east of the Kintrae View cyclepath connection shall be completed or occupied until the cyclepath with Kintrae View has been completed and connected to the 6-metre-wide site distributor road and opened to the public. Thereafter the development shall be completed in accordance with the approved details. Reason: To ensure adequate infrastructure is provided to access the development during the construction phase in the interests of an acceptable development and road safety. 31. 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. 32. No new 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. 33. Parking provision shall be provided and made available for use at all times to the Moray Council Parking Standards. The standards for parking as applied at Page 34
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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 supersedes or replaces the identified provisions of the development plan during the life-time 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. 34. Driveways over service verges shall be constructed to accommodate vehicles and shall be surfaced with bituminous macadam unless otherwise agreed with the Council, as Planning Authority in consultation with the Roads Authority. Reason: To ensure acceptable infrastructure is provided at the property accesses. Councillor Keith rejoined the meeting at this juncture. 9 Planning Application 25/00279/APP Residential development of 5 homes and associated road, landscaping, infrastructure and drainage, and temporary caravans for use during construction only at R6 Dallas Dhu, Mannachie Road, Forres, Moray for Mr and Mrs M Anderson The meeting had before it a report by the Appointed Officer recommending that, for reasons detailed in the report, planning permission be granted for a residential development of 5 homes and associated road, landscaping, infrastructure and drainage, and temporary caravans for use during construction only at R6 Dallas Dhu, Mannachie Road, Forres, Moray. The Committee noted that the application had been referred to Committee as it had been submitted by an Officer involved in the statutory planning process. Following his introduction, Mr Miller, Acting Principal Planning Officer advised that a late representation had been received from the Applicant which had been circulated to the Committee the previous day and advised that the points raised in the late representation had already been considered as part of the determination of the application. He advised that the conditions recommending infrastructure improvements to serve this site are considered reasonable and proportionate following advice from the Council's Transportation Service. The widening of the public road along the site frontage is a requirement of the site designation as well as the Dallas Dhu Master Plan. In relation to drainage, Mr Miller advised that surface water would be managed by a soakaway discharging to the wetland open space to the east of the site, whilst foul water will be treated on each plot via a septic tank with subsequent shared soak-away to the north west. Due to the distance from the public sewer and the presence of the high pressure gas pipeline that runs between Inverness and Aberdeen, use of septic tanks is deemed acceptable despite the site's location within the settlement boundary. There is a requirement under Moray Local Plan Policy EP13 for connection to public sewers within settlements unless this is not feasible and it is considered this has been demonstrated. Page 35
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The Chair, having considered the information in the late representation from the Applicant, moved that the Committee defer consideration of Planning Application 25/00279/APP to allow the Applicant and Officers time to consider the issues raised in the late representation. This was seconded by Councillor Dunbar. The Legal Adviser pointed out that, as stated by Mr Miller, the issues raised in the late representation had been addressed during consideration of the application and within the report and that Officer's believe that what is being asked of the Applicant is fair and equitable. Councillor Macrae, having considered the report and listened to the advice from Officers, was of the view that the Appointed Officer had sufficiently addressed the issues contained within the late representation within the report and moved that the Committee proceed to determine Planning Application 25/00279/APP. This was seconded by Councillor Keith. On a division there voted: For the Motion (2): Councillors Gordon and Dunbar For the Amendment (10): Councillors Macrae, Keith, Colyer, Coull, Cowe, Divers, Fernandes, McBain, van der Horn and Warren Abstentions (1): Councillor Gatt Accordingly, the Amendment became the finding of the Committee and it was agreed to proceed to consider Planning Application 25/00279/APP. Councillor Macrae acknowledged the extensive debate that had taken place with regard to the planning application and moved that the Committee grant planning permission in respect of Planning Application 25/00279/APP subject to the conditions listed within the report. This was seconded by Councillor Warren. Councillor McBain raised concern in relation to the apparent disproportionate cost of the road widening amongst developers as a result of the phasing of the development and moved an amendment that the Committee grant planning permission in respect of Planning Application 25/00279/APP subject to condition 9 being amended so that the cost to widen the road is equally split amongst all phases of the development. The Chair sought the agreement of the Committee to adjourn the meeting to allow this to be discussed further with Officers. This was agreed. On resumption of the meeting, the Legal Adviser advised that Councillor McBain's amendment was not competent as condition 9 is fair and reasonable and necessary on the grounds of road safety. She acknowledged the ongoing discussions taking place with the land owner and the wider infrastructure delivery plan which has to be delivered at various stages of the development however advised that it is reasonable that this provision is attached to this development. After considering the advice from the Legal Adviser, Councillor McBain agreed to withdraw his amendment. Page 36
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There being no-one otherwise minded, the Committee unanimously agreed to grant planning permission, as recommended, in respect of Planning Application 25/00279/APP subject to: i. developer obligations being secured; and ii. the following conditions and reasons: 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. The foul and surface water drainage system as detailed in the approved plans and specified in the approved Drainage Assessment (dated 5/3/25, ref. 317586) shall be provided in full and made available for use prior to the occupation or completion of the first house hereby approved (whichever is the soonest). Thereafter foul and surface water drainage for each house shall connect to the system prior to its first use or completion. Reason: To ensure timeous delivery of the approved drainage system, in the interests of flood risk. 3. No development shall commence unless a scheme detailing the timing for provision of the biodiversity and landscape measures as shown in the approved Landscape Plan & Biodiversity Statement (drawing no. 365 L(PL) 008 Rev A hereby approved). Thereafter the measures shall be provided in accordance with the approved timescales. Reason: To ensure timeous delivery of the approved landscaping and biodiversity measures. 4. Notwithstanding the provisions of the Town and Country Planning (General Permitted Development) (Scotland) Order 1992 (as amended) – or any order revoking and re-enacting that order – no development specified in Schedule 1, Part 1, Class 3E (means of enclosure and gates) shall be carried out without the approval of the Council, as Planning Authority. Reason: In the interests of the character and appearance of the development and the surrounding area. 5. 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 Page 37
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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. 6. 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, as well as measures to ensure construction waste is minimised and appropriately stored and segregated for recycling where possible. 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. 7. Prior to the first use or completion of any house hereby approved, the waste storage area as shown in the approved drawings to the north west of plot 5 shall be provided in full for use. Thereafter the waste storage area shall be maintained for use unless otherwise agreed in writing with the Council, as Planning Authority. Reason: To ensure timeous delivery of waste storage, in the interests of the character and amenity of the surrounding area. 8. 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 outwith 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 outwith the permitted construction hours. Reason: To protect local residents from noise nuisance in ensuring the construction phase is restricted within permitted hours. 9. Notwithstanding the proposed access arrangements (which are not accepted). No development shall commence until details have been submitted for approval in writing by the planning authority in consultation with the roads authority for the following works: i. Road widening of Mannachie Road (C14E) (110 metres or thereby) to provide a continuous width of 5.5 metres plus a 2 metre wide verge on the east side of Mannachie Road from the southern boundary of the site frontage onto the road northwards to the commencement of the existing 5.5m road widening together with any road tapers, transitions and alterations to the site access and roads drainage as necessary to form an Page 38
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acceptable layout. ii. A continuous 2.5 metre wide cyclepath to an adoptable standard with a 2.5 metre wide verge from the edge of the carriageway widening (to allow for any future road and cyclepath widening) on the east side of Mannachie Road. The cyclepath and verge shall extend from the southern boundary of the site frontage onto the road northwards (125 metres or thereby) to an appropriate crossing point to provide access to the existing cyclepath on the west side of Mannachie Road. Thereafter unless otherwise approved in writing by the planning authority in consultation with the roads authority no house shall be completed or occupied within the development until the works to widen the road and provide the active travel infrastructure (cyclepath) and verge have been completed in accordance with the approved details. Reason: The submission of details currently lacking or unacceptable to ensure an acceptable form of development, the provision of suitable access infrastructure on the route to the development in the interests of road safety and active travel. 10. Prior to any development works commencing: i. a detailed drawing (scale 1:500 or 1:1000 which shall also include details to demonstrate control of the land) showing the visibility splay 4.5 metres by 120 metres in both directions at the site access onto Mannachie Road (C14E) showing boundary walls/fences/hedges set back to a position behind the required visibility splay, and a schedule of maintenance for the splay area shall be submitted to and approved by the Council, as Planning Authority in consultation with the Roads Authority; ii. the visibility splay shall be provided in accordance with the approved drawing prior to any works commencing (except for those works associated with the provision of the visibility splay); and iii. thereafter, the visibility splay shall be maintained at all times free from any obstruction exceeding 0.6 metres above the level of the carriageway in accordance with the agreed schedule of maintenance. Reason: To enable drivers of vehicles entering or exiting the site to have a clear view so that they can undertake the manoeuvre safely and with the minimum interference to the safety and free flow of traffic on the public road. 11. The cycleway visibility splay (2.4 metres by 31 metres) as shown on drawing 365 L(PL)010 Rev A shall be provided in accordance with the approved drawing prior to any works commencing (except for those works associated with the provision of the visibility splay) and thereafter, the visibility splay shall be maintained at all times free from any obstruction exceeding 0.6 metres above the level of the cycleway. Reason: To enable cyclists and drivers of vehicles crossing the cycleway to have a clear view so that they can undertake the manoeuvre safely. 12. Prior to completion or occupation of any house within the development the turning area within the site shall be provided to enable vehicles to enter and exit in a forward gear. Thereafter unless otherwise approved in writing by the Page 39
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planning authority the turning area shall be maintained, kept clear of any obstructions and be available for that purpose at all times. Reason: To ensure the provision for vehicles to enter/exit in a forward gear in the interest of the safety and free flow of traffic on the public road. 13. Prior to completion or occupation of the first house hereby approved, the extent of the site access from the edge of Mannachie Road (C14E to a point 5 metres beyond the back edge of the cyclepath) shall be constructed to the Moray Council specification and surfaced with bituminous macadam and have a maximum gradient of 1:20 unless otherwise approved in writing by the planning authority in consultation with the roads authority. Reason: To enable an acceptable vehicular access is provided to the development in the interest of road safety. 14. No boundary fences, hedges, walls or any other obstruction whatsoever over 0.6 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. 15. Parking provision shall be provided and made available for use at all times to the Moray Council Parking Standards. 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 supersedes or replaces the identified provisions of the development plan during the life-time 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. 16. No development shall commence until details have been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority regarding the formation of any proposed/required construction access (which includes any temporary access) to the development from any public road. The required details shall include i. a drawing (scale 1:500 minimum) regarding the location and design specifications of the proposed access; and ii. all traffic management measures required to ensure safe operation of the construction access; and iii. details including materials and timescales for the formation and subsequent re-instatement of the land once any temporary construction access is no longer required. Page 40
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Thereafter, the works 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. 17. No works shall commence on site until details have been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority to ensure that no water or loose material shall drain or be carried onto the public cyclepath/carriageway for the life-time of the development. 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 new access. 18. The development hereby approved provides for the siting of one caravan on each plot (as per approved drawing number 365 L(PL) 006 Rev A) for a temporary period of two years (the date of which will run from the commencement of development on each plot). After the period of two years, the temporary caravan shall be removed from the respective plot and the ground reinstated to the satisfaction of the planning authority, unless otherwise agreed in writing by the Council, Planning Authority. Reason: To ensure the caravans are sited for a temporary period, in the interests of the character and amenity of the surrounding area. 10 Proposal of Application Notice - 25/00672/PAN Forres Academy, Burdsyard Road, Forres. Erect a new three-storey building comprising of 1120 pupil secondary school and additional support needs teaching facilities and community facilities with associated hard and soft landscaping, external sport provision and car parking and bus drop-off to replace existing academy at Forres Academy, Burdsyard Road, Forres. The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) informing the Committee that a Proposal of Application Notice (PAN) was submitted on 30 May 2025 on behalf of Moray Council. Following consideration, the Committee agreed to note the terms of the report and had no provisional views/relevant issues to forward to the Applicant or Consultees. 11 Proposal of Application Notice - 25/00525/PAN Part retrospective permission for construction of agricultural road initial hard rock extraction mineral processing construction of temporary junction and new planning permission for hard rock quarry processing area new access junction creation of a biodiversity buffer and associated ancillary quarry infrastructure (including but not limited to office wheel wash perimeter bunding welfare and landscaping) at Rosarie Wood, Keith, Moray Page 41
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The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) informing the Committee that a Proposal of Application Notice (PAN) was submitted on 30 May 2025 on behalf of Moray Council. During discussion, the Committee asked that the Applicant consider the following points when submitting the formal application: • Ensure proper landscaping at the front of the proposal. Thereafter, the Committee unanimously agreed: i. to note the terms of the report and asked that the following provisional views/relevant issues be recorded and forwarded to the Applicant in order to inform the development of their proposed formal application for planning permission: • ensure proper landscaping at the front of the proposal: ii. that the matters raised by the Committee also be forwarded to consultees likely to be involved in any formal application for planning permission for the proposal. 12 Proposal of Application Notice - 25/00638/PAN Erection of approx. 15,000sqm bonded warehouse at land East of Viewfield Farm, Craigellachie The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) informing the Committee that a Proposal of Application Notice (PAN) was submitted on 26 May 2025 on behalf of Caley Casks Limited. During discussion, the Committee asked that the Applicant consider the following points when submitting the formal application: • as the site is a Health and Safety notified site, ensure that there will be detailed plans on fire suppression and how this site will fall under Control of Major Accident Hazards (COMAH) regulations; • concern in relation to the use of agricultural land for this development; • concern in relation to the visual impact and scale of development which is considered not suitable for this environment; • concern in relation to noise, construction traffic and disruption; • in relation to biodiversity and the use of a greenfield site which, whilst identified as non-prime, is still a productive agricultural field, a brown field site would be more appropriate Thereafter, the Committee unanimously agreed: i. to note the terms of the report and asked that the following provisional views/relevant issues be recorded and forwarded to the Applicant in order to inform the development of their proposed formal application for planning permission: Page 42
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• as the site is a Health and Safety notified site, ensure that there will be detailed plans on fire suppression and how this site will fall under Control of Major Accident Hazards (COMAH) regulations; • concern in relation to the use of agricultural land for this development; • concern in relation to the visual impact and scale of development which is considered not suitable for this environment; • concern in relation to noise, construction traffic and disruption; • in relation to biodiversity and the use of a greenfield site which, whilst identified as non-prime, is still a productive agricultural field, a brown field site would be more appropriate ii. that the matters raised by the Committee also be forwarded to consultees likely to be involved in any formal application for planning permission for the proposal. 13 Performance Report (Economic Growth and Development - Planning) - Period to March 2025 The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) asking the Committee to scrutinise performance in areas of Service Planning, Service Performance and other related data to the end of March 2025 and note actions being taken to improve performance where required. Following consideration, the Committee unanimously agreed to note: i. performance in areas of Service Planning, Service Performance and other related data to the end of March 2025; ii. actions being taken to improve performance where required. 14 Economic Growth and Development Services Service Plan 2025-28 The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) inviting the Committee to consider the Economic Growth and Development Services Service Plan for 2025-28, noting that the Service Plan was considered at the Economic Development and Infrastructure Services Committee on 17 June 2025. Following consideration, the Committee unanimously agreed to approve the Service Plan for the priority areas relating to Planning and Regulatory Services included in the Economic Growth and Development Service Plan as set out in Appendix 1 of the report. 15 Development Management Planning Fees Update Councillor van der Horn left the meeting during discussion of this item. Page 43
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The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) asking the Committee to note the changes to planning fees and possible additional sources of planning fee income. Following consideration, the Committee agreed: i. to note that to appeal a planning decision, or even to appeal against conditions imposed upon a planning decision will now attract a fee payable to the local authority or Scottish Government Directorate for Planning and Environmental Appeals; ii. to note that planning fees have increased by 3.3% since 2024 to address increasing inflation, and that the council can expect fees to increase annually in line with inflation; iii. to note that the new Masterplan Consent Areas (MCAs) will see the Council, as Planning Authority, monitor the mechanisms, procedures and fee structure of MCA’s brought forward in other local authority areas where they are being considered, and that officers will in due course prepare a procedure and fee structure once lessons have been learned nationally about their implementation; and iv. that until such time as officers formalise a fee structure delegated authority be granted to Head of Economic Growth and Development in the interim (in the event an MCA is submitted) to charge a fee equivalent to the relevant planning application fee commensurate to the development proposed. 16 Enforcement Case Regarding Unauthorised Development Near Craigellachie [Para 12] The meeting had before it a report by the Depute Chief Executive (Economy, Environment and Finance) asking the Committee for authority to take direct action to remedy a breach of planning control near Craigellachie. Following detailed consideration, the Committee unanimously agreed to: i. note the expediency of taking Direct Action to remove the unauthorised dwelling and remediate the site; ii. delegate to Officers the procurement, appointment and co-ordination of a successful contractor to clear the site, with a maximum cost of £35,000 which the council will seek to recover from the developers. Page 44
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GUIDANCE NOTE PRODUCED FOR PLANNING AND REGULATORY SERVICES COMMITTEE MEETING OF 21 OCTOBER 2025 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 45
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WARD 02_17 24/00617/EIA 22nd April 2024 Erect four wind turbines three of which are up to 180m to blade tip height and one up to 149.9m blade tip height, associated and ancillary infrastructure, includes hardstanding areas for each turbine location, onsite access tracks, an electrical substation and buried cables, temporary laydown areas and a temporary construction compound on Land at Cairds Wood Moray for EDPR Comments: • A site visit has been carried out. • The appointed officer considers the matter raises matters of wider community interest and/or planning significance by virtue of the scale or height of the turbines. • Advertised under the Environmental Impact Regulations. • Advertised for neighbour notification purposes - notification not possible because no premises situated on land to which notification can be sent. • Three representations have been received and considered; two within the statutory neighbour notification period, and one received outwith the statutory period. Procedure: • None. Recommendation Grant Planning Permission – subject to the following: Conditions/Reasons Length of planning permission 1. Unless otherwise agreed in writing with the planning authority, the permission hereby granted shall endure for a period no longer than 40 years from the date of final commissioning, after which the development shall cease to export electricity to the national grid and shall be decommissioned in accordance with the details otherwise approved elsewhere within this planning permission. The date of final Item 5. Page 47
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commissioning shall be as informed to the planning authority in writing or 18 months from the date of this planning permission, whichever is the sooner. Reason: To avoid uncertainty and ensure that the permission is implemented within a reasonable period, and to allow the planning authority to monitor compliance with the other conditions imposed. Expiry of planning permission 2. This planning permission will lapse on the expiration of a period of five years from the date of this planning permission, unless the development has been started within that period. Reason: To apply a reasonable time limit for the implementation of the planning permission. Turbine details 3. No turbines shall be erected on the site until the definitive type/model of all turbines including details of the hub height, blade length and blade tip height, external finishes and colour, together with any further assessments as may be required in order to demonstrate to the reasonable satisfaction of the planning authority that the turbines conform to the impacts of the candidate turbine assessed in the EIA report, have been submitted to and approved in writing by the planning authority. The approved details shall be implemented. Furthermore:- a) all wind turbine blades shall rotate in the same direction; b) no part of the development shall display any name, logo, sign or other advertisement other than as specified in the application, unless approved in advance in writing by the planning authority or if required by law; and c) the wind turbines shall be constructed and operated in accordance with the approved details and shall be maintained in the approved colour, free from external rust, staining or discolouration, until such time as the development is decommissioned. Reason: To ensure that the environmental impacts of the turbines forming part of the development conform to the impacts of the candidate turbine assessed in the EIA report and in the interests of the visual amenity of the area. Substation 4. No construction of the substation shall commence until final details of the external appearance, dimensions, surface materials and boundary treatment of the substation including the means of foul water disposal and water supply have been submitted to and approved in writing by the planning authority. The sub-station (including associated infrastructure) shall thereafter be constructed in accordance with the approved details. Reason: To ensure that the environmental impacts of the sub-station forming part of Page 48
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the development conform to the impacts assessed in the EIA report and in the interests of visual amenity. Transportation Matters 5. Prior to commencement of deliveries to site, the proposed route for any abnormal loads on the trunk road network must be submitted to and approved by the Planning Authority, in consultation with Transport Scotland as the trunk roads authority. Reason: To minimise interference and maintain the safety and free flow of traffic on the Trunk Road as a result of the traffic moving to and from the development. 6. Prior to the movement of any abnormal load, any accommodation measures required on the trunk road network, including the removal of street furniture, junction widening and traffic management must be approved and implemented to the satisfaction of the Planning Authority, in consultation with Transport Scotland. Reason: To minimise interference and maintain the safety and free flow of traffic on the Trunk Road as a result of the traffic moving to and from the development. 7. Prior to the movement of any components and/or construction materials, any additional signing or temporary traffic control measures deemed necessary on the trunk road network due to the size or length of any loads being transported must be undertaken by a recognised QA traffic management consultant, to be approved by Transport Scotland. Reason: To ensure that the transportation of any components/materials will not have any detrimental effect on the road and structures along the route. 8. Prior to commencement of any abnormal deliveries to site, any Construction Traffic Management Plan shall include swept path analysis to ensure these can be transported along the trunk road network safely. The complete report shall detail any accommodation measures required including the temporary removal of street furniture, junction widening, traffic management etc. and show that the transportation will not have any detrimental effect on structures within the route path. Reason: To minimise interference and maintain the safety and free flow of traffic on the Trunk Road as a result of the traffic moving to and from the development. 9. No development shall commence until: i. a detailed drawing (scale 1:500 or 1:1000 which shall also include details to demonstrate control of the land through evidence of ownership or provision of third party agreement.) showing the visibility splay 4.5 metres by 215 metres at both directions onto the B9115 Drummuir - Turfhillock - Newtack Road (including the 215m forward sightline for the vehicles travelling westbound and assessment of vertical road alignment) with all boundaries set back to a position behind the required visibility splay, and a schedule of maintenance for Page 49
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the splay area has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority; and ii. thereafter the visibility splay shall be provided in accordance with the approved drawing prior to any works commencing (except for those works associated with the provision of the visibility splay); and iii. thereafter the visibility splay shall be maintained at all times free from any obstruction exceeding 0.6 metres above the level of the carriageway in accordance with the agreed schedule of maintenance. Reason: To enable drivers of vehicles leaving/entering the site to have a clear view over a length of road sufficient to allow safe exit/entry, in the interests of road safety for the proposed development and other road users. 10. No development shall commence until: i. a detailed drawing (scale 1:500 or 1:1000 which shall also include details to demonstrate control of the land through evidence of ownership or provision of third-party agreement.) showing the visibility splay 4.5 metres by 90 metres at both directions onto the Blackhillock Road (U43H) with all boundaries set back to a position behind the required visibility splay, and a schedule of maintenance for the splay area has been submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority; and ii. thereafter the visibility splay shall be provided in accordance with the approved drawing prior to any works commencing (except for those works associated with the provision of the visibility splay); and iii. thereafter the visibility splay shall be maintained at all times free from any obstruction exceeding 0.6 metres above the level of the carriageway in accordance with the agreed schedule of maintenance. Reason: To enable drivers of vehicles leaving/entering the site to have a clear view over a length of road sufficient to allow safe exit/entry, in the interests of road safety for the proposed development and other road users. 11. No development shall commence until a Construction Traffic Management Plan (CTMP) has been submitted to an agreed in writing by the Planning Authority in consultation with the Council Roads Authority and Transport Scotland. Thereafter the development shall be carried out in accordance with the agreed CTMP at all times. For the avoidance of doubt the CTMP shall include as a minimum the following information: • duration of works; • construction programme; • number of vehicle movements on each construction traffic route by daily/weekly/monthly frequency broken down by vehicle type/size and expected construction traffic generation during the peak construction periods are required as opposed to the average traffic generation over a period of time (i.e. materials, plant, staff, components); Page 50
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• schedule for delivery of materials and plant; • parking provision, loading and unloading areas for construction traffic; • full details of temporary arrangements to safeguard pedestrian movements during the construction period; • full details of any temporary access; • measures to be put in place to prevent material being deposited on the public road; • traffic management measures to be put in place during works including any specific instructions to drivers; • full details of construction traffic routes from/to the site, including any proposals for temporary haul routes and routes to be used for the disposal of any materials from the site; (The section of the section of B9115 from the site to Drummuir and Rosehall Road (U43aH) must not be used by HGV construction traffic associated with the proposed development); and • a programme of monitoring for all routes identified within the CTMP during construction will be required. Reason: To ensure an acceptable form of development in terms of the arrangements to manage traffic during construction works at the site. 12. No development shall commence until evidence of a satisfactory Wear and Tear Agreement has been submitted to and agreed in writing by the Planning Authority in consultation with the Roads Authority. The scope of the Wear and Tear Agreement shall be agreed with the Planning Authority in consultation with the Roads Authority and shall include a condition survey of the network undertaken jointly by the developer and a representative from the Council. The survey shall include the full extent of the agreed construction traffic route(s) (within Moray) between the site and the ‘A’ class road network. In addition, the wear and tear agreement shall also include condition surveys of all roads identified as ‘unsuitable’ which must be agreed with the Planning Authority in consultation with the Roads Authority as a part of condition ‘11’ above. Reason: To mitigate the potential risks from damage to the public road occurring during the construction phase of the development. 13. No development shall commence until evidence of a financial guarantee or bond or suitable equivalent and a Wear and Tear Agreement have been put in place to ensure the repair of the public road serving the site in the event that the road is not maintained in a safe condition during the construction phase of the development and to restore the road to its pre-development condition within 1 year of the development becoming operational has been submitted to and agreed in writing with the Council, as Planning Authority. For the avoidance of doubt the agreement shall cover the length of the B9115 from A96 to site access and Blackhillock Road (U43H) from A96 to site access as a minimum and all roads identified as ‘unsuitable’ as in condition ‘11’ above. Reason: To mitigate the potential risks from damage to the public road occurring Page 51
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during the construction phase of the development. 14. Prior to the commencement of any part of the development, the following must be submitted for approval by the Planning Authority: a) Detailed proposals for undertaking trial runs and also delivery of abnormal indivisible loads, must be submitted for approval by the Planning Authority in consultation with Roads Authority. Details must include, measures proposed to protect the public road and structures, traffic management (including temporary waiting restrictions), vehicle holding areas and non-vehicular management during deliveries, time restrictions for deliveries i.e. outwith school arrival and departure times. b) Detailed plans (1:200 min) of all works to accommodate the proposed abnormal indivisible deliveries must be submitted and approved by the Planning Authority in consultation with the Roads Authority. c) Details of an Assessment of the adequacy of the existing passing places along the B9115 Drummuir - Turfhillock - Newtack Road and Blackhillock Road (U43H) Road for the increased HGV construction traffic, including the distances between the existing passing places. The assessment should identify the improvements required for the existing passing places to provide a passing width of 6m over a 20m length with 10 metre tapers at each end. Third party land may be required to meet the required standard. Adjacent Passing places should be intervisible and have a maximum spacing not exceeding 150m. d) Detailed plans (1:200 min) of all temporary and permanent works proposed to the public road (based on the details of part ‘b’ and ‘c’ above of this condition) must be submitted and approved by the Planning Authority in consultation with the Roads Authority. e) Detailed plans (1:200 min) of all forestry clearance works related to the proposed wind farm development project along with the full details of the routes used for the timber traffic and associated enabling works must be submitted and approved by the Planning Authority in consultation with the Roads Authority. f) Details of an assessment of the structural integrity of the road pavement to demonstrate that the selected roads are capable of sustaining the level of development traffic generated during construction. The assessment should identify any strengthening and/or improvements where required for the existing road pavement to accommodate the anticipated construction traffic. g) Details of the proposals to promote a short-term Road Traffic Regulation Order allowing the introduction of a One - Way system for the triangular area incorporating the B9115 / C75H (Marypark Edintore Road) h) Notwithstanding the details submitted which are not accepted, classified traffic surveys over a 4-week period will be required for a neutral period out- with school/public holidays prior to development commencing. The counts will be required at locations to be agreed with Moray Council Transportation (Traffic) on the B9115 Drummuir - Turfhillock - Newtack Road and Blackhillock Road (U43H). i) Details of proposed CCTV camera system which will be implemented at the site entrance (B9115) to monitor adherence to the designated construction route. Page 52
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Thereafter, the development shall be completed in accordance with the approved details. Reason: To ensure an acceptable development in road safety terms through the provision of details currently lacking from the submission. 15. Prior to the commencement of construction and deliveries; a) The proposed new vehicular access on to the B9115 shall be developed to accommodate vehicle swept paths and have a maximum gradient of 1:20 measured for the first 5.0m from the edge of the public carriageway. The first 15 m of the access track, measured from the edge of the public road, shall be constructed to the Moray Council specification and surfaced with bituminous macadam. The additional temporary widening area should only use during the AILs deliveries and should be protected by an agreed barrier system to avoid entering other vehicles and to protect the edge of the road. b) A 35 metre length of hot rolled asphalt shall be provided on the B9115 (10 metres to the left (west) and 25 metres to the right (east) of the centreline of the new junction) and the B9115 should be widened to at least 6 metres over the length of the hot rolled asphalt section of the road at the new access junction including appropriate tapers, so that the delivery/construction vehicles do not have to overrun the verges when negotiating at the access junction. c) All suspensive works approved through condition (9 to 14 inclusive), must be completed in accordance with the approved plans. Any works undertaken are to be permanent for the duration of the operation of the development unless otherwise agreed in writing with the Roads Authority. Thereafter, the development shall be completed in accordance with the approved details. Reason: The provision of details currently lacking and in order to ensure that acceptable infrastructure is provided on the route to/from the development in the interests of road safety. 16. Prior to any abnormal indivisible load being delivered to the site: a) All suspensive works approved through conditions (9 to 15 a) and b) inclusive), must be completed in accordance with the approved plans. Any works undertaken are to be permanent for the duration of the operation of the development unless otherwise agreed in writing with the Roads Authority. b) Abnormal load trial run(s) must be undertaken after all mitigation works have been completed to confirm the works are acceptable and to identify any other restrictions not previously addressed and the frequency and location of abnormal load passing places/oncoming vehicle holding areas required. Representatives from Moray Council Transportation (Traffic), and Police Scotland must be invited to the trial run. Thereafter, the development shall be completed in accordance with the approved Page 53
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details. Reason: To ensure that acceptable infrastructure is provided on the route to/from the development in the interests of road safety. 17. No water shall be permitted to drain or loose material be carried onto the public footway/carriageway. 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 new access. 18. Any existing ditch, watercourse or drain under the site access shall be piped using a suitable diameter of pipe, agreed with the Roads Maintenance Manager (300mm minimum). The pipe shall be laid to a self-cleansing gradient and connected to an outfall. Reason: To ensure the construction of an acceptable access in the interests of road safety and effective drainage infrastructure. 19. Prior to the commencement of construction and deliveries, a finalised Site-Specific Route Access Report and Construction Traffic Management Plan in respect of construction traffic that would affect the Aberdeenshire Road networks shall be submitted to and agreed by Moray Council, in consultation with the Aberdeenshire Council Structures Section. Thereafter, the development shall be completed in accordance with the approved details. Reason: To ensure an acceptable development in road safety terms on the Aberdeenshire Road network through the provision of details that are currently lacking from the submission. Archaeology 20. No works in connection with the development hereby approved shall commence unless a site protection plan has been submitted to and approved in writing by the planning authority. Site protection measures shall be shown on a layout plan accompanied by descriptive text and shall include: a) The location of the historic environment features to be protected during construction works; and b) The position and details of the warning signs and protective fencing to be erected. No works in connection with the development hereby approved shall commence unless the site protection measures have been implemented in full in accordance with the approved details. All protective fencing and warning signs shall be retained during the construction period in accordance with the approved details and no works Page 54
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shall take place at any time within the protected areas. Reason: In the interests of protecting known features of the historic environment. 21. 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 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. Scottish Gas Network 22. The development shall be implemented in accordance with the notification and mitigation requirements agreed between Scotland Gas Networks and the Developer, as contained within the revised Scotland Gas Network consultation response letter dated 17 December 2024. Reason: To allow for alternating current (AC) interference issues to be investigated if necessary and mitigated to protect SGN infrastructure. Scottish & Southern Electricity Networks 23. No development shall commence until a finalised Construction Traffic Management Plan (CTMP) has been submitted to and approved in writing by the Council, as Planning Authority in consultation with Scottish & Southern Electricity Networks Transmission. Thereafter, the development shall be implemented in accordance with these approved details. Reason: To ensure that construction traffic associated with the development is effectively managed and will not adversely impact the access road which is required by SSEN Transmission to access the Blackhillock substation at all times. 24. No development shall commence until a Scheme detailing interference mitigation works has been submitted to and approved in writing by the Council, as Planning Authority in consultation with Scottish & Southern Electricity Networks (SSEN). This Scheme shall encompass all the agreements contained within the mitigation agreement letter, signed by both SSEN and the Developer, dated 11 July 2025, Page 55
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submitted to the Council by SSEN. Thereafter, the approved Scheme of Mitigation shall be implemented in accordance with these approved details. Reason: To ensure that the identified mitigation is carried out in accordance with the approved details to protect Scottish & Southern Electricity Networks (SSEN) operational telecoms asset. Aviation Safety 25. No wind turbine shall be erected unless and until an Air Traffic Control Radar Mitigation Scheme to address the impact of the wind turbines upon air safety has been submitted to and approved in writing by Moray Council in conjunction with the Ministry of Defence (MOD). The Air Traffic Control Radar Mitigation Scheme (ATCRMS) is a scheme designed to mitigate the impact of the development upon the operation of the Air Traffic Control Radar System(s) used by RAF Lossiemouth (“the Radar”) and the air traffic control operations of the MOD which are reliant upon the Radar. The ATCRMS shall set out the appropriate measures to be implemented to mitigate the impact of the development on the Radar and shall be in place for the lifetime of the development provided the Radar remains in operation. The development shall be implemented strictly in accordance with the details set out in the approved ATCRMS. Reason: To maintain aviation safety. 26. No wind turbine erected as part of this development shall be permitted to rotate its rotor blades about its horizontal axis, other than for the purpose of testing radar mitigation for this development for specific periods as defined in the approved Air Traffic Control Radar Mitigation Scheme (ATCRMS) or otherwise arranged in accordance with provisions contained in the approved ATCRMS, until: a) those mitigation measures required to be implemented prior to any wind turbine being permitted to rotate its rotor blades about its horizontal axis as set out in the approved ATCRMS have been implemented; b) any performance criteria specified in the approved ATCRMS and which the approved ATCRMS requires to have been satisfied prior to any wind turbine being permitted to rotate its rotor blades about its horizontal axis have been satisfied and Moray Council, in conjunction with the Ministry of Defence, have confirmed this in writing. Thereafter the development shall be operated strictly in accordance with the details set out in the approved ATCRMS for the lifetime of the development, provided the Radar remains in operation. Reason: To maintain aviation safety. 27. Prior to commencing construction of any wind turbine generators, anemometry Page 56
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masts, or deploying any construction equipment or temporal structure(s) 50 metres or more in height (above ground level) the undertaker must submit an aviation lighting scheme for the approval of Moray Council in conjunction with the Civil Aviation Authority and the Ministry of Defence defining how the development will be lit throughout its life to maintain civil and military aviation safety requirements as required under the Air Navigation Order 2016 and, or, determined necessary for aviation safety by the Ministry of Defence and, or, as directed by the Civil Aviation Authority. This should set out: a) Details of any construction equipment and temporal structures with a total height of 50m or greater (above ground level) that will be deployed during the construction of wind turbine generators and details of any aviation warning lighting that they will be fitted with. b) the locations and heights of all wind turbine generators in the development identifying those that will be fitted with aviation warning lighting identifying the position of the lights on the wind turbine generators; the type(s) of lights that will be fitted and the performance specification(s) of the lighting type(s) to be used. Thereafter, the undertaker must exhibit such lights as detailed in the approved aviation lighting scheme. The lighting installed will remain operational for the lifetime of the development. Reason: To maintain aviation safety. 28. The undertaker must notify the Ministry of Defence, at least 14 days prior to the commencement of the works, in writing of the following information: a) the date of the commencement of the erection of wind turbine generators and anemometer masts; b) the maximum height of any construction equipment to be used in the erection of the wind turbines; c) the date any wind turbine generators are brought into use; d) the latitude and longitude and maximum heights of each wind turbine generator, and any anemometer mast(s). The Ministry of Defence must be notified of any changes to the information supplied in accordance with these requirements and of the completion of the construction of the development. Reason: To maintain aviation safety. 29. No turbine shall be erected until a Primary Radar Mitigation Scheme (PRMS) agreed with the Operator has been submitted to and approved in writing by the planning authority in order to mitigate the impact of the development on the Primary Radar Installation at Perwinnes and the associated air traffic management operations. Reason: To maintain aviation safety. Page 57
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30. No turbine shall be erected unless and until the approved Primary Radar Mitigation Scheme has been implemented and the development shall thereafter be operated fully in accordance with such an approved Scheme. Reason: To maintain aviation safety. Reduced lighting scheme 31. Unless otherwise agreed in writing with the planning authority, prior to development commencing, a report detailing investigations into a reduced lighting scheme including an assessment of the potential for installation of an Aircraft Detection Lighting System (“ADLS”), with a statement setting out current and anticipated regulatory environment in relation to ADLS (or evidence of why this cannot be achieved), must be submitted to and approved in writing by the planning authority, in consultation with the Ministry of Defence and the Civil Aviation Authority. Thereafter the lighting scheme must be implemented in accordance with the approved scheme. Reason: To ensure that only the minimum necessary lighting requirement are developed and to allow for further consideration of the lighting proposals. Private Water Supply Management Plan 32. No development shall commence until a Private Water Supply Management Plan prepared by a suitably qualified professional has been submitted to and agreed by the Planning Authority. The plan shall include the mitigation identified in the EIA chapter 9 and the addition of Water Testing records as detailed in correspondence dated 13.09.24 from Greencat Renewables author Ciara Morton. In the event that the wholesomeness or adequacy of any private water supply becomes affected by construction activity, all users of such supplies and Environmental Health Manager of Moray Council must be contacted to discuss remediation measures as a priority. Thereafter repair of any affected private water supply must be carried be to the satisfaction of the Council as Planning Authority in consultation with the Environment Health Manager. The Council shall be the final arbiter whether any supply has been affected by this development. Reason: In order to safeguard the and maintain the wholesome provision of any private water supply affected by the development. Forestry 33. Prior to the commencement of the development or any tree felling on the site, a Compensatory Planting Plan (CP) detailing the provision of 18.63ha of tree planting shall be submitted to and approved in writing by the Council, as Planning Authority in consultation with Scottish Forestry. The CP must provide full details of the proposed planting, including its maintenance over the entire life-span of the development and include the following information: a) The CP Plan must be prepared and delivered by qualified and experienced Page 58
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professionals, such as a chartered forester, responsible for both felling and compensatory planting. b) The 18.63 ha CP area must be clearly mapped and described and located in Moray. c) Any necessary statutory consents for implementing the CP must be identified and provided. d) A UKFS v5 compliant silvicultural plan must be submitted with maps, covering site preparation, planting method, species selection with proven site suitability and provenance, stocking density, maintenance, and long-term protection. e) CP must be completed within five years of woodland removal or two years of development completion, whichever is earlier. A maintenance plan and timeline must also be included, with establishment within the enforcement period. f) A qualified professional (e.g. chartered forester) must inspect the CP at Years 1, 5, and 10, report to the Planning Authority, and confirm the woodland is properly established and maintained. g) Restocking must occur within two years of woodland removal or associated development completion. Extensions are only permitted if justified by the Hylobius Decision Support System, but never beyond five years. Reason: To mitigate the effects of the development on woodland and ensure provision of satisfactory compensatory planting. 34. Prior to the commencement of the development or any tree felling on the site, a revised felling and restocking strategy shall be submitted to and approved in writing by the Council, as Planning Authority in consultation with Scottish Forestry. The revised strategy must include the following information: a) Improvements shall be made to the design of the forestry on the development site with this focused on external margins which are currently angular with a poor fit to landform. These shall incorporate the addition of broadleaved planting to soften abrupt edges. b) The proportion of broadleaves within the forest shall be increased to at least match the hectarage in the baseline Forest Plan. c) Details of efforts made by the developer to include additional broadleaved planting on adjoining farmland, if possible and in agreement with appropriate parties, with this connecting to new broadleaved planting within the productive forest to enhance biodiversity in line with the requirements of NPF4 Policy Policy 3 Biodiversity (which aims to deliver positive effects from development) and Policy 11 (particularly ix and xii which relates to mitigation and the quality of restoration plans) and also to improve wider landscape character. Reason: To mitigate the effects of the development on wider landscape character, ensure provision of a revised satisfactory felling and restocking plan and enhance biodiversity. Mitigation 35. No development shall commence until a Schedule of Mitigation has been submitted Page 59
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to and approved in writing by the Planning Authority. This Schedule shall encompass a list of all mitigation measures from the EIA Report, any other commitments made by the applicant and all relevant mitigation secured by conditions attached to this permission with defined timescales for implementation of each mitigation measure. Thereafter, the approved Schedule of Mitigation shall be implemented in full unless otherwise approved in writing by the Planning Authority. Reason: To ensure that the identified mitigation through the EIA Report is carried out in accordance with the approved details. Environmental Clerk of Works 36. No development shall commence until the terms of the appointment of a suitably qualified, experienced, and independent Ecological Clerk of Works (“ECoW”) by the applicant have been submitted to, and approved in writing by, the Planning Authority. The terms of appointment shall: i) impose a duty to monitor compliance with the ecological and hydrological commitments provided in the mitigation identified in the EIA Report and the Schedule of Mitigation approved under condition 35; any micro-siting approved under condition 41, the Construction Environmental Management Plan approved under condition 40; the habitat management plan approved under condition 38; and any species protection plans approved under condition 40; ii) require the ECoW to report to the developer's nominated construction project manager and the planning authority any incidences of noncompliance with the mitigation measures referred to at i) above at the earliest practical opportunity and no later than 5 working days following the incidence of non-compliance; iii) require the ECoW to direct the micro-siting and placement of the turbines, buildings, tracks, hardstanding, and other ancillary infrastructure in accordance with the micro-siting condition; iii) require the ECoW to submit a quarterly report to the Planning Authority summarising works undertaken on site; and iv) require the ECoW to advise on adequate protection of nature conservation interests on the site and be responsible for checks for protected species before and during construction. The ECoW shall be appointed on the approved terms prior to the commencement of development, throughout any period of construction activity and during any period of post construction restoration works. Reason: To secure effective monitoring of and compliance with the environmental mitigation and management measures associated with the development. Environmental Clerk of Works (Decommissioning) 37. No later than six months prior to decommissioning of the development or the expiration of this permission (whichever is the earlier), details of the terms of appointment of an independent environmental clerk of works throughout the Page 60
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decommissioning, restoration and aftercare phases of the development shall be submitted in writing to the planning authority for approval in writing. The environmental clerk of works shall be appointed on the approved terms throughout the decommissioning, restoration and aftercare phases of the development. Reason: To secure effective compliance with the environmental mitigation and management measures associated with the development during decommissioning. Habitat Management Plan and Biodiversity Enhancement 38. Prior to the commencement of development and further to the mitigation and enhancement contained within the Outline Habitat and Biodiversity Enhancement Management Plan (Appendix 6.4) and associated supplementary information hereby approved, the following must be submitted to the planning authority for approval in writing: - a) An updated Habitats and National Vegetation Classification (NVC) Survey and Outline Biodiversity Enhancement and Management Plan (OBEMP), incorporating additional enhancement outwith the development site to strengthen habitat connectivity. b) A detailed Habitat Management and Monitoring Plan (HMMP), as referred to in Chapter 6 of the EIA Report. This shall set out proposed habitat management of the site during the period of construction, operation, and decommissioning, restoration and aftercare, and shall provide for the maintenance, monitoring and reporting of habitat on site. This shall provide provision and details for regular monitoring and review to be undertaken against the HMMP objectives and reasonable measures for securing amendments or additions to the HMP in the event that the HMMP objectives are not being met. The approved OBEMP and HMMP shall be implemented in full, unless otherwise agreed in advance in writing by the Planning Authority. Reason: In the interests of the protection of the habitats of those species identified in the EIA Report and provision of biodiversity enhancement and to minimise potential impacts on flora and fauna. Drainage 39. Unless otherwise agreed with the planning authority in writing, a finalised drainage impact assessment, showing the following must be submitted to and approved in writing by the planning authority (in consultation with Moray Flood Risk Management Team) prior to completion of all water crossing(s) and turbine foundation pads. The drainage impact assessment should be based upon the designed drainage mitigation contained in Chapters 9 of the EIA report and detail the following: a) plans submitted with the definitive track and turbine pad layout of the drainage system for both the construction phase and the final site layout once micro- siting allowances have been made; b) the drainage system should be designed to a 1:30 year return period (including 37% climate change), without surcharging, if attenuation is used the system Page 61
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must drain completely within 24 hours; c) demonstrate that the post development run-off rate does not exceed the predevelopment run-off rate, or increase the risk of flooding to the surrounding land; and d) confirm that drainage is not redirected to allow surface water draining from one catchment to drain into a different catchment either at construction phase or completion. Reason: To ensure all the necessary flood prevention measures are in place and to ensure that protection of the water environment is maintained throughout the construction, operation and decommissioning of the development. Construction Environmental Management Plan 40. No development shall commence until a Construction and Environmental Management Plan (CEMP), containing site specific details of all on-site construction works, post-construction reinstatement, drainage and mitigation, together with details of their timetabling, has been submitted to, and approved in writing by, the Planning Authority, in consultation with the Environmental Health Manager. The CEMP shall be informed by the site and ground investigation works and best practice. The CEMP shall provide: a) A site waste management plan (dealing with all aspects of waste produced during the construction period), including details of contingency planning in the event of accidental release of materials which could cause harm to the environment, evidencing all proposals comply with SEPA’s guidance and the requirements of the waste management licensing regime as appropriate; b) Details of the location, layout, formation of the construction compound, welfare facilities, any areas of hardstanding, turning areas, internal access tracks, car parking, material stockpiles, oil, fuel and chemical storage, lighting columns, and any construction compound boundary fencing required for the construction period; c) A dust management plan detailing all mitigation/dust suppression measures intended to reduce the impacts of dust on site, including measures to reduce dust on roads; d) Site specific details for management and operation of any concrete batching plant (including disposal of pH-rich waste water and substances); e) Details of measures to be taken to prevent loose or deleterious material being deposited on the local road network including wheel cleaning and lorry sheeting facilities, and measures to clean the site entrances and the adjacent local road network; f) A Pollution Prevention and Incident Plan incorporating a Pollution Prevention Plan, Pollution Incident Plan and a Pollution Control Monitoring Plan, this shall provide measures to protect watercourses, groundwater, management of natural surface hydrological flows (flushes, springs, etc.) and protection of soils, arrangements for the storage and management of oil and fuel and other chemicals on the site and sewage disposal and treatment; g) Details of soil storage and management including outline quantities, locations Page 62
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(other than peat and other carbon rich soils) management of long term storage of construction generated to facilitate future site restoration; h) A drainage management strategy, demonstrating how all surface and waste water arising during and after construction is to be managed and prevented from impacting on the water environment and to mitigate flood risk; i) A surface water and groundwater management and treatment plan, including details of the separation of clean and dirty water drains, and location of settlement lagoons for silt laden water; j) Details of temporary site illumination, including measures to ensure light spill/pollution is minimised and avoids habitats within the site and does not extend beyond the immediate working area, and not beyond the site boundary; k) Protected Species Plan. The Plan shall be informed by otter, badger, water vole, red squirrel, wild cat and breeding bird surveys (for construction works within the breeding bird season) carried out by a suitably qualified person. The surveys shall inform the mitigation measures required to protect these protected species during construction of the Development. The Plan shall provide mitigation measures, as required, and a timetable for implementation. l) Site-specific Construction Method Statements for the following: i. crane pads; ii. turbine foundations; iii. working cable trenches; iv. erection of the wind turbines; v. Substation compound formation, erection of associated buildings and ancillary infrastructure; vi. watercourse crossings including full details and plans of the design and specification of all new and upgraded watercourse crossings to be constructed, ensuring continuous flow and fish passage with no hanging culverts, noting all crossings shall be oversized bottomless arched culverts or traditional style bridges; m) Details of post-construction restoration/reinstatement of the working areas not required during the operation of the development; n) A Construction Noise Management Plan including details of the management of noise and vibration during construction and post-construction restoration, including that caused by construction traffic, to the lowest practicable levels and in accordance with BS 5228:2009 “Code of Practice for noise and vibration control on construction and open sites – Part 1: Noise and Part 2: Vibration” (or any updated version/document which superseded this document) and how any properties likely to be affected by construction noise will be kept informed; o) Construction Method Statements for all roads/tracks to be altered/formed within the development site including their width, likelihood of widening or passing places, means of drainage (which shall have regard to SUDS principles), means of construction, and edge reinstatement including verge width. The specification shall be accompanied by relevant plans at a scale sufficient; p) The cable trenches; q) A phasing plan for the construction works; and r) A written scheme which details the methodology for dealing with any revisions to any of the documents required under this part (3). Any revised documents Page 63
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will require to be submitted to and approved in writing by the Planning Authority prior to the revisions being implemented on site. Thereafter, the development shall be implemented in accordance with the CEMP approved under this condition unless otherwise approved in advance in writing by the Planning Authority. Reason: To ensure that all construction operations are carried out in a manner that minimises their impact on road safety, amenity and the environment, and that the mitigation measures contained in the EIA Report accompanying the application, or as otherwise agreed, are fully implemented. Micro-siting 41. All wind turbines, buildings, areas of hardstanding and tracks shall be constructed in the locations shown in drawing C4221 (P) 101 Rev A - Site Layout. The location of the wind turbines, compounds, areas of hardstanding and tracks may be varied (micro- sited) within the site subject to the following, unless otherwise approved in advance in writing by the planning authority: i) no wind turbine, building, mast, tracks, hardstanding or other ancillary infrastructure shall be moved more than 50 metres from the position shown within the drawing C4221 (P) 101 Rev A - Site Layout. If any micro-siting is sought, it must first be approved in writing by the planning authority (in consultation with the Ministry of Defence – Safeguarding and NATS). ii) all micro-siting permissible under this condition must be approved in advance in writing by the appointed ECoW. iii) for any micro-siting of turbines which results in an increase in altitude of more than 5m from the approved position, a prior request for approval in writing must be made to the planning authority (in consultation with the Ministry of Defence, Safeguarding and NATS). Such a request must be accompanied by an updated and comparative ZTV plan and wireline montages as required by the planning authority. No such micro-siting can take place without the written approval of the planning authority. No later than two months after the date of final commissioning, an updated site plan shall be submitted to the planning authority showing the final position of all wind turbines, areas of hardstanding, tracks and associated infrastructure forming part of the development. The plan must also specify areas where micro-siting has taken place and, for each instance, be accompanied by the ECoW or the planning authority's written approval, as applicable. Reason: To ensure that micro-siting decisions take account of environmental impacts and local ground conditions, including existing infrastructure. Community Wealth Building Plan 42. Prior to development commencing, an updated Community Wealth Building Plan shall be submitted to and approved in writing by the Council, as Planning Authority. Page 64
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The plan shall be prepared in accordance with the Moray Council’s adopted “Community Wealth Building Planning Guidance” and shall also be accompanied by a monitoring statement, which shall demonstrate how the development will deliver beneficial effects to the local economy from the construction and operation of the approved wind farm. Thereafter the development shall be implemented in accordance with the approved details, unless otherwise agreed in writing with the Council as Planning Authority. Reason: To ensure compliance with National Planning Framework 4 Policies 11 and 25 with regard to community wealth building. Windfarm Noise 43. The rating level of noise immissions from the combined effects of the wind turbines (including the application of any tonal penalty and amplitude modulation (AM) penalty) when determined in accordance with the attached Guidance Notes (to this condition), shall not exceed the values for the relevant integer wind speed set out in, or derived from, the tables attached to these conditions at any dwelling which is lawfully existing or has planning permission at the date of this permission and: a) The wind farm operator shall continuously log power production, wind speed and wind direction, all in accordance with Guidance Note 1(d). These data shall be retained for a period of not less than 24 months. The wind farm operator shall provide this information in the format set out in Guidance Note 1(e) to the Local Planning Authority on its request, within 14 days of receipt in writing of such a request. b) No electricity shall be exported until the wind farm operator has submitted to the Local Planning Authority for written approval a list of proposed independent consultants who may undertake compliance measurements in accordance with this condition. Amendments to the list of approved consultants shall be made only with the prior written approval of the Local Planning Authority. c) Within 21 days from receipt of a written request from the Planning Authority following a complaint to it from an occupant of a dwelling alleging noise disturbance at that dwelling, the wind farm operator shall, at its expense, employ a consultant approved by the Local Planning Authority to assess the level of noise immissions from the wind farm at the complainant’s dwelling in accordance with the procedures described in the attached Guidance Notes. The written request from the Local Planning Authority shall set out at least the date, time and location that the complaint relates to and any identified atmospheric conditions, including wind direction, and include a statement as to whether, in the opinion of the Local Planning Authority, the noise giving rise to the complaint contains or is likely to contain a tonal component, or is likely to contain an amplitude modulation (AM) component. d) The assessment of the rating level of noise immissions shall be undertaken in accordance with an assessment protocol that shall, prior to the commencement of any measurements, have been submitted to and approved in writing by the Local Planning Authority. The protocol shall include the proposed measurement location identified in accordance with the Guidance Notes where measurements for compliance checking purposes shall be Page 65
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undertaken, whether noise giving rise to the complaint contains or is likely to contain a tonal component and/or amplitude modulation (AM) component and also the range of meteorological and operational conditions (which shall include the range of wind speeds, wind directions, power generation and times of day) to determine the assessment of rating level of noise immissions. The proposed range of conditions shall be those which prevailed during times when the complainant alleges there was disturbance due to noise, having regard to the written request of the Local Planning Authority under paragraph (c), and such others as the independent consultant considers likely to result in a breach of the noise limits. e) Where a dwelling to which a complaint is related is not listed in the tables attached to these conditions, the wind farm operator shall submit to the Local Planning authority for written approval proposed noise limits selected from those listed in the Tables to be adopted at the complainant’s dwelling for compliance checking purposes. The proposed noise limits are to be those limits selected from the Tables specified for a listed location which the independent consultant considers as being likely to experience the most similar background noise environment to that experienced at the complainant’s dwelling. The rating level of noise immissions resulting from the combined effects of the wind turbines when determined in accordance with the attached Guidance Notes shall not exceed the noise limits approved in writing by the Local Planning Authority for the complainant’s dwelling. f) The wind farm operator shall provide to the Local Planning Authority the independent consultant’s assessment of the rating level of noise immissions undertaken in accordance with the Guidance Notes within 2 months of the date of the written request of the Local Planning Authority for compliance measurements to be made under paragraph (c), unless the time limit is extended in writing by the Local Planning Authority. Unless otherwise agreed in writing by the Local Planning Authority, the assessment shall be accompanied by all data collected for the purposes of undertaking the compliance measurements, such data to be provided in the format set out in Guidance Note 1(e) of the Guidance Notes with the exception of audio data which shall be supplied in the format in which it is recorded. The instrumentation used to undertake the measurements shall be calibrated in accordance with Guidance Note 1(a) and certificates of calibration shall be submitted to the Local Planning Authority with the independent consultant’s assessment of the rating level of noise immissions. g) Where a further assessment of the rating level of noise immissions from the wind farm is required pursuant to Guidance Note 4(c), the wind farm operator shall submit a copy of the further assessment within 21 days of submission of the independent consultant’s assessment pursuant to paragraph (d) above unless the time limit has been extended in writing by the Local Planning Authority. Table 1: Between daytime (07:00 to 23:00 hours) – Noise limits expressed in dB LA90,10 minute as a function of the standardised wind speed (m/s) at 10 metre height as determined within the site averaged over 10 minute periods. Page 66
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Location Standardised 10 metre-height Wind Speed (as defined in accordance with the attached Guidance Notes to the noise condition) 4 5 6 7 8 9 10 11 12 Blackhillock Croft 30 35 38 39 39 39 39 39 39 North Whiteley 32 37 40 40 40 40 40 40 40 Marypark 28 33 36 36 36 36 36 36 36 Mains of Pitlurg 22 27 31 31 31 31 31 31 31 Rinnes View 27 32 35 36 36 36 36 36 36 Little Pitlurg 25 30 33 34 34 34 34 34 34 Edintore-Taber Chalich 27 32 35 35 35 35 35 35 35 Edintore Farmhouse 27 32 35 35 35 35 35 35 35 Edintore Cottage 24 29 32 32 32 32 32 32 32 Drumgrain 25 30 33 33 33 33 33 33 33 Davieburn Kennels 26 31 34 34 34 34 34 34 34 Davieburn Lodge 26 31 34 35 35 35 35 35 35 Mossend 26 31 34 34 34 34 34 34 34 Alder Brae 28 33 36 37 37 37 37 37 37 Newton 31 36 39 39 39 39 39 39 39 Quarryhead 30 35 38 38 38 38 38 38 38 Millwood 29 34 37 37 37 37 37 37 37 Auchorties 26 31 34 35 35 35 35 35 35 Table 2: Between night time periods (23:00 to 07:00 hours) – Noise limits expressed in dB LA90,10 minute as a function of the standardised wind speed (m/s) at 10 metre height as determined within the site averaged over 10 minute periods Location Standardised 10 metre-height Wind Speed (as defined in accordance with the attached Guidance Notes to the noise condition) 4 5 6 7 8 9 10 11 12 Blackhillock Croft 30 35 38 39 39 39 39 39 39 North Whiteley 32 37 40 40 40 40 40 40 40 Marypark 28 33 36 36 36 36 36 36 36 Mains of Pitlurg 22 27 31 31 31 31 31 31 31 Rinnes View 27 32 35 36 36 36 36 36 36 Little Pitlurg 25 30 33 34 34 34 34 34 34 Edintore-Taber Chalich 27 32 35 35 35 35 35 35 35 Edintore Farmhouse 27 32 35 35 35 35 35 35 35 Edintore Cottage 24 29 32 32 32 32 32 32 32 Drumgrain 25 30 33 33 33 33 33 33 33 Davieburn Kennels 26 31 34 34 34 34 34 34 34 Davieburn Lodge 26 31 34 35 35 35 35 35 35 Page 67
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Mossend 26 31 34 34 34 34 34 34 34 Alder Brae 28 33 36 37 37 37 37 37 37 Newton 31 36 39 39 39 39 39 39 39 Quarryhead 30 35 38 38 38 38 38 38 38 Millwood 29 34 37 37 37 37 37 37 37 Auchorties 26 31 34 35 35 35 35 35 35 Table 3: Co-ordinate locations of the dwellings listed in Tables 1 and 2: Receptor Grid Reference Easting Northing Blackhillock Croft 343475 848073 North Whiteley 343632 847116 Marypark 343751 846526 Mains of Pitlurg 343713 845587 Rinnes View 343051 846082 Little Pitlurg 342728 845771 Edintore-Taber Chalich 342796 845996 Edintore Farmhouse 342618 846043 Edintore Cottage 341971 845641 Drumgrain 341388 845790 Davieburn Kennels 341161 846370 Davieburn Lodge 340939 846644 Mossend 340838 846690 Alder Brae 340926 847144 Newton 341082 847486 Quarryhead 341199 848053 Millwood 341735 848498 Auchorties 342987 848930 Note to Table 3: The geographical coordinate references are provided for the purpose of identifying the general location of dwelling to which the noise limits apply. Reason: to protect the amenity of nearby dwellings and to prevent nuisance. Guidance Notes for Noise Condition These notes are to be read with and form part of the noise condition. They further explain the condition and specify the methods to be employed in the assessment of complaints about noise immissions from the wind farm. The rating level at each integer wind speed is the arithmetic sum of the wind farm noise level as determined from the best-fit curve described in Guidance Note 2 of these Guidance Notes and any tonal penalty applied in accordance with Guidance Note 3, and any Amplitude Modulation (AM) penalty applied in Guidance Note 5. Reference to ETSU-R-97 refers to the publication entitled “The Assessment and Rating of Noise from Wind Farms” (1997) published by the Energy Technology Support Unit (ETSU) for the Department of Page 68
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Trade and Industry (DTI). Guidance Note 1 a) Values of the LA90,10 minute noise statistic should be measured at the complainant’s property, using a sound level meter of EN 60651/BS EN 60804 Type 1, or BS EN 61672 Class 1 quality (or the equivalent UK adopted standard in force at the time of the measurements) set to measure using the fast time weighted response as specified in BS EN 60651/BS EN 60804 or BS EN 61672-1 (or the equivalent UK adopted standard in force at the time of the measurements). This should be calibrated in accordance with the procedure specified in BS 4142: 1997 (or the equivalent UK adopted standard in force at the time of the measurements). Measurements shall be undertaken in such a manner to enable a tonal penalty to be applied in accordance with Guidance Note 3. b) The microphone should be mounted at 1.2 – 1.5 metres above ground level, fitted with a two-layer windshield or suitable equivalent approved in writing by the Local Planning Authority, and placed outside the complainant’s dwelling. Measurements should be made in “free field” conditions. To achieve this, the microphone should be placed at least 3.5 metres away from the building facade or any reflecting surface except the ground at the approved measurement location. In the event that the consent of the complainant for access to his or her dwelling to undertake compliance measurements is withheld, the wind farm operator shall submit for the written approval of the Local Planning Authority details of the proposed alternative representative measurement location prior to the commencement of measurements and the measurements shall be undertaken at the approved alternative representative measurement location. c) The LA90,10-minute measurements should be synchronised with measurements of the 10-minute arithmetic mean wind and operational data logged in accordance with Guidance Note 1(d), including the power generation data from the turbine control systems of the wind farm. d) To enable compliance with the conditions to be evaluated, the wind farm operator shall continuously log arithmetic mean wind speed in metres per second and wind direction in degrees from north at hub height for each turbine, and at any on site meteorological mast(s), if available, together with the arithmetic mean power generated by each turbine, all in successive 10-minute periods. All 10 minute arithmetic average mean wind speed data measured at hub height shall be ‘standardised’ to a reference height of 10 metres as described in ETSU-R-97 at page 120 using a reference roughness length of 0.05 metres . It is this standardised 10 metre height wind speed data, as determined from whichever source is agreed in writing with the Local Planning Authority as being most appropriate to the noise compliance measurements being undertaken, which is correlated with the noise measurements determined as valid in accordance with Guidance Note 2, such correlation to be undertaken in the manner described in Guidance Note 2. All 10-minute periods shall commence on the hour and in 10- minute increments thereafter. e) Data provided to the Local Planning Authority in accordance with the noise condition shall be provided in comma separated values in electronic format. Page 69
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f) A data logging rain gauge shall be installed in the course of the assessment of the levels of noise immissions. The gauge shall record over successive 10- minute periods synchronised with the periods of data recorded in accordance with Note 1(d). Guidance Note 2 a) The noise measurements shall be made so as to provide not less than 20 valid data points as defined in Guidance Note 2 (b) b) Valid data points are those measured in the conditions specified in the agreed written protocol under paragraph (d) of the noise condition, but excluding any periods of rainfall measured in the vicinity of the sound level meter. Rainfall shall be assessed by use of a rain gauge that shall log the occurrence of rainfall in each 10 minute period concurrent with the measurement periods set out in Guidance Note 1. c) For those data points considered valid in accordance with Guidance Note 2(b), values of the LA90,10 minute noise measurements and corresponding values of the 10- minute standardised ten metre height wind speed, as derived from the site measured wind speed source(s) agreed in writing with the Local Planning Authority in accordance with Guidance Note 1(d), shall be plotted on an XY chart with noise level on the Y-axis and the standardised mean wind speed on the X-axis. A least squares, “best fit” curve of an order deemed appropriate by the independent consultant (but which may not be higher than a fourth order) should be fitted to the data points and define the wind farm noise level at each integer speed. Guidance Note 3 a) Where, in accordance with the approved assessment protocol under paragraph (d) of the noise condition, noise immissions at the location or locations where compliance measurements are being undertaken contain or are likely to contain a tonal component, a tonal penalty is to be calculated and applied using the following rating procedure. b) For each 10 minute interval for which LA90,10 minute data have been determined as valid in accordance with Guidance Note 2 a tonal assessment shall be performed on noise immissions during 2 minutes of each 10 minute period. The 2 minute periods should be spaced at 10 minute intervals provided that uninterrupted uncorrupted data are available (“the standard procedure”). Where uncorrupted data are not available, the first available uninterrupted clean 2 minute period out of the affected overall 10 minute period shall be selected. Any such deviations from the standard procedure, as described in Section 2.1 on pages 104-109 of ETSU-R-97, shall be reported. c) For each of the 2 minute samples the tone level above or below audibility shall be calculated by comparison with the audibility criterion given in Section 2.1 on pages 104109 of ETSU-R-97. d) The average tone level above audibility shall be calculated for each wind speed bin, each bin being 1 metre per second wide and centred on integer wind speeds. Samples for which the tones were below the audibility criterion or no tone was identified, a value of zero audibility shall be substituted. (e) The tonal penalty for each wind speed bin is derived from the margin above Page 70
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audibility of the tone according to the figure below. Guidance Note 4 a) If a tonal penalty is to be applied in accordance with Guidance Note 3 the rating level of the turbine noise at each wind speed is the arithmetic sum of the measured noise level as determined from the best fit curve described in Guidance Note 2 and the penalty for tonal noise as derived in accordance with Guidance Note 3 at each integer wind speed within the range specified by the Local Planning Authority in its written protocol under paragraph (d) of the noise condition. b) If no tonal penalty is to be applied then the rating level of the turbine noise at each wind speed is equal to the measured noise level as determined from the best fit curve described in Guidance Note 2. c) In the event that the rating level is above the limit(s) set out in the Tables attached to the noise conditions or the noise limits for a complainant’s dwelling approved in accordance with paragraph (e) of the noise condition, the independent consultant shall undertake a further assessment of the rating level to correct for background noise so that the rating level relates to wind turbine noise immission only. d) The wind farm operator shall ensure that all the wind turbines in the development are turned off for such period as the independent consultant requires to undertake the further assessment. The further assessment shall be undertaken in accordance with the following steps e) To this end, the steps in Guidance Note 2 shall be repeated with the required number of turbines shut-down in accordance with Guidance Note 4(d) in order to determine the background noise (L3) at each integer wind speed within the range requested by the Local Planning Authority in its written request under paragraph (c) and the approved protocol under paragraph (d) of the noise condition. f) The wind farm noise (L1) at this speed shall then be calculated as follows where L2 is the measured level with turbines running but without the addition of any tonal penalty: Page 71
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g) The rating level shall be re-calculated by adding arithmetically the tonal penalty (if any is applied in accordance with Note 3) to the derived wind farm noise L1 at that integer wind speed. h) If the rating level after adjustment for background noise contribution and adjustment for amplitude modulation and/or tonal penalties (if required in accordance with Guidance Note 3 and 5 ) at any integer wind speed lies at or below the values set out in the Tables attached to the conditions or at or below the noise limits approved by the Local Planning Authority for a complainant’s dwelling in accordance with paragraph (e) of the noise condition then no further action is necessary. If the rating level at any integer wind speed exceeds the values set out in the Tables attached to the conditions or the noise limits approved by the Local Planning Authority for a complainant’s dwelling in accordance with paragraph (e) of the noise condition then the development fails to comply with the conditions. Guidance Note 5 a) Where, in accordance with the assessment protocol agreed under the noise condition, noise immissions at the location or locations where compliance measurements are being undertaken contain or are likely to contain an amplitude modulation component, an amplitude modulation penalty is to be calculated and applied using the following rating procedure. b) The analysis of amplitude modulation shall be undertaken using the Institute of Acoustics (IOA) metric described in “A Method for Rating Amplitude Modulation in Wind Turbine Noise” dated 9th August 2016 or any update of that method. The value of AM obtained with the IOA metric for each ten-minute period shall be converted to a penalty in decibels in accordance with the graph below. At each integer wind speed, a penalty for AM would be based on the arithmetic average of the calculated penalties for all valid periods assessed at this wind speed. Page 72
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Guidance Note 6 a) At each integer wind speed, the tonal penalty determined in accordance with Guidance Note 3 and the amplitude modulation penalties determined in accordance with Guidance Note 5 would be added arithmetically, except where the AM penalty and the tonal penalty relate to the same characteristic (e.g. amplitude modulated tones), only the larger of the AM or tonal penalty should be applied. 44. There shall be no Commencement of Development unless full details of the proposed wind turbines (including the power rating, sound power levels, and tonality assessment carried out on the selected turbine) have been submitted to and approved in writing by the Planning Authority. Reason: To allow the Planning Authority to monitor compliance with controls on noise imposed by conditions on this consent. 45. The wind farm operator shall employ an independent consultant, approved by the Planning Authority, to measure and where necessary calculate, at the operator’s own expense, the level of noise immissions from the wind turbines within the first year of the operation of the turbines. The measurement procedures, which may include filtering data according to wind direction, shall be agreed with the Planning Authority prior to commencement. The results of any measurement exercise shall be forwarded to the Planning Authority as soon as practicable after the completion of the monitoring exercise. Reason: To check compliance with the immission limits set in the Noise Condition above and thereby to protect the amenity of nearby dwellings and prevent nuisance. 46. a) Construction work shall only take place on the site between the hours of 07.00 Page 73
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to 19.00 on Monday to Friday inclusive and 07.00 to 16.00 on Saturdays, with no construction work taking place on a Sunday or on national public holidays or bank holidays other than concrete pouring if started within those hours, turbine erection and emergency works. The developer shall notify the Planning Authority of such works if carried out outside the permitted hours within two working days of their occurrence. b) Heavy Goods Vehicles (HGV) movements to and from the site (excluding abnormal loads) during construction of the wind farm shall be limited to 07.00 to 19.00 Monday to Friday, and 07.00 to 16.00 on Saturdays, with no HGV movements to or from site taking place on a Sunday or on national public holidays or bank holidays unless otherwise agreed in writing by the Planning Authority. c) Turbine delivery may be made out with these construction hours, where necessary, and as agreed in writing in advance with the Planning Authority. For the avoidance of doubt the public holidays or bank holidays are detailed as follows: • New Year's Day, if it is not a Sunday or, if it is a Sunday, 3rd January; 2nd January, if it is not a Sunday or, if it is a Sunday, 3rd January; • Good Friday; • The first Monday in May; • The first Monday in August; • 30th November, if it is not a Saturday or Sunday or, if it is a Saturday or Sunday, the first Monday following that day; • Christmas Day, if it is not a Sunday or if it is a Sunday, 27th December; and Boxing Day, if it is not a Sunday or, if it is a Sunday, the 27th December. Reason: To protect local residents from noise nuisance in ensuring the construction phase is restricted within permitted hours. Shadow flicker 47. At the reasonable request of the Planning Authority following a complaint the wind farm operator shall investigate and instigate appropriate measures to minimise the effects of shadow flicker. Reason: To protect the amenity of nearby dwellings from shadow flicker and to prevent nuisance. Decommissioning, Restoration and Aftercare 48. a) The development will cease to generate electricity by no later than the date falling 40 years from the date of final commissioning. The total period for decommissioning and restoration of the site in accordance with this condition shall not exceed 42 years from the date of final commissioning without prior written approval of the planning authority. b) Prior to the commencement of development an outline decommissioning, Page 74
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restoration and aftercare method statement shall be submitted to and approved in writing by the planning authority in consultation with the Scottish Environment Protection Agency. The method statement shall include measures for the decommissioning of the development, restoration and aftercare of the site and will include, without limitation, proposals for the removal of the above ground elements of the development, the treatment of ground surfaces, the management and timing of the works and environmental management provisions. c) No later than one year prior to decommissioning of the development or the expiration of the 40 year period of operation (whichever is the earlier) a detailed decommissioning, restoration and aftercare method statement, based upon the principles of the approved outline decommissioning, restoration and aftercare method statement, shall be submitted to the planning authority for written approval in consultation with the Scottish Environment Protection Agency. The detailed decommissioning, restoration and aftercare method statement will provide updated and detailed proposals for the removal of above ground elements of the development, the treatment of ground surfaces, the management and timing of the works and environment management provisions. d) The development shall be decommissioned, site restored, and aftercare thereafter undertaken in accordance with the detailed decommissioning, restoration and aftercare method statement as approved, unless otherwise agreed in writing in advance with the planning authority in consultation with Scottish Environment Protection Agency. Reason: To ensure the decommissioning and removal of the development in an appropriate and environmentally acceptable manner and the restoration and aftercare of the site, in the interests of safety, amenity and environmental protection. Financial Guarantee 49. a) No development shall commence until a bond or other form of financial guarantee in terms which secures the cost of performance of all decommissioning, restoration and aftercare obligations referred to in condition 48 has been submitted to and approved in writing by the planning authority. b) The value of the financial guarantee shall be agreed between the developer and the 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 decommissioning, restoration and aftercare obligations referred to in condition 48 above. c) The financial guarantee shall be maintained in favour of the planning authority until the date of completion of all decommissioning, restoration and aftercare obligations referred to in condition ‘48’ above. d) The value of the financial guarantee shall be reviewed by agreement between the developer and the planning authority or, failing agreement, determined (on application by either party) by a suitably qualified independent professional not less than every five years and at the time of the approval of the detailed decommissioning, restoration and aftercare plan approved under condition 48. Page 75
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The value of the financial guarantee shall be increased or decreased to take account of any variation in costs of compliance with decommissioning, restoration and aftercare obligations referred to in condition 48 and best practice prevailing at the time of each review. Reason: To ensure that there are sufficient funds to secure performance of the decommissioning, restoration and aftercare conditions attached to this deemed planning permission in the event of default by the developer. Reason(s) for Decision The Council’s reason(s) for making this decision are:- The proposal complies with the provisions of National Planning Framework 4 and the Moray Local Development Plan 2020 and there are no material considerations that indicate otherwise. EIA Reasoning for decision Moray Council’s Assessment of the information presented within the EIA Report and other environmental information in relation to the development is contained within Report of Handling. It is considered that the development will not have any significant impacts on the environment. Moray Council is Satisfied that other effects/issues can be addressed by way of mitigation. A detailed description of the proposed mitigation is contained within the EIA Report and this Report of Handling. Page 76
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List of Informatives: THE TRANSPORTATION MANAGER, DIRECT SERVICES has commented that:- Rosehall Road (U43aH) is a narrow single-track road without proper passing facilities and is subject to a Traffic Regulation Order as it is not suitable for HGV movements. Therefore, the use of this road by large construction/operational vehicles is not permitted. Visibility requirements at A96/ Blackhillock Road (U43H) access junction is a matter of Transport Scotland who will need to be consulted in this application. The access track which connects the development site to the Blackhillock Road (near the Blackhillock Substation) is a private unadopted road which is not maintained by Moray Council. Based on the Swept Path Analysis, all public road widening to accommodate vehicle overrun areas up to 6m, curve widening areas (more than 6m), widening to provide better two-lane approaches and required improvements to junction turning facilities should be permanent full road construction and only additional widening to be considered as temporary. All marginally widening of carriageway should not be less than 1m wide to allow for proper compaction and construction with the formation of a stepped linear joint into carriageway. Any existing ditch, watercourse or drain impacted by the proposed passing places shall be properly diverted or piped to the Moray Council Specifications. At any locations where kerbing is provided as an edge of the existing carriageway, this must be replicated at the edge of any permanent widening. Any permanent widening must consider the impact on road drainage especially additional run off areas. All alterations either permanent or temporary must not be to the detriment of any existing road drainage, which must be retained, relocated or reinstated to the satisfaction of Roads Maintenance on completion of all abnormal traffic movements. As the proposed access track on to the B9115 will go steeply uphill, measures must be incorporated to deal with runoff from the private access track to ensure that existing road drainage downhill on the B9115 is not subjected to flows beyond the capacity of the existing road drainage system. No surface water should be permitted to drain from the access onto the public road. Signs which are in place for road safety reasons must be socketed, removed as AiL’s approach and reinstated immediately after the vehicles pass. It is not acceptable to overrun central refuge / splitter islands, they are not Page 77
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constructed to take vehicle loadings. Proposals submitted must show how this will be managed during deliveries. It is also not appropriate to remove signing for the duration of the abnormal loads therefore confirmation of how signs will be managed during the delivery phase needs to be agreed. Some of the side tracks which join the public road may appear to be part of the public road as they have a thin layer of tar on them. It is unlikely that there is suitable road construction under any of them and where they are being utilised each location should be assessed and reconstructed if necessary. Prior to completion of the development, all areas of temporary over-run must be reinstated to an appropriate standard. Example 300mm thick dressed topsoil and reseeded appropriate for the surroundings. Additional details for all areas of road widening and new passing places must also include drainage details to accommodate the additional road surface area. Transport Scotland must be consulted with respect to all deliveries proposed via the Trunk Road. The neighbouring Local Authorities, through which the delivery route may pass, must be consulted as appropriate. The applicant is obliged to apply for a road opening permit in accordance with Section 56 of the Roads (Scotland) Act 1984. Advice on this matter can be obtained by emailing roads.permits@moray.gov.uk and reference to the following page on the Council web site Road Opening: http://www.moray.gov.uk/moray_standard/page_79860.html Planning consent does not carry with it the right to construct a new road or any part of a road. In accordance with Section 21 of the Roads (Scotland) Act 1984 Construction Consent for new roads (includes passing places), that will form part of the public road will be required. Advice on this matter can be obtained by emailing Transport.Develop@moray.gov.uk and reference to the following pages on the Council web site. Checklist: http://www.moray.gov.uk/downloads/file68812.pdf RCC: http://www.moray.gov.uk/moray_standard/page_65638.html Specification http://www.moray.gov.uk/downloads/file68813.pdf Technical Approval will be required for the proposed new vehicular access on to the B9115. The applicant is obliged to apply for permission to modify the existing public road, in accordance with Section 48 of the Roads (Scotland) Act. The applicant will be required to provide technical information, including drawings and drainage calculations, a programme for the proposed works. Advice on the application process can be obtained by emailing transport.develop@moray.gov.uk 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. Page 78
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If required, street furniture will need to be repositioned at the expense of the developer. In addition, any existing roadside ditch may require a pipe or culvert. Advice on these matters can be obtained by emailing road.maint@moray.gov.uk The applicants shall be responsible for any necessary diversion of any utilities or drainage present at the locations where works are to be undertaken. The applicants shall meet all costs of improvements to the road infrastructure, which are required as a result of the development. The applicants shall meet all costs of removal and re-erection of road signage, which are required as a result of the delivery of the abnormal loads. The applicants shall meet all costs of diverting any footpath or cycleway during the construction period, including signage. The applicants shall free and relieve the Roads Authority from any claims arising out of his operations on the road or extension to the road. No retaining structures or embankments shall be constructed along the edge of the road, whether retaining the public road or ground adjoining the public road without prior consultation and agreement of the Roads Authority. Bridges and Structures – It is required to undertake an assessment of all bridges on the delivery route within the Moray Council area. The developer must contact the Senior Engineer for Bridges and Structures to discuss the proposals via structures@moray.gov.uk Construction Traffic Management Plan - The developer must contact the Senior Engineer Transportation discuss the proposals via transport.develop@moray.gov.uk NATS SAFEGUARDING OFFFICE, has commented that: See consultation response dated 18 August 2025. SCOTTISH WATER, has commented that: See consultation response dated 10 May 2024. SCOTTISH GAS NETWORKS, has commented that: See consultation response dated 17 December 2024. ABERDEENSHIRE COUNCIL ARCHAEOLOGY SERVICE, has commented that: See consultation response dated 3 May 2024. Page 79
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SCOTTISH AND SOUTHERN ELECTRICTY NETWORKS (DISTRIBUTION), has commented that: See attached signed correspondence which is a legally binding agreement between SSEN (Distribution) and the applicant dated 11 July 2025. LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT Reference No. Version No. Title/Description C4421(P)100 0 Location Plan C4421(1)113 0 Drainage Details C4421(P)117 0 Substation - Elevations And Floor Plan C4421(P)118 0 Turbine Elevations C4421(P)116 0 Access Track C4421(P)114 0 Foundation Details C4421(P)115 0 Hardstanding Details C4421(P)122 0 Site Entrance Forward Visibility Splay C4421(P)123 0 Site Entrance Details Visibility Splay Vertical Check C4221(P)103 A Site Layout-Block Plan 1 C4221(P)104 A Site Layout-Block Plan 2 C4221(P)105 A Site Layout-Block Plan 3 C4221(P)106A A Site Layout-Block Plan 4 C4221(P)106B A Site Layout-Block Plan 5 C4221(P)102 A Site Layout - Block Plan Overview C4421(P)100 A Drainage Concept - Block Plan 1 C4421(P)107 A Drainage Concept C4421(P)120A 0 Visibility Splay - U43H / Denwell Road C4421(P)120 A Visibility Splay North Entrance Blackhillock Road C4421(P)121 A Site Entrance Design Swept Path Analysis C4421(P)119A B Visibility Splay C4421(P)110 A Drainage Concept - Block Plan 2 C4421(1)111 A Drainage Concept - Block Plan 3 C4421(1)112 A Drainage Concept - Block Plan 4 C4421(P)108 A Drainage Concept - Block Pan Overview C4221(P)101 A Site Layout C4421(P)119B A Site Entrance Design Reinstatement Works Page 80
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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: Land At Cairds Wood Moray Planning Application Ref Number: 24/00617/EIA Location Plan Applicant Name: EDPR Page 81
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Site layout 16/01664/APP Page 83
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Turbine Elevation 16/ Page 84
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PLANNING APPLICATION: 24/00617/EIA 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 • This application seeks planning permission for the erection of four wind and associated ancillary infrastructure turbines with a combined generating capacity of up to 16.8MW at Cairds Wood, Keith, Moray. This will form an extension to the existing Edintore Wind Farm. The proposed development will consist of the following elements: • Three, three-bladed wind turbines measuring up to 180m tip height (T2, T3 and T4) and one, three-bladed turbine measuring up to 149.9m tip height (T1); • Hardstanding areas for cranes at each turbine location; • Turbine foundations; • 3.67km of new access track and 1.59km m of upgraded access track; • Drainage works and a new water crossing; • An on-site electrical sub-station and control network of buried cables; • Temporary laydown areas and temporary construction compound, including parking, and welfare facilities; and • Associated ancillary works. • A 50m micro-siting allowance for the turbines and access tracks is sought, to allow flexibility in siting for localised ground conditions and assist in reducing impacts during construction. • Steady red aviation lights will be fitted to two of the turbines. • Two access options are proposed. Option 1 connects to the site via the B9115 and is designated exclusively for abnormal load (ABL) vehicles for turbine delivery and installation. Option 2, via Blackhillock Road (U43H), is intended for standard construction and operational traffic, including staff and standard deliveries. • The proposed development would result in loss of 18.63ha of woodland. The application will provide compensatory planting to offset the woodland removal. • Permission is sought for a 40-year period. Thereafter, the proposed development is to be decommissioned and reinstated. • The application is accompanied by supporting documents including an EIA Report (ER), [3 volumes and a Non-Technical Summary (NTS)], Design Statement, Planning and Sustainable Place Statement and an Outline Habitat Management and Biodiversity Enhancement Plan (OHMBEP) and associated supplementary information, an updated Community Wealth Page 93
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Building Plan, private water supply information and an updated Access, Traffic and Transport Chapter. 2. THE SITE • The proposed development site is located on Cairds Hill (301m AOD) 2km to the south of Keith. • The total site area covers approximately 170 hectares and largely comprises the Cairds Wood area and open grassland fields to the east. • The site 1.2km to the north of the Moray/Aberdeenshire boundary. • The operational Edintore Wind Farm sits directly to the south of the site, Blackhillock and Beatrice Substations to the north, and the Blackhillock BESS, Cairds Hill and Blackhillock quarries to the east. • The site is not subject to any international, national, regional or local landscape, built environment or nature conservation designations. Archaeological assets are present on the site. • The site is not at risk of flooding from rivers. Small parts of the site are subject to low/medium/high risk of surface water flooding, which is localised. 3. HISTORY For the site: 21/00033/SCO – Environmental Impact Scoping request for construction and operation of 7no wind turbines with overall tip height of up to 150m forming an extension to the operational Edintore Wind farm associated infrastructure including crane hardstanding access tracks and substation compound at the same site subject of this application. The purpose of the scoping exercise was to assist in advising the developer as to what information should be included and brought within the scope of any supporting EIA Report. This exercise was carried out in early 2021. 20/01129/PEMAJ – Pre application major advice provided in relation to proposal for construction of associated infrastructure access tracks, crane hardstanding/laydown areas construction compound and electricity substation at Site Approx 2km South of Keith and adjacent to Edintore Windfarm. On nearby land: 23/00121/APP – Permission granted for application under section 42 to vary the terms of the existing planning permission for Edintore wind farm (condition 22 (a) to allow noise monitoring to take place every 5 years instead of every 2 years as currently required. 10/02092/EIA – Permission granted by Directorate of Planning and Environmental Appeals for wind farm at Edintore following refusal by the Moray Council on basis Page 94
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of significant visual impact due to size, prominence and altitude, dominating landscape and disproportionate to Caird’s Hill; contribution to proliferation of turbines in area; and overbearing presence and detrimental impact on nearby residents. Wind farm now constructed and operational. 4. POLICIES National Planning Framework 4 Policy 1 - Tackling the Climate 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 11 - Energy Policy 13 - Sustainable transport Policy 18 - Infrastructure first Policy 22 - Flood risk Policy 23 - Health and safety Policy 25 - Community wealth building Moray Local Development Plan 2020 PP2 Sustainable Economic Growth PP3 Infrastructure and Services DP1 Development Principles DP9 Renewable Energy DP10 Minerals EP1 Natural Heritage Designation EP2 Biodiversity EP3 Special Landscape Areas EP7 Forestry Woodland and Trees EP8 Historic Environment EP12 Management and Enhancement Water EP13 Foul Drainage EP14 Pollution Contamination Hazards EP15 MOD Safeguarding EP16 Geodiversity and Soil Resources Moray Wind Energy Landscape Sensitivity Study 2023 5. ADVERTISEMENTS 5.1 Advertised under the EIA Regulations. Advertised for neighbour notification purposes. Page 95
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6. CONSULTATIONS Strategic Planning and Development – The proposal complies with relevant National Planning Framework 4 policies 1, 2, 3, 6, 11, 25 and 29, associated Moray Planning Policy Guidance and Moray Local Development Plan 2020 policies DP1, DP9, EP2, EP7, EP8 and Moray Wind Energy Landscape Sensitivity Study 2023, subject to conditions where appropriate. Notes that whilst the benefits of the proposal in terms of renewable energy generation are fully recognised, the proposal is likely to result in significant adverse landscape and visual effects. However, these are likely to be relatively limited in number and extent and, although there would be obvious disparities in the size of turbines in some views, a reasonably balanced appearance has been achieved between the operational and proposed turbines. Views of the turbines from Keith Conservation Area and surrounding historical assets would be limited due to screening provided by buildings and topography. In compliance with NPF4 Policy 2 and associated Moray PPG, a Carbon Statement has been submitted in support of the application which sets out how the proposed development minimises emissions and any barriers to achieving net- zero. A condition is required that a Construction Environmental Management Plan be provided, which should include the commitment that greenhouse gas emissions are minimised during all phases of the development. Notes that the Applicant has confirmed that the proposed development is anticipated to generate approximately 16.8MW of renewable electricity per year, helping meet the Scottish Government’s renewable energy generation targets in the post-2020 period and help work towards the net zero greenhouse gas emission target by 2045. Socio-economic impact across all three stages of development (construction, operation and maintenance) will be negligible on the economy of Moray. A Community Wealth Building Plan (CWBP) has been submitted in support of the application setting out how the proposal maximises local employment and skills opportunities and stimulates local supply chain opportunities through construction and operational stages of the development. Subject to an appropriate planning condition to secure an updated CWBP and monitoring statement, the proposal complies with NPF4 Policies 11 (c) & 25 and associated Moray PPG. A total of 22.09 ha of woodland requires to be felled to facilitate the proposed development. Restocking proposals result in an overall decrease of 18.63 ha of woodland which will require compensatory planting. The compensatory planting will need to be carefully sited, within Moray and subject to the highest standards of design. Moray Council and Scottish Forestry should be consulted on the location and composition of this. The Council’s emerging Woodland and Forestry Strategy (Consultation Draft 2024) should be taken into account in the selection of a suitable planting site due to the increased sensitivity that SLAs generally have to some forms of productive forestry. Consideration should be given to improving the Page 96
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design of margins, incorporating more broadleaved planting to soften abrupt edges. Subject to the provision of compensatory planting (18.63 ha), to be agreed with Scottish Forestry, the proposal complies with NPF4 Policy 6 and MLDP Policy EP7. Further information has been provided in respect of the extent that habitat(s) will be impacted or lost as a result of development. An Outline Biodiversity Enhancement and Restoration Plan has been submitted in support of the application and whilst enhancements are identified, the Plan focuses on the development site only despite there being opportunities to provide significant biodiversity enhancements, which would link and strengthen habitat connectivity, beyond the confines of the site. The principle of the information submitted complies with NPF4 Policy 3 (b) and MLDP Policy EP2, subject to an appropriate planning condition to secure an updated Habitats and NVC Survey and Outline Biodiversity Enhancement and Management Plan, prior to commencement of development. Subject to relevant conditions in respect of carbon, community wealth building, compensatory planting and biodiversity, the proposal is considered to comply with relevant NPF4 and MLDP policies. Transportation – Following discussions with applicant and the submission of updated drawings and information regarding abnormal delivery routes, visibility splay provision and queries on the Access, Traffic and Transport report, no objections, subject to conditions requiring further information and mitigation in respect of provision of visibility splays, a Construction Traffic Management Plan, a wear and tear agreement with a financial guarantee, detailed proposals of abnormal load trial run(s) and upgrades to the local road network to accommodate abnormal/heavy deliveries. Environmental Health - No objection, subject to conditions regarding control of noise immissions, and measures to address any complaints received; a monitoring scheme of noise immissions; a scheme to assist assessment/regulation of amplitude modulation effects; construction activities including vehicle movements permitted only between 07:00 to 19:00 hrs, Monday - Friday and 07:00 to 16:00 hrs, Saturdays, and no working on Sundays or on national public holidays or bank holidays, unless otherwise agreed; submission/approval of a Construction Environmental Management Plan (CEMP); and measures to address any complaints received regarding shadow flicker, with mitigation. Environmental Health (Contaminated Land) - No objections. Environmental Health, Private Water Supplies - No objection, subject to condition requiring submission/approval of a Private Water Supply Management Plan, to include mitigation identified in EIA Chapter 9, associated supporting information and remediation measures to any affected supplies. Page 97
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Scottish Water – No objection. Notes that the proposed development falls within a drinking water catchment area (Burn of Davidstone) which supplies the Herricks Water Treatment Works (WTW). It is essential that water quality and quantity in the catchment area is protected and that any assets in the area are not impacted. The applicant/developer will need to take precautions and measures (as outlined in the response) to ensure that the development does not affect the protected area or assets. Requests involvement in the more detailed design stages of the application and what asset protection and pollution prevention plans will be implemented. Moray Flood Risk Management - No objection. Informative comments to be attached to decision - requiring any watercourse crossing or drainage channels beneath the road to be designed to allow an unrestricted flow for events up to a 0.5% AEP including climate change. Planning And Development Obligations – No obligations sought. Building Standards Manager – Warrant will be required for the control building. Aberdeenshire Archaeology Service – No objection, subject to conditions requiring submission/approval of details of protective fencing around identified archaeological sites during construction and a programme of archaeological works (watching brief over groundbreaking works in proximity to archaeological site and formation of foundations for T4 and associated track/cable). Moray Access Manager – No objections. Aberdeenshire Council (North) – No objection. Notes that while full landscape impacts need to be carefully considered in all wind turbine proposals, Aberdeenshire Council is satisfied that Moray Council will fully assess any potential impacts in that regard. The Natural Environment team has no objections to the proposal. Notes that further information has been submitted which confirms no likelihood of impact on the Den of Pitlurg Local Nature Conservation Site and SSSI, located approximately 2 km south of the proposal site, as there is no hydrological connection to the site. The Roads Development Section has no objections to the proposal. Recommends a condition requiring approval of a Site-Specific Route Access Report and Construction Traffic Management Plan which would affect Aberdeenshire Road networks. Transport Scotland – No objection, subject to conditions requiring agreement of proposed route for any abnormal loads on the trunk road network, measures to accommodate abnormal loads on the trunk road, signing or temporary traffic control measures to be undertaken by a recognised QA traffic management consultant and a Construction Traffic Management Plan including swept path analysis to ensure that abnormal loads can be transported along the trunk road network. Page 98
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SEPA – No objection, subject to a condition regarding implementation of mitigation methods proposed in EIA Chapter 9, i.e. mitigation through embedded design (drainage arrangements) and through construction, with implementation of a Construction Environmental Management Plan (CEMP) and a Pollution Prevention Plan (PPP). These will outline mitigation measures to mitigate potential impacts on the ground and surface water environment, and will address reinstatement and restoration, decommissioning, contractor duties, toolbox talks, pollution prevention and mitigation, adherence to Control of Substances Hazardous to Health Regulations, pollution monitoring and controls and a Site Waste Management Plan. Notes and accepts that the significance of effects with mitigation is negligible, as outlined with EIA Chapter 9 and that compensation planting would be required to mitigate for the loss of woodland area and the extent, location and composition of such planting is to be agreed with Scottish Forestry. NatureScot – Notes that there are natural heritage interests of national and international importance approximately 7.5 kilometres from the application site (Tips of Corsemaul and Tom Mor Special Protection Area and Tips of Corsemaul and Tom Mor Site of Special Scientific Interest), but NatureScot advice is that these will not be adversely affected by the proposal. Advises that an appropriate assessment in relation to the qualifying interest of the Tips of Corsemaul and Tom Mor SPA is not required. Further notes that the Cairngorms National Park is located over 25 km south-west of the proposal site and that the proposal will not have an adverse effect on the integrity of the Cairngorms National Park or the objectives of the designation. Scottish Forestry – No objection. Notes that the submitted EIA Chapter 15 clearly details the felling proposals and associated restock, both of which are deemed proportionate. Recommends a condition requiring the submission and approval of compensatory planting proposals prior to any felling. Further elements to be addressed in the planting proposals should include, 1). the timescale associated with the restock; this should be conducted timeously and any areas which may be delayed beyond the timescales articulated in the Land Management Plan should be considered for inclusion within the compensatory planting and 2). a specific articulation of the proposed ground preparation, proposed protection of palatable species and commitment to providing evidence of provenance, demonstrating that the trees are suitable for the site. Scotland Gas Network – Following submission of further information, no objection based on notification and mitigation requirements agreed between Scotland Gas Networks and the Developer, which include submission of a Design Report that will detail fault mitigation for the site, if required. Scottish and Southern Electricity Networks (Transmission) - No objection, subject to a condition requiring submission/approval of a finalised Construction Traffic Management Plan (CTMP) in consultation with SSEN Transmission, noting Page 99
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that the developer proposes to use an access to construct the proposed development which lies within SSEN ownership and is essential for access to nearby critical national infrastructure, including a strategically important Blackhillock substation and associated overhead lines. Content that the proposed positioning of the turbines could be operated without undue detriment to the continued safe operation of nearby overhead lines. Historic Environment Scotland – No objection. The proposals would not have direct physical effects on any assets within our remit. We are content that the development would not have significant effects on the setting of the Category A listed buildings in the surrounding area. We are content that the proposals would not raise issues of national interest for our remit. Strathisla Community Council – No comments received. Ministry of Defence – Following submission of further information, no objection, subject to conditions requiring the submission/approval of an Air Traffic Control Radar Mitigation Scheme (ATCRMS) to mitigate the impact of the development upon the operation of Air traffic control radar systems used by RAF Lossiemouth and MOD air traffic control operations, implementation of the ATCRMS prior to operation of any wind turbine, an aviation lighting scheme covering construction and operational phases to maintain civil and military aviation safety requirements, and a scheme for aviation charting and safety management confirming date of commencement of works, maximum height of construction equipment, date wind turbines are brought into use and final coordinates and maximum heights of wind turbines and any anemometer mast(s). Atkins Ltd – No objection. Joint Radio Company – Following submission of further information, no objection, subject to a condition requiring the submission / approval of a Scheme detailing interference mitigation works to protect Scottish & Southern Electricity Networks (SSEN) operational telecoms assets and radio signals used for operational purposes to ensure distribution of electricity on the electricity distribution network. National Air Traffic Systems Safeguarding – Following submission of further information, no objection, subject to conditions requiring the submission/ approval of a Primary Radar Mitigation Scheme (PRMS) to mitigate the impact of the development on the Primary Radar Installation at Perwinnes and the associated air traffic management operations and implementation of the PRMS prior to erection of any wind turbine. Aberdeen International Airport Ltd Safeguarding - No objection. Highland & Island Airports Ltd Safeguarding - No objection. Page 100
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Health And Safety Executive – Does not advise against granting planning permission. Proposed development site lies within the consultation distance of the Aberdeen/Conon Bridge pipeline and recommends consultation with SGN. Cairngorm National Parks Authority – No response received. 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). Issue: The construction traffic management plan (CTMP) for this application will likely be ignored, with no council enforcement. Local roads, especially at Rosehall, will again be misused for site access, and ineffective signage will be disregarded. The Council should take this opportunity to implement lasting solutions at Blackhillock or require developers to fund measures that reduce disruption to residents. Comments: As set out within the observation section below, the proposed development can be adequately serviced in terms of road access in accordance with planning policy and transportation requirements. The Transportation Section has raised no objection subject to conditions requiring submission / approval of a CTMP to mitigate traffic impacts, evidence of a signed Wear and Tear Agreement with a financial guarantee to cover any damage to the road and upgrades to the local road network to accommodate heavy deliveries. The negative experiences highlighted are not relevant to the consideration of the current application. Issue: Trees being removed and replaced with hardstanding roads and yards in the countryside. Most concerning is that the application states that plans for connecting to the national grid will only be finalised if permission is granted. The applicant should first demonstrate that a viable grid connection exists and explain how it will be achieved, rather than leaving it uncertain. Concerns that a project of this scale could get consent without showing how it will impact on the rest of the increasingly industrial landscape, with more pylons squeezed into this area. Comments: The proposed level of tree removal within this managed plantation required to accommodate this renewable energy development proposal is acceptable and will be offset by appropriate compensatory planting to be agreed by the Council, in consultation with Scottish Forestry in line with a planning condition. Approval of grid connection works typically occurs once planning permission has been granted for renewable energy proposals and does not preclude determination of the application. Page 101
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Issue: Planning procedure not followed, contributor owns land immediately adjacent to the boundary and was not notified and only learnt of the application just prior to the closing date for comments. Comments: Statutory neighbour notification procedures have been followed in this case which has involved placing statutory notices in the local press and notifying neighbouring properties by letter within 20 metres of the red line boundary, in accordance with regulations. The contributor’s property in question lies beyond 20 metres of the site. Issue: Loss of amenity value to the surrounding area, the new turbines will be significantly taller than the existing ones and will be the dominant feature on the horizon. Existing pylons and turbines are not justification for further loss of amenity value. Comments: This proposed development represents an acceptable renewable energy development proposal which accords with national and local planning policy requirements. The proposal is likely to result in adverse landscape and visual effects, however, these would be limited in number and extent and, although there would be disparities in the size of turbines in some views a reasonably balanced appearance has been achieved through the design layout. Issue: Light flicker concerns, the turbines will be east of the contributor’s residential property with the sun rising in the morning directly behind them. Comments: Chapter 11 of the EIA Report assesses shadow flicker impacts from the proposed development and predicts that the proposed turbines are not expected to cause significant issues. Should complaints arise, a planning condition as recommended by Environmental Health will require the operator to investigate and apply mitigation, such as shutting down turbines during predicted flicker events. Issue: Noise impact concerns, contributor already hears the existing turbines, the new ones will significantly closer. Comments: Operational noise from the proposed turbines has been assessed against relevant limits, both individually and cumulatively with the adjacent Edintore Wind Farm. Eighteen noise-sensitive properties were considered, and the noise impact assessment found that noise levels would remain within acceptable limits, with no significant impacts expected. The Environmental Health Section is content with the assessment and has raised no objection subject to conditions controlling noise immissions, requiring measures to address any complaints received and a monitoring scheme of noise immissions. Issue: The source of the private water supply for contributor’s farm is within 300m of the site boundary, concerned this will be impacted. Page 102
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Comments: Chapter 9 of EIA Report considers potential effects of the proposed development on surface water and groundwater, including private water supplies. The Private Water Supply Assessment and supplementary information (with input from the Private Water Section) has identified 11 private water supplies within 1.2km of the proposed development. To address potential adverse impacts from construction the applicant proposes a private water supply management strategy (PWSMS), with mitigation to include further investigations where required, pre- construction sampling and where a water supply is affected during the three stages development provision of mitigation to resolve impacts. The Private Water Section is content with this approach and has raised no objection, subject to a condition requiring submission and approval of final details of the plan, including mitigation and remediation measures where required. Issue: Wake loss impacts / commercial concerns, the proposed development is anticipated to reduce energy output at Edintore Wind Farm by approximately 2% annually due to wake effects. No Wake Loss Assessment has been submitted, and the Environmental Impact Assessment Report (EIAR) omits consideration of this impact, particularly within the Socio-Economic and Climate Change chapters. This omission is considered contrary to EIA Regulations, which require evaluation of cumulative and significant effects. Relevant national policy highlights the need to consider impacts on existing infrastructure. The objector requests deferral of determination pending submission and review of a Wake Loss Assessment, and engagement with the applicant on mitigation. The delay in submitting the objection has arisen from the objector’s attempts to resolve this issue through commercial negotiation, which have stalled. Comments: Planning Circular 3/2022 Development Management Procedures confirms that the planning system in Scotland operates in the long-term public interest and is not designed to protect the interests of one business over another. The objection essentially seeks protection of Edintore Wind Farm’s commercial performance, which is not a material planning consideration. The estimated impact of 2% is not considered sufficient to materially prejudice the operation or viability of the wind farm, particularly given the inherent variability in wind conditions and energy yield. In terms of National Planning Framework 4 (NPF4), Policy 11 supports the expansion of renewable energy generation. If the impact on Edintore Wind Farm were significantly greater - potentially threatening its viability - then a case could be made that such effects conflict with the aims of Policy 11. However, in this instance, preventing the development of a 16.8MW renewable energy project would arguably represent a greater divergence from the objectives of NPF4 than the minor reduction in productivity at the Edintore Wind Farm. There is currently no specific national planning policy or guidance that addresses wake loss effects, beyond general advice on turbine spacing. Such matters are typically considered private and commercial in nature and would ordinarily be resolved between developers. Micro-siting allowances may also offer a means to reduce any potential impact. Page 103
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The comment that the Environmental Impact Assessment Report (EIAR) does not address wake loss within the Socio-Economic or Climate Change chapters is noted. However, under the Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2017, the requirement to assess cumulative and significant effects is interpreted in the context of environmental impacts rather than private commercial interests. In this case, the wake-related impact is considered to fall within the scope of commercial performance rather than environmental significance. While the issue of wake loss is acknowledged, it is not considered to be of sufficient materiality or significance in this instance. 8. OBSERVATIONS 8.1 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. 8.2 The main issues are considered below. 8.3 Environmental Impact Assessment This proposal was considered to be an EIA development under the Environmental Impact Assessment (Scotland) Regulations 2017 by the applicant who submitted a request for a Scoping Opinion to Moray Council on 31 January 2021. Moray Council officers responded to this request with various comments including input from relevant consultees on 21 April 2021, which have been used to inform the EIA Report that accompanies this proposal. 8.4 Relationship of proposal to national renewable energy policy/guidance The Climate Change (Scotland) Act 2009 places a duty on public bodies to act sustainably and meet emissions targets. They are Onshore Wind Sector Deal for Scotland, The Scottish Government’s Programme for Scotland 2020-21, The Environment Strategy for Scotland, February 2020, Climate Change (Emissions Reductions Targets) (Scotland) Act 2019, Scottish Government Climate Change Plan (2018), Scottish Government Onshore Wind Policy Statement 2017 and Scottish Energy Strategy (2017). These generally stress the need to reduce carbon emissions (for which wind energy will clearly play a part) but do qualify this with the need to protect landscapes, built and natural heritage, residents and other interests. The Scottish Government also publishes other advice for the determination of onshore wind energy projects. 8.5 The applicants have submitted a Planning Statement and Sustainable Placemaking Statement which identifies the pertinent national policy and guidance in relation to the onshore wind energy proposals. Consideration has been given to these policies and guidance documents. Of particular note, there is Page 104
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a recurring theme in favour of renewable energy proposals within national guidance and NPF4. 8.6 Climate Change and Principle of Renewable Energy Proposal NPF Policy 1 (Tackling the Climate and Nature Crises) states that significant weight must be attached to the global climate and nature crisis. It aims seeks to reduce emissions and supports development that addresses these goals. Development of renewable energy is one such development and therefore significant weight must be attached to its contribution toward emissions reductions. Similarly, NPF Policy 2 (Climate Change and Adaptation) seeks to encourage, promote and facilitate development that minimises emissions and adapts to the current and future impacts of climate change. This can directly be linked to other wider objectives of NPF in creating sustainable places and the production and transmission of clean energy is part of the spatial strategy for the north of Scotland. 8.7 NPF Policy 11 (Energy) seeks to encourage, promote and facilitate all forms of renewable energy development onshore and offshore. Part (a) (i) of the policy supports wind farms, but other parts of the policy, in particular part (e) sets out how proposals should demonstrate impacts on a number of aspects have been designed and mitigated. These matters are considered below. 8.8 The supporting EIA Report (Chapter 16) confirms that the proposal would generate 45,000 MWh per year, displacing an equivalent amount of fossil fuel generated electricity and a subsequent reduction in CO2 emissions. The estimated carbon pay-back of the proposal (i.e. energy required to form the proposal) would be paid back within approximately 19 months. 8.9 The following evaluation will consider the impact of this proposal in terms of: • Landscape and Visual Impact. • Noise. • Shadow Flicker. • Natural Environment. • Hydrology and Hydrogeology. • Cultural Heritage and Archaeology. • Access, Traffic and Transport. • Aviation and Radar. • Socio-economics, Tourism and Recreation. • Forestry. • Telecommunications, utilities/services, carbon balance and safety. • Decommissioning and restoration. 8.10 Landscape and Visual Impacts NPF Policy 11 states that project design and mitigation must demonstrate how the various impacts of energy developments are addressed, and these are listed in part (e) of the policy. Part (e)(ii) notes that significant landscape and visual impacts can arise, recognising that such impacts are to be expected for some forms of renewable energy. Where impacts are localised and / or appropriate Page 105
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design mitigation has been applied, they will generally be considered to be acceptable. This goes beyond the comparable MLDP Policy DP9 (Renewable Energy) by stating that under certain circumstances, even significant landscape impacts are to be accepted. 8.11 MLDP Policy DP9 (supported by Moray Council’s - Moray Wind Energy Landscape Sensitivity Study 2023) states that all renewable energy proposals will be considered favourably where they meet criteria identified in Policy DP9 (a)(i) where proposals should be compliant with policies to safeguard and enhance the built and natural environment, while DP9 (a)(iii) gives a list of impacts that must be avoided to prevent an overall unacceptable significant adverse impact occurring. Whilst many of these are addressed or can be addressed via condition one of these states that unacceptable significant adverse landscape and visual impacts must be avoided in order for proposals to be considered favourably. This element deviates from the position presented in NPF Policy 11. 8.12 Section 24 of the Town and Country Planning (Scotland) Act 1997 (as amended) states that should there be any conflict between the adopted National Planning Framework and the adopted local development plan, the most recently adopted shall prevail. Given the approach advocated under Section 24, as NPF was adopted most recently its position takes precedence and therefore the greater tolerance to significant impacts must be applied. 8.13 The EIA Report prepared in support of this proposal contains a Landscape and Visual Impact Assessment (LVIA). This assesses the potential for significant landscape and visual effects within a 45km study area, focussing on an agreed smaller 15km study area for detailed consideration of potentially significant effects. Assessment of effects on views is informed by 19 viewpoints to represent visibility from a range of receptors throughout the Study Area. The LVIA generally accords with best practice set out in the Guidelines for Landscape and Visual Impact Assessment and its conclusions are mostly acceptable to the Council, following advice/review by the Council’s Landscape Adviser. 8.14 The LVIA found significant effects for the operational/under construction scenario, at four viewpoint locations, as follows: • Moderate and significant effects for road users at - Viewpoint 1 - A96 at junction of B9115; and Viewpoint 2 - Isla Way near Braehead. • Moderate and significant effects for residential receptors at Viewpoint 19 - Keith – Mid Street Conservation Area (street level views). • Moderate-Major and significant effects for residential receptors at Viewpoint 5 - Keith, Union Terrace and Viewpoint 19 - Keith – Mid Street Conservation Area (unobstructed upper storey views). • Major and significant effects for recreational receptors at Viewpoint 2 - Isla Way near Braehead. 8.15 Significant effects identified in the LVIA are considered to occur both as a result of the proposal on its own (introduced to the host LCT or in proximity views) and also cumulatively with the operational / under construction baseline. Where consented and cumulative schemes are visible from key landscape and visual Page 106
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receptors, they would often appear within a context and backdrop of existing wind energy development in the distant view, substantially limiting their cumulative influence or interaction when considering the additional effect of the Proposed Development. For the majority of landscape and visual receptors in the Study Area, the addition of the proposed development to the consented and application cumulative scenarios would not result in an alteration to the cumulative effect assessed against the operational baseline scenario assessed in the LVIA. 8.16 The LVIA sets out that the proposed turbine layout has been designed to minimise the effect on localised receptors taking care in positioning turbines to fit with the layout of Edintore, to maintain a cohesive spread of turbine development. The landscape and visual effects would be intensified within some views and parts of the landscape due to clear differences in scale between the existing Edintore turbines and the proposed turbines. The proposed design has made the best use of the hill forms on site to help to settle the proposed development into the topography to minimise these scale differences where possible. The compact nature of the layout also results in a small horizontal field of view when viewing the proposal from the wider landscape context. The proposal would be consistently viewed within the same context as the existing Edintore wind farm and as occupying a small part of the wider landscape context. 8.17 Moray Wind Energy Landscape Sensitivity Study (LSS) 2023 The LSS 2023 is a material consideration for development management purposes. The proposed development is located within Assessment Unit (AU) 9 Low Forested Hills, as defined in the LSS. The LSS utilises these LCTs to consider their sensitivity to wind turbine developments, albeit naming them Assessment Units (AU). The landscape comprises the predominantly forested broad upland plateaux and low hills which lie within and on the edges of AU8 Upland Farmland. AU9 is assessed as having a high sensitivity to turbines over 150m. 8.18 Constraints and guidance for development in this AU include: • The landmark hills of Bin of Cullen and Meikle Balloch – turbines sited on or close to these hills would detract from their form and the focus they provide in long views across eastern Moray. The SLA covering the Bin of Cullen recognises the scenic and recreational value of this distinctive hill. • The relatively limited extent of the low hills and ridges which increases the potential for landscape and visual effects on adjacent smaller scale and well-settled landscapes such as the Rolling Coastal Farmland (3), the Narrow Farmed Valleys (7), the Broad Farmed Valley (6) and the Upland Farmland (8) AUs. • The western parts of this Assessment Unit which are important in providing a backdrop to Fochabers, the Spey valley and Gordon Castle designed landscape. The western hills of the Wood of Ordiequish are covered by the Spey Valley SLA. 8.19 The Council’s appointed Landscape Adviser has undertaken a detailed review of the proposal. The assessment concludes that: Page 107
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8.20 Landscape Effects • The operational Edintore Wind Farm would be located sufficiently close to the proposed development so it would appear as a single development. The simple landform and landcover of the proposed development site and presence of the operational wind farm reduce the susceptibility of the Cairds Hill part of the Assessment Unit to further wind energy development. • While the effects of the proposed development on landscape character would be significant, these effects would not be extensive or of the greatest degree of severity due principally to the presence of the nearby operational Edintore Wind Farm. These effects would extend up to approximately 3km from the proposed development site. • Significant adverse effects would not arise on any other Landscape Character Types (LCTs). There would also not be any significant effects arising on designated or similarly valued landscapes. 8.21 Visual Amenity Effects • The association of the proposal with the operational Edintore wind farm and the distance of other consented and proposed wind farms limits potential for significant cumulative landscape and visual impacts to occur. • Significant adverse effects would arise on views from roads, residential properties and recreation routes within approximately 5km of the proposed development. These effects would particularly be noticeable from viewpoints 1 and 2 where the proposed turbines would be seen in close proximity and would appear as very large structures. • There would also be some significant adverse effects on views from parts of Keith (see viewpoints 5 and 19), including from the Keith Mid Street Conservation Area, where the much larger and closer turbines of the proposal would exacerbate the effects of the operational Edintore turbines which are already visible. In general, while views to the proposed development from Keith would be relatively close, they would be limited however due to the screening provided by buildings and topography. • Visible aviation lighting would be likely to increase the duration of significant visual effects on some close views, for example from viewpoints 1 and 2 and potentially from some surrounding residential properties. Further mitigation of visible aviation lighting, taking advantage of any progression in current negotiations with the CAA undertaken by other wind farm developers on Aircraft Detection Lighting System (ADLS) would significantly reduce the duration of lighting. The applicant should actively consider this as further mitigation to the proposal. • Significant adverse landscape and visual effects are likely to be relatively limited in number and extent and although there would be obvious disparities in the size of turbines in views from the north and southeast of the proposed development, a reasonably balanced appearance has been achieved between the operational and proposed turbines. 8.22 Effects on nearby residential properties • The submitted Residential Visual Amenity Assessment (RVAA) identifies 65 residential properties lying within 2km of the proposal. 45 residential properties were assessed in detail following an initial appraisal of the likely Page 108
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visibility of the proposed development. 7 of these properties were judged likely to receive a high magnitude of change (major, significant effects on visual amenity). None of these effects were judged to be sufficiently adverse however such that the proposed development would create an overwhelming or overbearing effect on the property due to factors such as orientation of principle elevations mainly facing away from the wind farm, distance and horizontal fields of views being narrow in most cases. 8.23 Cumulative Impacts • The association of the proposal with the operational Edintore wind farm and the distance of other consented and proposed wind farms limits potential for significant cumulative landscape and visual impacts to occur. 8.24 Proposed forest felling and restocking • The proposed forest restocking plan would result in significant reductions in the area of broadleaved and mixed woodland proposed in the baseline Forest Plan. There would also be an overall loss of woodland of 18.63ha which would require compensatory planting. The present forestry on Cairds Hill has limited species and age diversity and outer margins are angular and have a poor fit with landform. Improvements should therefore be made to the design of the forestry on the development site with this focused on external margins. Recommends that a revised felling and restocking strategy should be drawn up by the applicant which includes improved design of margins, incorporating more broadleaved planting to soften abrupt edges and that the proportion of broadleaves within the forest should also be increased so that it matches the hectarage in the baseline Forest Plan. 8.25 Landscape and visual impacts - Conclusion NPF Policy 11(e) requires project design and mitigation to demonstrate how impacts on communities and significant landscape and visual impacts are addressed. In terms of significant landscape and visual impacts, 11(e) (ii) states that such impacts are to be expected for some forms of renewable energy and where impacts are localised and/or appropriate design mitigation has been applied, they will generally be considered to be acceptable. NPF provides no guidance on the definition of what constitutes ‘localised’ effects. 8.26 Drawing from the above assessment, it is considered that the landscape and visual effects of this proposal would be localised in extent. Mitigation has been applied to the design of the proposal to alleviate some of the most severe landscape and visual effects through siting of the turbines, to fit with the layout of Edintore in order to maintain a cohesive spread of turbine development and make use of the hill forms on site to help settle the development into the topography. While the effects of the proposed development on landscape character would be significant, these would not be extensive or of the greatest degree of severity due to the presence of the nearby operational Edintore Wind Farm. 8.27 Given the limited significant adverse effects on the landscape character and visual amenity impacts, the proposal is considered to comply with the LSS 2023 subject to the recommendations set out in the Landscape Adviser’s assessment Page 109
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seeking investigation of further mitigation of visible aviation lighting, and provision of compensatory planting and a revised felling and restocking strategy. These matters will be addressed by conditions. 8.28 The significant localised landscape and visual impact of the proposal is therefore not considered to be contrary to NPF Policy 11. 8.29 Noise NPF Policy 11 (e) (i) and MLDP Policy DP9 (a) (ii) both require noise impacts of renewable energy development to be mitigated as part of the design of a development. This is also the case for NPF Policy 23 (Health and Safety) and MLDP Policy EP14 (Pollution, Contamination and Hazards), both of which require noise generated from proposed developments to be an acceptable level or suitably mitigated. Where this is not the case, development will not be supported. 8.30 Chapter 10 of the EIA Report considers noise from the construction and operation of the proposal. This has been prepared and assessed in line with national guidelines and current good practice, in consultation with Moray Council. 8.31 In terms of construction noise, this was scoped out of the detailed assessment as construction activities would not include the operation of an on-site borrow pit, in particular blasting and that sound levels from construction activities are expected to have a low noise impact due to the significant setback distance (greater than 600m) of the nearest sensitive receptors. There may be temporary noise impacts associated with track construction and construction traffic accessing the site, however these can be controlled and minimised though implementation of a Construction Environment Management Plan (CEMP) to be subject of a condition. 8.32 Predicted operational noise from the proposed wind turbines has been assessed and compared with relevant noise limits for the proposal acting in isolation, alongside cumulative impacts with other consented/operational wind farms in the area. Eighteen noise sensitive receptors were identified and included in the noise impact assessment. The assessment found that noise effects of the proposed development (either in isolation or alongside other windfarms) are not significant and would meet appropriate noise limits at all surrounding noise sensitive receptors. 8.33 The Environmental Health Section is content with the assessment and has raised no objection subject to conditions regarding control of noise immissions, and measures to address any complaints received; a monitoring scheme of noise immissions; a scheme to assist assessment/ regulation of amplitude modulation effects; construction activities including vehicle movements permitted only between 07:00 to 19:00 hrs, Monday - Friday and 07:00 to 16:00 hrs, Saturdays, and no working on Sundays or on national public holidays or bank holidays, unless otherwise agreed; submission/approval of a Construction Environmental Management Plan (CEMP) to control noise. 8.34 As such there is no conflict with the aforementioned policies in respect of noise. Page 110
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8.35 Shadow Flicker NPF Policy 11 (e) (i) and MLDP Policy DP9 (b) (ii) require impacts of renewable energy development to be either avoided or mitigated as part of the design of a development, including shadow flicker. Shadow flicker can arise from the passing of the moving shadow over a narrow opening such as a window of a nearby house. These flickering effects can cause disturbance and annoyance to residents. 8.36 Shadow Flicker effects can occur within 130 degrees either side of North and within 10 rotor diameters of the turbine position (1360m in this case). 8.37 Chapter 11 of the EIA Report assesses possible shadow flicker impacts as a result of the proposed development along with potential cumulative effects from the existing adjacent Edintore Wind Farm. Ten properties are assessed as being within the potential shadow flicker impact distance of the proposed turbines. With meteorological adjusted modelling of the proposed turbine locations no significant effects are anticipated on receptors. Should shadow flicker at nearby houses become problematic however the report recommends that this be managed through a condition that requires submission / approval of a mitigation scheme (i.e. the turbines be programmed to be shut down when shadow flicker events are predicted to occur). 8.38 The Environmental Health Section is content with this assessment and has recommended a condition that requires the wind farm operator to investigate and instigate appropriate mitigation measures to minimise the effects of shadow flicker should complaints be received regarding shadow flicker. 8.39 Natural Environment NPF4 Policy 3 and MLDP Policy EP2 requires development proposals to contribute to the enhancement of biodiversity, including where relevant, restoring degraded habitats, and building and strengthening nature networks and the connections between them. NPF4 Policy 3 (b) requires development that requires An Environmental Impact Assessment to demonstrate how the proposal will conserve, restore, and enhance biodiversity, including nature networks so they are in a demonstrably better state than without intervention. 8.40 NPF4 Policy 4 Natural Places states that development proposals that are likely to have an adverse effect on species protected by legislation will only be supported where the proposal meets the relevant statutory tests, with MLDP Policy EP1 Natural Heritage Designations having similar requirements. These also seek to protect international, national, or local environmental designations from inappropriate development, and where impacts are likely to occur for proposals to be subject to appropriate assessment. 8.41 NPF Policy 11 (e) (ix) and MLDP Policy DP9 (a) (iii) and (b) (ii) require renewable energy projects to ensure they do not have an adverse impact on ecology and biodiversity. 8.42 The site is not subject to any international, national, or local environmental designations, although natural heritage interests are present in the wider area. Page 111
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These include the Den of Pitlurg Site of Special Scientific Interest (SSSI) located 1.3 km to the south and Mill Wood SSSI 3.2km to the northeast of the site, designated for their upland birch woodland and valley fen features. Further afield, the Tips of Corsemaul and Tom Mor Special Protection Area and Site of special scientific interest lie 7.5km southwest of the site and have a single protected feature, namely breeding common gulls. 8.43 Chapter 5 and 6 of the EIA Report assess the potential impacts of the proposed development on ecological and ornithology interests on and around the site and are supported by desk-based studies, a Habitat Survey, protected species, bat and bird surveys. These predict no significant effects or adverse impacts, including cumulative effects subject to mitigation measures identified within the EIA being implemented. An Outline Habitat Management and Biodiversity Enhancement Plan (OHMBEP) and supplementary information (including Biodiversity Net Gain details) has also been submitted which details proposed habitat and conservation management measures. 8.44 The EIA Report identifies that 21.8ha of habitat will be lost due to the proposed development, with the largest area being coniferous plantation where the keyhole areas are proposed around the turbines. Measures to protect, mitigate and enhance habitats set out within the OHMBEP include new habitat creation in the form of low-lying native species rich mixed scrub within the keyhole areas, broadleaved woodland planting to compensate for loss of mixed woodland plantation, mixed native species rich scrub at the temporary construction compound once work is complete and grassland meadow. The plan focuses on solutions directly within the development site, although it is noted that there are opportunities beyond the confines of the site to provide significant biodiversity enhancement that would link and strengthen habitat connectivity. 8.45 Species surveys found signs of badger and bat activity on the site however no setts or roosts were recorded. No signs of other protected species were recorded, although it is noted that the site does provide suitable habitat. Bird surveys recorded species typical for that found within a commercial forestry plantation and none were recorded in such numbers at heights or locations to be considered at collision risk. These surveys also found that there are no predicted effects on statutory protected wildlife sites within the wider area, which include the Tips of Corsemaul and Tom Mor Special Protection Area and Site of Special Scientific Interest 7.5km south-west of the site. 8.46 The EIA report also sets out that proposal would have no adverse effects on the Den of Pitlurg Site of Special Scientific Interest (SSSI) and Mill Wood SSSI due to the separation distance with the proposed development and as they would have no direct connectivity to the development site. 8.47 The applicant proposes a range of mitigation measures and adherence to good practice measures during construction and operation to minimise ecological impacts from the proposal during construction and operation. These include the following: Page 112
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• Appointment of a suitably qualified and experienced Ecological Clerk of Works (ECoW) to provide ecological and environmental advice during construction • Pre-construction surveys for protected species, including otter, badger, water vole, red squirrel and wildcat to provide up-to-date information regarding the distribution and abundance of the protected species, and Species Protection Plans (where required). • Provision of Habitat management and monitoring plan to protect and enhance good quality habitat and effective hydrological connectivity to sensitive mire, marsh habitats and watercourses. • Implementation of a Construction Environmental Management Plan (CEMP) and pollution prevention measures. • Construction activities taking place within the bird-breeding season (1st March to 31st July inclusive) to be subject to a breeding bird survey by a suitably qualified ecologist or ECoW before construction commences. 8.48 NatureScot has been consulted and has advised that it notes that there are natural heritage interests of national and international importance approximately 7.5 kilometres from the site (i.e. Tips of Corsemaul and Tom Mor Special Protection Area and Site of Special Scientific Interest), however these are unlikely to be adversely affected by the proposal. 8.49 From the above considerations and subject to planning conditions requiring implementation of the mitigation measures, the proposal is not considered to result in unacceptable significant adverse effects on nature conservation (ecological and ornithological interests) and would accord with development plan policies NPF policies 3 and 4, and MLDP policies EP1, EP2 and DP9. 8.50 Hydrology, Hydrogeology and Geology NPF4 22 Flood Risk & Water Management advocates use of SUDs to ensure surface water does not increase flood risk to itself and others. Drainage and flood risk requirements are set out in MLDP Policies PP3 Infrastructure and Services, DP1 Development Principles, EP12 Management and Enhancement of the Water Environment. Policy EP14 Pollution Contamination Hazards outlines requirements for managing pollution and contamination within development proposals. NPF4 Policy 5 Soils and EP16 Geodiversity and Soil Resources state that developments should minimise disturbance to peat and other carbon rich soils, although Policy 5 allows for renewable energy development on peatland subject to provisos. Policy 11 Energy and DP9 Renewable Energy require renewable energy proposals to avoid adverse or address unacceptable significant adverse impacts on the water environment and carbon rich soils / peatland hydrology. 8.51 Chapter 9 of EIA Report Hydrology and Hydrogeology considers the potential effects of the proposed development on surface water and groundwater. This includes a preliminary drainage strategy to show how surface water will be managed on site. The EIA sets out that through careful design of the site layout and the implementation of the mitigation measures proposed (outlined below) Page 113
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any potential risks to the water environment will be avoided and impacts will be negligible. 8.52 The proposed development occupies an elevated commercial forested area and is not at risk from fluvial flooding. There is some risk of localised pluvial (surface water flooding) along the watercourses that flow downhill to the north of the site. With the exception of one watercourse crossing, these do not intersect with proposed infrastructure. 8.53 Generally, any potential effects from the proposed development are expected to occur during the construction phase, at areas where infrastructure is proposed, with more limited effects during the operational and decommissioning phases. These include impacts on surface water run-off characteristics and water quality, soil erosion, accidental spillages/concrete/pollution/sedimentation entering ground water and surface water environments, effects on private water supplies and abstractions, increased flood risk, and damage to groundwater dependent terrestrial ecosystems (GWDTE's). Where possible, these have been mitigated by environmental measures incorporated within the design of the scheme itself, and where initial impacts are not alleviated, through additional proposed mitigation measures. These measures are summarised as follows: • Use of existing tracks as much as possible, with new track layout designed to minimise length. • Provision of 50m buffer zones around watercourses except where there are watercourse crossing(s). • Inclusion of 50m micro siting allowance to enable small adjustments to the site layout to avoid small pockets of GWDTE. • Implementation of drainage strategy for turbines, track, hard standing and cable laying works; new access track cross drainage with clean water cut-off ditches, culverts, infiltration trenches, silt traps, rock dams etc. • Implementation of a Private Water Supply Management Plan. • Appointment of an Environmental Clerk of Works (EnvCoW) during construction. • Development/implementation of a Construction Environmental Management Plan (CEMP), Pollution Prevention Plan (PPP) and Construction Method Statements (CMS) to focus on good practice mitigation measures and identify measures to prevent or minimise effects on the environment including pollution prevention and environmental monitoring arrangements. 8.54 The Private Water Supply Assessment and supplementary information (with input from the Private Water Section) has identified 11 private water supplies (PWS) within 1.2km of the proposed development. To address any potential adverse impacts from construction the applicant proposes to implement a private water supply management strategy (PWSMS), with mitigation to include further investigations where required, pre-construction sampling and where a water supply is affected during the three stages development provision of mitigation to resolve impacts. The Private Water Section, following consultation has raised no objection, subject to a condition requiring the submission and approval of final details of the Private Water Supply Management Plan, to include mitigation Page 114
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identified in EIA Chapter 9, associated supporting information and remediation measures to any affected supplies. 8.55 Several potential Ground Water Dependent Terrestrial Ecosystem communities (GWDTE) (M23 rush pasture and U4 grassland) were identified on the site at a watercourse adjacent to the forestry track and on the hilltop on the south-eastern part of the site. To minimise impacts on these habitats, mitigation and pollution prevention plans will be implemented as part of the CEMP to avoid pollution of watercourses and other areas of vulnerability such as steep gradients. 8.56 There are no areas of peat within the development site. Given that the study area for the application is fully underlain with mineral soils it is not anticipated that the proposed development would have an impact on any carbon rich soils. 8.57 In terms of flood risk the EIA Report concludes that the proposed development would not result in increased flood risk both on and off the site, due to its location outwith any fluvial flood risk area and proposed on site drainage arrangements. 8.58 SEPA has not objected to the development in terms of its key interests (which include ground water abstractions, peat management, engineering activities in the water environment, pollution prevention and environmental management, borrow pits and GWDTE), subject to a condition requiring implementation of the mitigation methods proposed in EIA Chapter 9 i.e. mitigation through embedded design (drainage arrangements) and construction, with implementation of the CEMP and a Pollution Prevention Plan (PPP). These will outline mitigation measures to mitigate potential impacts on the ground and surface water environment, and address reinstatement and restoration, decommissioning, contractor duties, toolbox talks, pollution prevention and mitigation, adherence to Control of Substances Hazardous to Health Regulations, pollution monitoring and controls and a Site Waste Management Plan. 8.59 Scottish Water has raised no objection to the proposal and has advised that the proposed development falls within a drinking water catchment area (Burn of Davidstone) which supplies the Herricks Water Treatment Works (WTW). It confirms that water quality protection measures should be implemented to ensure that water quality and water quantity in the area are protected, and in the event of an incident occurring that could affect Scottish Water infrastructure, it be notified immediately. It also requests involvement in the more detailed design stages of the application and on what asset protection and pollution prevention plans will be implemented. These comments shall be issued with the decision notice. 8.60 The Council’s Contaminated Land, following consultation, has raised no objection to the proposal. 8.61 The Flood Risk Management Section has raised no objection in terms of flooding and drainage impacts and has recommended that informative comments be attached to the decision notice requiring any watercourse crossing or drainage Page 115
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channels beneath the road to be designed to allow an unrestricted flow for events up to a 0.5% AEP including climate change. 8.62 No foul water drainage is proposed. Site compound facilities (sinks and toilets) will be self-contained. The Building Standards Manager has advised that a warrant would be required for the control building. 8.63 Drawing from the above and subject to the recommended conditions, the proposal is not considered to result in unacceptable significant adverse effects on hydrology, hydrogeology and geological (drainage, flooding, pollution prevention, contamination and peat) interests and would accord with development plan policies NPF4 22, 5, 11 and MLDP PP3, DP1, EP12, EP13, EP14, EP16 and DP9. 8.64 Cultural Heritage and Archaeology NPF Policy 7 (Historic Assets and Places) and MLDP Policy EP8 (Historic Environment) seeks to protect historic and archaeological assets. MLDP Policy EP10 (Listed Buildings) states that development proposals will be refused where they would have a detrimental effect on the character, integrity or setting of a listed building. Structures such as windfarms have the potential to affect the setting of listed buildings other cultural heritage assets some distance away. 8.65 Chapter 8 of the EIA Report considers the potential effects on cultural heritage and archaeological impacts (both physical and setting impacts) from the proposed development. 8.66 In terms of physical effects, no features were found to be within the direct area of construction although some features are within 50m of proposed infrastructure and 200m of the proposed turbines. As such mitigation in the form of fencing of heritage assets and watching briefs is proposed. The Aberdeenshire Council Archaeology Service have recommended conditions requiring submission and approval of details of protective fencing around identified archaeological sites during construction and a programme of archaeological works (watching brief over groundbreaking works in proximity to archaeological site and formation of foundations for T4 and associated track/cable. 8.67 For setting effects, there were no significant impacts found on the setting or historical appreciation of any features within the site, within the 10km study area or on those features that were considered beyond 10km. Similarly, no significant impacts were found on any other features of high or medium sensitivity. This includes effects found on Scheduled Monuments, Category A and B Listed Buildings, Conservation Areas, Inventory Battlefields and Gardens and Designed Landscapes. 8.68 The assessment notes that the majority of more sensitive features of cultural heritage (conservation areas and listed buildings) are situated within the settlement of Keith, however any impacts would be limited due to a combination of intervening distance, and screening provided by topography, vegetation and existing buildings in the town. It also notes that the existing operational wind turbines at Edintore have some level of impact on the present day setting of the Page 116
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historic and cultural features in the area, and that the addition of the four proposed turbines in a similar part of the landscape would not exacerbate these existing impacts. 8.69 Historic Environment Scotland’s (HES) remit includes considering the impact of developments on the setting of Category A listed buildings and Gardens and Designed Landscapes, and following consultation, considers that the proposals would not raise historic environment issues of national significance and has therefore raised no objection. 8.70 From the above considerations the proposal would not adversely impact the historic environment interests and would accord with NPF4 Policy 7 and MLDP Policy EP8. 8.71 Access, Traffic and Transport NPF4 Policy 13 Sustainable Transport and MLDP Policy PP3 Infrastructure and Services and DP1 Development Principles set out requirements to ensure that transport impacts from development are acceptable, with mitigation where required. Regarding energy developments, NPF Policy 11 (e) (vi), and MLDP Policy DP9 (a) (iii) require proposals to consider impacts on the road traffic and the road network. 8.72 The Traffic and Transport Assessment contained in Chapter 13 of the EIA Report outlines the potential impacts of the proposal on the local road network and highlights whether mitigation measures are required to minimise potential disruption. 8.73 The assessment identifies two access routes to the development, one for abnormal load deliveries (AiLs) and the other for HGV traffic associated with the proposed development. The wind turbine components (AiLs) would be delivered through Peterhead Port and transported to site. Two access options are proposed. The first, Option 1, would connect to the site via the B9115 and is reserved for abnormal load (ABL) vehicles for turbine delivery and HGV construction traffic. Option 2, via Blackhillock Road (U43H), is intended for standard construction and operational traffic, including staff and standard deliveries. Once on-site, each turbine location will be accessed via existing and upgraded access tracks and new access tracks. 8.74 The assessment confirms that the requirement for construction material deliveries would be spread throughout this period, with deliveries scheduled to avoid peak hours. Whilst delivery routes will vary depending on the source of the materials, the assessment anticipates that the majority of HGV vehicles will follow a similar route to the turbine delivery vehicles. The applicant also proposes to source stone from local quarries for access tracks and hardstanding areas. 8.75 In the event of planning permission being granted, an Abnormal Load Routing Plan (ALRP) and Construction Traffic Management Plan (CTMP) will be produced and agreed with the Council. These documents will include a finalised work programme, schedule of deliveries and any required detailed management Page 117
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measures. The assessment identifies no significant effects as a result of construction and that turbine components can be safely delivered to the site, with finalised management plans to be agreed with the Council and other stakeholders, post permission. 8.76 The applicant has submitted updated drawings and information in relation to abnormal delivery routes, visibility splay provision and queries on the Access, Traffic and Transport report following discussions with the Transportation Section. The Transportation Section following review of this information has raised no objection, subject to conditions requiring submission/approval of further information and mitigation in respect of provision of visibility splays, a Construction Traffic Management Plan, a wear and tear agreement with a financial guarantee, detailed finalised proposals of abnormal load trial run(s) and upgrades to the local road network to accommodate abnormal/heavy deliveries. 8.77 Transport Scotland, following consultation, has raised no objection subject to conditions requiring agreement of proposed route for any abnormal loads on the trunk road network, measures to accommodate abnormal loads on the trunk road, signing or temporary traffic control measures to be undertaken by a recognised QA traffic management consultant and a Construction Traffic Management Plan including swept path analysis to ensure that abnormal loads can be transported along the trunk road network. 8.78 Aberdeenshire Council has also raised no objections to the proposal, subject to a condition requiring submission / approval of a Site-Specific Route Access Report and Construction Traffic Management Plan which would affect Aberdeenshire Road networks. 8.79 Subject to the conditions recommended above, the proposal complies with NPF Policies 13 and 11 (e) (vi), and MLDP Policies PP3 (a) (vi), DP1 (ii) and DP9 (a) (iii). 8.80 Aviation and Radar Policy EP15 MoD Safeguarding states that development proposals must not adversely impact upon MoD operations and requires consultation with the Defence Infrastructure Organisation on any proposals within safeguarding consultation zones. Policy DP9 seeks to ensure that renewable energy proposals avoid any impacts resulting from aviation and defence constraints including flight paths and aircraft radar. 8.81 Chapter 12 of the EIA Report considers the potential effects of the proposed development on existing and planned military and civil aviation activities, including those resulting from impacts to radar and the potential effects resulting from the physical presence of the turbines as obstacles. The aviation and radar assessment predicts that effects to Ministry of Defence (MOD) radar systems at RAF Lossiemouth are likely to occur which will require mitigation. No other impacts on civilian aviation interests are anticipated. 8.82 In terms of civil aviation interests, neither Aberdeen nor Inverness Airport Ltd Safeguarding have objected to the proposal. For en-route air traffic control Page 118
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services, National Air Traffic Systems initially objected to the proposal on the grounds that it would cause an adverse impact to the Perwinnes radar and the associated air traffic operations without suitable mitigation. This has now been withdrawn however following an agreement between NATS and the applicant and for suspensive planning conditions to be imposed requiring the submission/ approval of the design and implementation of an identified mitigation solution in relation to the development. 8.83 For military aviation, the MOD initially objected on the grounds that the proposed development would have an adverse impact upon the Air Traffic Control radar sited at RAF Lossiemouth. To address this matter the applicant has entered into discussions with the MOD and submitted a technical mitigation proposal for its consideration. This has been assessed by the MOD and has allowed it to remove its objection, subject to conditions requiring the submission/approval of an Air Traffic Control Radar Mitigation Scheme (ATCRMS) to mitigate the impact of the development upon the operation of Air traffic control radar systems used by RAF Lossiemouth and MOD air traffic control operations, implementation of the ATCRMS prior to operation of any wind turbine, an aviation lighting scheme covering construction and operational phases to maintain civil and military aviation safety requirements, and a scheme for aviation charting and safety management confirming date of commencement of works, maximum height of construction equipment, date wind turbines are brought into use and final coordinates and maximum heights of wind turbines and any anemometer mast(s). 8.84 From the above and subject to the conditions recommended, the proposal is not considered to result in unacceptable significant adverse effects on military and civilian aviation and would accord with policies DP9 and EP15. 8.85 Socio-Economics, Tourism and Recreation NPF4 Policies 11 Energy and 25 Community Wealth Building state that proposals will only be supported where they maximise net economic impact, contribute towards local/regional community wealth building strategies and are consistent with local economic properties. 8.86 Policies 11 and DP9 seek to ensure that renewable energy proposals avoid any unacceptable significant adverse impacts on tourism or recreational interests. 8.87 Chapter 14 of the EIA report evaluates the potential effects of the proposed development on socio-economics, tourism and recreation. This predicts that the proposed development will have a minor impact on tourism and recreation and an overall beneficial impact on the local economy. 8.88 The report predicts that the socio-economic impacts will be positive during the construction stage, and negligible during subsequent operation and maintenance stages, providing up to 22 jobs across all three stages. A Community Wealth Building Plan (CWBP) has been submitted in support of the application setting out how the proposal maximises local employment and skills opportunities and stimulates local supply chain opportunities through construction and operational stages of the development. A condition shall be attached requiring submission Page 119
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and approval of an updated CWBP which includes a monitoring statement. On this basis the proposal complies with NPF4 Policies 11 (c) & 25 and associated Moray PPG. 8.89 For tourism impacts, the report predicts some disruptions to road networks from construction traffic in addition to visual/noise impacts from workers, machinery, and on-site activity. Once constructed, the main impact to tourism would be the visual impact of the turbines themselves. In total, 9 tourist receptors were assessed including the Keith and Dufftown Railway, and Drummuir Castle & Estate. Overall, it was concluded that there would be a minor level of effect on these receptors due to screening from undulating topography, trees and buildings affecting Intervisibility, and separation distance. 8.90 In terms of impact on recreation, eight receptors were assessed, which included amongst others, Cairds Wood, several core paths in the surrounding area and golfing and fishing facilities. The report found that there could be a moderate impact on Cairds Woods during construction, but otherwise, there would be a minor level of effect on recreation receptors in the area due to screening factors and separation distance. 8.91 Following consultation, the Moray Access Manager has not objected to the proposal. 8.92 From the above, the proposal subject to the conditions identified is considered to accord with policies 11, 25 and DP9 in terms of socio-economic, Recreation and Tourism Interests. 8.93 Forestry NPF Policy 6 Forestry, Woodland and Trees seeks to protect and expand forests, woodland and trees. Policy EP7 Forestry, Woodlands and Trees is relevant to the issue of any felling that may take place. 8.94 Chapter 14 of the EIA report evaluates the potential effects of the proposed development on the woodland resource. The assessment identifies areas of forest to be removed for the construction and operation of the Proposed Development and outlines the proposed management practices, while identifying the likely restocking proposals and future land management of the remaining forest. 8.95 The forestry study area extends to 141.76ha and is comprised of state owned and managed Woodlands. The report identifies that the woodlands within the proposed development site are recorded in both the Ancient Woodland Inventory Scotland and the Native Woodland Survey of Scotland. These areas are not in a favourable condition and have been managed as commercial woodlands, with approval for both felling and restocking within these areas being granted under previous Land Management Plans. 8.96 A total of 22.09ha of woodland requires to be felled to facilitate the proposed development. Restocking proposals result in an overall decrease of 18.63ha of woodland which will require compensatory planting to comply with the Scottish Page 120
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Government's Control of Woodland Removal Policy. The Applicant has confirmed its commitment to providing appropriate compensatory planting, to be agreed with Scottish Forestry and Moray Council, taking into account any revision to the felling and restocking plans prior to the commencement of construction. This will require to be carefully sited within Moray and subject to the highest standards of design and take into account the Council's Woodland and Forestry Strategy in terms of site selection to minimise potential impacts on Special Landscape Areas (SLA’s) that can be sensitive to some forms of productive forestry. Consideration will also need to be given to improving the design of the margins incorporating more broadleaved planting to soften abrupt edges (where possible) as recommended by the Council’s landscape advisor. A condition shall be attached to address these requirements. 8.97 Scottish Forestry (SF), following consultation, has raised no objection to the proposal subject to a condition requiring the submission and approval of compensatory planting proposals prior to any felling, to include timescales associated with restocking and full details of proposed ground preparation, proposed protection of palatable species and commitment to providing evidence of provenance, demonstrating that the trees are suitable for the site. 8.98 The proposal subject to the above conditions would accord NPF4 Policy 6 and MLDP Policies EP7 and DP9. 8.99 Other Issues Chapter 16 of the EIA considers the impact of the development in relation to other issues, specifically, telecommunications, utilities/services, carbon balance and safety. 8.100 Telecommunications NPF4 Policy 11 and Policy DP9 seeks to ensure that renewable energy proposals avoid any unacceptable significant adverse impacts on telecommunications and broadcasting installations. 8.101 The EIA report predicts no likely effects upon telecommunications for Ofcom and Arqiva related infrastructure. It notes however that the Joint Radio Company (JRC), responsible for the radio spectrum used by the UK Energy Industry (SSEN), have identified a link that the proposal may conflict with. To address this matter, a range of mitigation measures are available to handle any interference, which may include rerouting signals around the proposed wind farm, and these would be implemented prior to wind farm operation. 8.102 Following consultation, and as highlighted above, JRC, on behalf of SSE (Distribution), initially objected to the proposal due to potential interference with operational radio signals essential to electricity distribution. Following discussions, the applicant submitted mitigation measures which have been agreed in principle through a legally binding agreement with SSE. On this basis, the objection has been withdrawn, subject to a condition requiring submission and approval of a Scheme of Interference Mitigation Works to safeguard SSE Distribution’s telecoms infrastructure. Page 121
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8.103 Subject to the above condition, the proposal is not considered to result in unacceptable significant adverse effects upon telecommunications infrastructure and assets and electromagnetic interference and would accord with policies 11 and DP9. 8.104 Utilities/Services NPF4 Policy 23 Health and Safety and MLDP Policy EP14 Pollution contamination and hazards seek to mitigate risk arising from safety hazards such as major accident pipelines. 8.105 The EIA Report notes the presence of a Scotland Gas Network high-pressure mains gas pipe in the north of the site, and several SSEN overhead transmission lines located to the east of the landholding, originating from the Blackhillock substation near the north-eastern corner of the site. However, the design process has ensured that appropriate separation buffers have been implemented to ensure the development complies with relevant guidance regarding overhead electricity lines. On this basis, the report anticipates that the proposed development will not result in interference with any infrastructure. 8.106 Scotland Gas Networks has raised no objection to the application and has confirmed within its consultation response that notification requirements at each stage of the design process have been agreed with the Developer, which include submission of a Design Report that will detail fault mitigation for the site, if required. Adherence to these arrangements shall be addressed by a planning condition. 8.107 Scottish and Southern Electricity Networks (Transmission) has raised no objection, subject to a condition requiring submission/approval of a finalised Construction Traffic Management Plan (CTMP) in consultation with SSEN, noting that the developer proposes to use an access to construct the proposed development which lies within SSEN ownership and is essential for access to nearby critical national infrastructure, including a strategically important Blackhillock substation and associated overhead lines. It has also advised that it is content that the proposed positioning of the turbines could be operated without undue detriment to the continued safe operation of nearby overhead lines. 8.108 Based on the above, subject to the conditions recommended, the proposed development would accord NPF4 Policy 23 and MLDP Policy EP14. 8.109 Carbon Balance NPF4 Policies 1 and 2 require significant weight to be given to the climate and nature crises in the assessment of all applications and requires climate mitigation from all development. The proposal is for a renewable energy development which will help to secure a sustainable clean energy supply and contribute towards net zero targets. 8.110 In compliance with NPF4 Policy 2 and associated Moray PPG, a Carbon Statement has been submitted which sets out how the proposed development minimises Page 122
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emissions and any barriers to achieving net-zero. To mitigate potential effects during construction, a Construction Environmental Management Plan (CEMP) will be implemented ahead of construction outlining environmental best practises, such as the efficient processing and re-use of reclaimed materials on site whenever feasible, incorporating training and contractual obligations and adopting high standards of environmental protection and water management. To satisfy policy, a condition shall be attached requiring submission of the CEMP, which should include the commitment that greenhouse gas emissions are minimised during all phases of the development. 8.111 Safety A safety section within the EIA Report outlines the procedures that will be put in place and followed to ensure the safety of the workforce and the public; this covers approach to safe operation and maintenance, turbine safety, safe operation, safety during adverse weather conditions and public safety. 8.112 In terms of risk of ice throw (ice falling or being thrown from a turbine during particular circumstances) the EIA report considers this to be low. An ice detection system to be installed on the turbines will ensure they are deactivated if there is a risk of ice throw. As a further safety measure, notices at access points alerting members of the public of potential risks under certain conditions will be provided. 8.113 The development site is an area of open agricultural land with scattered farmsteads, forestry and an operational wind farm. In terms of access, the potential for interaction between members of the public and the development are low. The site’s location has been given detailed consideration throughout the design process and appropriate separation has been included between all infrastructure elements and the nearest residential receptors, paths, public rights of way and any other access points to the development site. 8.114 The assessment undertaken shows that there are no likely significant effects on human health through the safe operation of the proposed development. 8.115 Developer Obligations No planning obligations contributions are due as such development would not have any impact on community facilities, schools etc. 8.116 Decommissioning and Restoration NPF Policy 11 (e) (xi) and MLDP Policy DP9 (b) (ii) both require renewable energy developments to provide appropriate provision for decommissioning and restoration, whilst NPF Policy 11 (e) (xii) requires proposals to include measures to safeguard or guarantee availability of finance to effectively implement decommission and restoration. 8.117 Permission is sought for a 40-year period and if permitted recommended conditions will require appropriate mitigation of the site. Chapter 2 of the EIA Report outlines information in relation to site reinstatement and decommissioning. This would entail provision of details of site restoration within the CEMP to be provided prior to commencement of construction, and Page 123
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preparation of a decommissioning plan prior to the end of the life of the proposed development in line with planning conditions. A condition is recommended which seeks a bond or other form of financial guarantee to ensure sufficient funds are available to cover all costs of site decommissioning and re-instatement, the latter to be reviewed at regular intervals during the lifetime of the development to ensure it remains sufficient to meet the costs of decommissioning. 8.118 Based on the above assessment and subject to the condition the proposal is considered to comply with the decommissioning and restoration requirements of Policies 11 and DP9. Conclusion This proposed development represents an acceptable renewable energy development proposal. The proposal accords with national and local planning policy regarding the expansion of renewable energy and will make a contribution towards meeting renewable energy targets, addressing climate change. The proposed development is likely to result in significant adverse landscape and visual effects; however, these would be limited in number and extent and, although there would be disparities in the size of turbines in some views when viewed alongside the operational wind turbines at Edintore immediately to the south, a reasonably balanced appearance has been achieved through the design layout. From detailed assessment and subject to conditions to avoid or mitigate any significant impacts, the proposal satisfies policy requirements set out in the National Planning Framework 4 and the Moray Local Development Plan 2020, relating to the natural and built environment, residential amenity, cultural heritage, woodland removal, the water environment, transport, noise, aviation, telecommunications, socio-economic, recreational and tourism interests. Subject to the conditions identified the application is recommended for approval. Page 124
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REASON(S) FOR DECISION The Council’s reason(s) for making this decision are: - The Proposal accords with the relevant policies of National Planning Framework 4 and the Moray Local Development Plan 2020, and there are no material considerations that indicate otherwise. EIA Reasoning for decision Moray Council’s Assessment of the information presented within the EIA Report and other environmental information in relation to the development is contained within Report of Handling. It is considered that the development will not have any significant impacts on the environment. Moray Council is satisfied that other effects/issues can be addressed by way of mitigation. A detailed description of the proposed mitigation is contained within the EIA Report and this Report of Handling. Author/Contact Officer: Richard Smith Principal Planning Officer Ext: 01343 563256 Neal Macpherson Acting Service Manager, Planning and Building Standards (Job Share) Page 125
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Report to: Planning and Regulatory Services Committee Meeting Date: 21 October 2025 Report by: Executive Director Economy Enterprise and Operations Report No: EGD023/25/MW Author: Matthew Watt Contact Email: Matthew.Watt@moray.gov.uk Subject: Local Place Plans Update 1. PURPOSE ☐ For Decision ☒ For Information 1.1 The purpose of this report is to inform the Committee about the legislative framework surrounding Local Place Plans, their significance, the current status of these plans in Moray, and the proposed next steps. 1.2 This report is submitted to this Committee in terms of Section III (E) (2) of the Council’s Scheme of Administration relating to reviewing or preparing all Local Development Plans including the Council Report and an Environmental Charter for submission to the Council. 2. SUMMARY 2.1 Local Place Plans (LPPs) are optional, community-led plans that outline local development priorities in Moray. Once registered, they must be considered in the new Local Development Plan (LDP), though not all proposals will be adopted. LPPs carry limited weight in planning decisions until reviewed through the LDP process. Moray Council has supported community groups in creating LPPs, which vary in detail and include both planning and broader community goals. 3. BACKGROUND AND CONTEXT 3.1 LPPs were introduced by the Planning (Scotland) Act 2019, which contains a new right for communities to produce their own plans as part of the new Scottish planning system. LPPs contain the community’s proposals for the development and use of land and provide an opportunity for communities to feed into the planning system with ideas and proposals. It is important to note that these are community-led plans, developed by a constituted community body. The creation of LPPs is optional for community groups, and there is no Page 127
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obligation for every community to produce one. There is no requirement for Local Authorities to seek LLPs for all communities within their area. 3.2 Moray Council recognise and appreciate the significant contributions made by communities across the region in the preparation of Local Place Plans. These plans represent a substantial investment of time, energy, and resources by local residents and groups, reflecting a strong commitment to shaping the future of their places. The Council recognises that this community-led input is essential to the planning process, offering valuable insights into local priorities, aspirations, and opportunities. The development of Local Place Plans demonstrates the strength of local engagement and provides a foundation for more responsive and inclusive decision-making. These plans will help to inform the forthcoming LDP and also provide an opportunity for local communities to gather ideas that they can develop themselves. 3.3 It is also important to emphasise that LPPs offer another opportunity for communities to contribute to the planning system. This is in addition to earlier opportunities, such as through the Evidence Report (EvR) and the Call for Ideas, and ahead of the chance to make representations to the Proposed Plan. 3.4 Moray Council is preparing a new LDP. This new LDP will replace the Moray Local Development Plan 2020 and will set out a place-based approach for the whole of Moray. 3.5 Moray Council is required to consider any LPP that has been formally registered. Once registered, there is a legal obligation to take these plans into account during the preparation of the LDP. However, it is important to note that while some elements of an LPP may be incorporated into the LDP, not all proposals will necessarily be taken forward. 3.6 Moray Council are not able to assess the planning merits or deliverability of Local Place Plans at the validation and registration stage. That level of evaluation can only take place through the LDP process, as reflected in Planning Circular 1/2022: Local Place Plans. This distinction is important to manage expectations and clarify the role of the LPP process within the broader planning system. 3.7 Materiality of Local Place Plans Registered LPPs are community led plans that reflect the community’s aspirations for land use matters. They are a community plan. The planning authority will consider the planning merits and deliverability of the LPP proposals through the preparation of the new LDP. 3.8 LPPs will be a material consideration but limited weight will be attributed to registered LPPs in the planning application process prior to them being considered through the new LDP. It will be up to an individual or community body making a representation on a planning application to consider raising a matter linked to their LPP for it to be taken into consideration in the determination of a planning application. The reason for this is as outlined above and in light of this, until fully evaluated through the LDP process LPP proposals can only hold a limited weight and it is for the community body to highlight any links to specific planning proposals, through the statutory planning procedure. Page 128
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3.9 Process In accordance with national planning legislation (the Town and Country Planning (Scotland) Act 1997 as amended by the Planning (Scotland) Act 2019 & and the Town and Country Planning (Local Place Plans) (Scotland) Regulations 2021) and planning guidance (Circular 1/2022: Local Place Plans), LPPs must be formally registered with Moray Council to be taken into account in the preparation of the LDP. Community bodies must submit their completed LPP along with the Local Place Plan Validation and Registration Checklist confirming that statutory requirements have been met, including evidence of community engagement and alignment with or departure from relevant policies. Once received, the Council will review the submission to ensure it meets the necessary requirements, and if so then validate and register the LPP. 3.10 Moray Council played a proactive role in supporting communities to prepare LPPs. The Strategic Planning and Development team and Community Support Unit provided advice, resources, and facilitated quarterly meetings to help community bodies identify local priorities, develop proposals, and help understand NPF4, the LDP and other local community plans. This support included the provision of background information and templates, as well as officer input at key stages of plan preparation. 3.11 Where a proposal originates from the community, it is important to clarify that the expectation is for the community body to take the lead in its delivery. The Council will aim to provide support where possible, subject to the availability of resources within the relevant services. 3.12 The next stage in the LPP process will focus on the assessment of community ideas to determine their alignment with statutory planning frameworks, local priorities, and resource feasibility. This evaluation will inform the selection of proposals for integration into the emerging LDP. The inclusion of these elements in the LDP will ensure that the LPP contributes to spatial planning policy and development proposals and reflects the aspirations of the local community within the broader strategic planning context. 3.13 The LPP proposals taken forward or not, and the reasoning for this, will be set out with the Proposed LDP when it is presented to Council in Q1 2026/27. A Members’ Briefing will be held in advance of the Council meeting to provide an overview of the LPPs. This session will offer Members the opportunity to discuss the content of the LPPs, ask questions, and gain a clearer understanding of the proposals being brought forward. The aim is to ensure Members are well-informed ahead of any consideration at committee. 3.14 The LLP’s and additional information are accessible via the LLP’s website. Local Place Plans - Moray Council. 3.15 Moray Local Place Plans As noted, LPPs are community-led initiatives that outline a community vision for the development and improvement of a local area. The plans submitted typically include a set of clearly defined actions aimed at addressing local priorities such as housing, transport, green spaces, and community facilities etc. Each action is accompanied by identified lead partners—such as the community group, Moray Council, businesses, or third-sector parties—who are responsible for leading on a specific action. As mentioned above, the evaluation of options and the feasibility of proposed actions will be considered as part of Page 129
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the LDP process. This is particularly important as several lead agencies identified in the plans have not yet confirmed their commitment to these actions. 3.16 In addition to planning-related content, the submitted LPPs also incorporate non-planning information that reflects broader community aspirations, including initiatives related to health and wellbeing, education, climate resilience, and social inclusion. Although some of these actions may not be taken forward into the Local Development Plan, they may form the basis for community actions outwith the formal planning process. Thus, in some cases the LPP’s promote additional initiatives, outwith the remit of the Local Development Plan, however this recognises the multi layered approach of the LPP’s. 3.17 It is acknowledged that there are a number of other community plans that cover similar geographic areas to the submitted LPPs. There are overlaps between the LPPs and the various community plans, and in some cases previous community plans have directly informed the contents of the LPP. All relevant community based plans will be assessed as part of the development of the LDP. Similarly, any actions contained within Locality Plans will be assessed and considered as part of the LDP process. The Locality Plans within Moray do not directly relate to the submitted LPPs; No LPPs have been received for Elgin or Buckie. 3.18 A diverse range of LPPs have been submitted by communities across Moray, reflecting the unique character, priorities, and aspirations of each area. These plans vary in scope and focus—from wide rural areas identifying opportunities for improved transport links and community facilities, to settlements proposing more complex strategies around housing, active travel, and economic development. Some LPPs are highly detailed, with mapped proposals and delivery frameworks, while others take a more thematic approach, highlighting key issues and ambitions. It is worth noting that not all proposals are related to land use and cannot be considered as part of the LDP process. 3.19 The following Local Place Plans have been formally registered: Burghead and Cummingston Cabrach Cullen and Deskford Finderne Findhorn Ecovillage Findhorn Forres Lossiemouth Portgordon No other communities are known to be currently developing Local Place Plans. 4. SUMMARY OF IMPLICATIONS 4.1 The table below shows whether risks and implications apply if the recommendations are agreed: SUBJECT YES NO Page 130
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Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) X Policy and Legal X Financial X Risk X Staffing X Best Value and Transformation X Property X Information Communications Technology/Digital X Equalities. Social Inclusion and Economic Impact X Climate Change and Biodiversity Impact X 4.2 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 4.3 Policy and Legal The proposals support the delivery of the statutory Moray Local Development Plan 2027 and National Planning Framework 4. 4.4 Financial None arising from this report. 4.5 Risk None arising from this report. 4.6 Staffing Local Place Plans are developed by community groups with support from the Strategic Planning and Development Plan team and Community Support Unit. There are no staffing implications arising from this report. 4.7 Best Value and Transformation None arising from this report. Page 131
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4.8 Property None arising from this report. 4.9 Information Communications/Technology/Digital None arising from this report. 4.10 Equalities, Social Inclusion and Economic Impact Positive impact in terms of equalities through enhanced and improved communities through a range of interventions. 4.11 Climate Change and Biodiversity Impacts The Local Place Plans promote a number of positive climate change and biodiversity impacts. 5. CONSULTATION 5.1 This report has been prepared in consultation with Executive Director Economy, Enterprise and Operations, Head of Growth, Planning, and Climate (Chief Planning Officer), Head of Operations and Environment, Chief Financial Officer, Service Manager Legal Services, Equal Opportunities Officer, Community Services Manager, and Lissa Rowan, Committee Services Officer and any comments made have been incorporated into the report. Page 132