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Supplementary Agenda Document Pack - Planning and Regulatory Services Committee - 16/12/2025

Moray Council · 16 December 2025
Back to Planning and Regulatory Services Committee — 16 December 2025 and its agenda

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Planning and Regulatory Services Committee 
Tuesday, 16 December 2025 
SUPPLEMENTARY AGENDA 
The undernoted reports have been added to the Agenda for the meeting of the Planning
and Regulatory Services Committee to be held at Council Chambers, Council
Office, High Street, Elgin, IV30 1BX on Tuesday, 16 December 2025 at 09:30. 
BUSINESS 
3a) Minute of special meeting of the Planning and Regulatory
Services Committee dated 8 October 2025
3 - 10 
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MORAY COUNCIL 
Minute of Meeting of the Planning and Regulatory Services Committee 
Wednesday, 8 October 2025 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Councillor Peter Bloomfield, Councillor Tracy Colyer, Councillor Theresa Coull,
Councillor John Cowe, Councillor John Divers, Councillor Jérémie Fernandes,
Councillor David Gordon, Councillor Sandy Keith, Councillor Marc Macrae, Councillor
Draeyk van der Horn, Councillor Sonya Warren 
APOLOGIES 
Councillor Neil Cameron, Councillor Amber Dunbar, Councillor Paul McBain 
ALSO PRESENT 
Councillor Derek Ross and Councillor Julie Harris 
ALSO PRESENT BY INVITATION 
Representing the Applicant: 
Christina Smitton, Speyside Hydrogen Opportunity Manager; Tommy Hart, Consents
and Environment Manager; Rachel Morrell, Environment and Consents Manager; Neil
Hardie, Hydrogen Programme Manager; Will Austin, Hydrogen Project Engineer,
and Michael Seager, Commercial and Economics Manager 
Those who submitted representations on the application: 
Atticus Albright, Spey Fishery Board; Graham Dunlop (Advocate) representing Friends
of Speyside; James Mackie representing Speymouth Environmental Partnership; David
Mackay representing Innes Community Council; William Malcolm; Thomas Gough;
Kevin Greensill and Sam Jarman 
IN ATTENDANCE 
Head of Growth, Planning and Climate (Chief Planning Officer); Acting Development
Management and Building Standards Manager; A Miller, Acting Principal Planning
Officer; D Anderson, Senior Engineer (Transportation), Service Manager Legal
Services and L Rowan, Committee Services Manager.   
1         Chair 
Councillor David Gordon chaired the Hearing.
Item 3a)
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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 in regard to any prior
decisions taken on how Members will vote on any item on the agenda. 
3         Hearing - Planning Application 25/00203/EIA 
Ward 1 - Speyside Glenlivet  
Application for the construction of a 70 MWe electrolytic hydrogen production
facility and associated ancillary infrastructure including water supply and
wastewater pipeline on Land South of Marypark, Ballindalloch, Moray for
Storegga.  
Reports were submitted by the Chief Governance Officer and the Appointed Officer in
regard to an application for the construction of a 70 MWe electrolytic hydrogen
production facility and associated ancillary infrastructure including water supply and
wastewater pipeline on land south of Marypark, Ballindalloch, Moray for Storegga. 
The report by the Appointed Officer advised that the application had been referred to
a Hearing as the application is a major application and raises matters of wider
community interest. In accordance with the Hearing procedure, the Applicant and
those who had submitted representations had been invited to attend the hearing with
an opportunity to be heard. The report by the Chief Governance Officer set out the
proposed procedure for the Hearing.  
The Chair welcomed those present and advised that submissions must be restricted
to those already submitted. He further advised that the Hearing would be confined to
examining the planning merits of the application and therefore discussion on
irrelevant, non-planning related issues, would not be considered.  
The Committee noted that Christina Smitton, Speyside Hydrogen Opportunity
Manager, Tommy Hart, Consents and Environment Manager, Rachel Morrell,
Environment and Consents Manager, Neil Hardie, Hydrogen Programme
Manager, Will Austin, Hydrogen Project Engineer, and Michael Seager, Commercial
and Economics Manager were in attendance representing the Applicant.  
The Clerk advised the Committee that, of those submitting representations on the
application as listed on page 95-103, the following people had accepted the invitation
to address the Committee: 
Atticus Albright, Spey Fishery Board; Graham Dunlop (Advocate) representing the
Friends of Speyside (Carol Armour; Phil Banks; Yvonne Bannister; Karen Bland; Barry
Bodicot; Bill Braithwaite KC; Beth Buchanan; Jim Buchanan Lin Buchanan; Simon
Bunce; Amanda Cairns; Anne Cameron; Neil Cooper Kath Coppin; Jane
Cummings; John Charlesworth Adrian Cummings; Stephen Dawes; Kevin Douglas-
Jones; Adrian Fitzpatrick; Andrew Fordyce; Adi Gilbert; Fred Grant; Fiona Grant; Pat
Hamilton; Alix Harkness; Anne-Marie Hayward; Sir Alistair Irwin; Lady Nicola
Irwin; Allan Irvine; Joan Irvine; Petra Kaalberg; Alexandra Lawson; Ken Lawson; Tricia
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Lawson; Denise Livingstone; Darren Logan; Lisa McWilliam; Sam Miller; Ken
Mitchell; Nicola Moss; Hugh Munro; Bill Murdoch; Brian Murphy; Jennie
Osbaldiston; Jonathan Osbaldiston; Sandra Ross; Linda Shore; Marion Skelley; Rosie
Souter; Neil Sutherland; Denise Wallace; William Walton; Wayne Whitcher); James
Mackie representing Speymouth Environmental Partnership; David Mackay
representing Innes Community Council; William Malcolm; Thomas Gough; Kevin
Greensill; and Sam Jarman.  
The Chair outlined the procedure to be followed for the Hearing, which was accepted
by the Committee, those representing the Applicant and interested parties.  
Christina Smitton, Speyside Hydrogen Opportunity Manager, spoke on behalf of the
Applicant stating that the proposal aims to support Moray’s whisky industry along
with other energy-intensive sectors. She explained that the site was selected due to
its strong infrastructure links and minimal environmental impact, with plans in place
for landscaping and biodiversity improvements. Ms Smitton outlined the proposal’s
alignment with climate policies, its potential to create 30 skilled jobs, and the
absence of statutory objections. She also pointed out that the Appointed Officer had
recommended approval of the planning application, subject to conditions.
In relation to community concerns, Ms Smitton described the environmental
measures incorporated into the project, such as water-efficient systems, rainwater
harvesting, and air cooling to reduce impact on the River Spey. In relation to traffic
issues, she explained that these had been mitigated through redesigned access
points and restricted HGV movements. She further confirmed that the project would
be subject to regulation by SEPA, the Council, and the Health and Safety Executive. At
the end of her presentation, Ms Smitton answered questions from the Committee,
with support from her colleagues who were also in attendance.  
The Chair then invited Atticus Albright, Spey Fishery Board, Graham Dunlop
(Advocate) representing Friends of Speyside,  James Mackie representing Speymouth
Environmental Partnership, David Mackay representing Innes Community
Council, William Malcolm, to address the Committee on their stated representations
and thereafter the parties responded to questions from the Committee in respect of
their presentations. 
Adjournment of Meeting 
In terms of Standing Order 25 the Meeting agreed to adjourn at 12.45 pm for lunch
and reconvene at 2.00 pm to consider further representations and determine the
planning application.  This was agreed. 
The Legal Adviser advised that, as the Committee were only part way through the
Hearing, Members, the Applicant and Interested Parties should not discuss the
Planning Application during the lunch break.  This was agreed. 
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Resumption of Meeting 
PRESENT 
Councillor Peter Bloomfield, Councillor Tracy Colyer, Councillor Theresa Coull,
Councillor John Cowe, Councillor John Divers, Councillor Jérémie Fernandes,
Councillor David Gordon, Councillor Sandy Keith, Councillor Marc Macrae,
Councillor Draeyk van der Horn, Councillor Sonya Warren 
APOLOGIES 
Councillor Neil Cameron, Councillor Amber Dunbar, Councillor Paul McBain 
ALSO PRESENT 
Councillor Derek Ross 
ALSO PRESENT BY INVITATION 
Representing the Applicant: 
Christina Smitton, Speyside Hydrogen Opportunity Manager; Tommy Hart, Consents
and Environment Manager; Rachel Morrell, Environment and Consents Manager; Neil
Hardie, Hydrogen Programme Manager; Will Austin, Hydrogen Project Engineer,
and Michael Seager, Commercial and Economics Manager 
Those who submitted representations on the application: 
Atticus Albright, Spey Fishery Board; Graham Dunlop (Advocate) representing Friends
of Speyside; James Mackie representing Speymouth Environmental Partnership;
David Mackay representing Innes Community Council; William Malcolm; Thomas
Gough; Kevin Greensill and Sam Jarman 
IN ATTENDANCE 
Head of Growth, Planning and Climate (Chief Planning Officer); Acting Development
Management and Building Standards Manager; A Miller, Acting Principal Planning
Officer; D Anderson, Senior Engineer (Transportation), Service Manager Legal
Services and L Rowan, Committee Services Manager. 
The Chair then invited Thomas Gough, Kevin Greensill and Sam Jarman, to address
the Committee on their stated representations and thereafter responded to
questions from the Committee in respect of their presentations.  
The main reasons from Interested Parties for objecting to the application were as
follows:  
• Risk to River Spey due to the proposed additional water abstraction which is
heavily impacted by increasingly dry summers due to climate change; 
• Proposal does not align with the Moray Local Development Plan (MLDP) 2020 and
National Planning Framework (NPF) 4;
• Unsuitable location for the proposal;
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• No contracts established with whisky industry as yet to ensure use of hydrogen;
• Visual and landscape impact;
• Impact on private water supplies;
• Transport and road safety concerns;
• Impact on fish and river ecology;
• Social-economic concerns in terms of the negative impact on tourism.  
The Chair stated that further representations had been received from the following
interested parties, circulated to members of the Committee, and uploaded to the
Council’s Committee Management System for information:
Stuart Murdoch; Harvey Wood; Atticus Albright and Speyside Community Council.  
On the invitation of the Chair, those representing the Applicant and Interested Parties
took the opportunity to summarise their representations. Of those invited, Christina
Smitton, Atticus Albright, Graham Dunlop, James Mackie, David Mackay, and William
Malcolm summarised their representations.  
The Chair then asked if the Applicant’s representatives and Interested Parties were
happy with the way the hearing had been conducted. In response, everyone
confirmed that they were happy with the hearing proceedings.  
The Chair then asked if anyone from Development Management Service would like to
make any further comment.  
In response to a few comments made by interested parties, Andrew Miller, Acting
Principal Planning Officer clarified that an appropriate assessment had been
completed and is included in section 8.2 of the report and that this formed part of the
recommendation that must be adopted prior to any approval. He also addressed
concerns regarding the need for a water impact assessment under CAR and PPC
regulations, explaining that these fall outside the scope of planning legislation. He
advised that if the necessary licences are not granted, it is likely the developer would
not proceed with the development even if planning consent is given. Additionally, Mr
Miller acknowledged a duplication in the report’s numbering, with two sections
labelled 8.2 on pages 67 and 68 and apologised for any confusion this may have
caused. This was noted. 
The Chair invited Councillor Ross, Local Ward Member for Speyside Glenlivet to
address the Committee. 
Councillor Ross expressed his concerns about the proposed hydrogen plant at
Marypark, stating that it represents a significant departure from Moray’s Local
Development Plan, particularly Policy EP3 (Special Landscape Areas and Landscape
Character). He stated that the site is not designated for employment or hydrogen
production and does not align with either the Moray Hydrogen Strategy or national
planning frameworks, which favour coastal locations for green hydrogen. Councillor
Ross noted that environmentally, the risks are extreme stating that the River Spey’s
Atlantic salmon and freshwater mussels are already at crisis point, and any pollution
could be disastrous and urged the committee to reject the application. 
The Service Manager (Legal Services) advised the Committee that Officers were not
suggesting that the MLDP be disregarded and reminded Members of the legislation
which states that decisions must be made in accordance with the Local
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Development Plan unless relevant and material considerations justify otherwise and
that it was up to the Committee to determine whether or not the material
considerations stated by Officers were of significant weight to justify departing from
the MLDP.  This was noted. 
The Chair then invited the Committee to determine the planning application. 
Councillor van der Horn, having studied the proposal in detail and carefully considered
the comments of both the Applicant and Interested Parties, moved that the Committee
refuse planning permission in respect of Planning Application 25/00203/EIA as, in his
opinion, the proposal fails to comply with policies 3 a) b) c) and d) (Biodiversity); 11 c)
and e) (Energy); 20 (Blue and Green Infrastructure); 21 (Play, Recreation and Sport) of
NPF4 and policies EP3 (Special Landscape Areas and Landscape Character); EP6
(Settlement Boundaries) and EP12 (Management and Enhancement of the Water
Environment) of MLDP 2020, for the following reasons: 
1. Policy 3 – Biodiversity
The proposal does not meet the requirements of Policy 3, parts a), b), c), and
d) as:
• The development does not demonstrate biodiversity enhancement, and
mitigation measures proposed are insufficient to meet the enhancement
test.
• There has been inadequate consideration of biodiversity impacts, and the
proposal fails to show how biodiversity will be protected and improved.
2. Policy 11 – Energy 
The proposal does not meet the requirements of parts C and E of Policy 11 as
follows:
• 11C: The proposal does not maximise net economic impact or
demonstrate clear local and community socioeconomic benefits,
including employment and supply chain opportunities.
• 11E: The project does not demonstrate how environmental and
community impacts will be effectively managed and mitigated.
3. Policy 20 – Blue and Green Infrastructure
The proposal does not comply with parts a) and d) of Policy 20 as the land in
question is neither unused nor underused and therefore does not meet the
criteria for temporary use as open or green space.
4. Policy 21 – Play, Recreation and Sport
The application does not adequately consider existing recreational uses,
specifically fishing, which is a relevant activity in the area.
5. Policy EP3 – Special Landscape Areas and Landscape Character
The development is likely to have a detrimental impact on the character and
quality of the designated Special Landscape Area and creates a significant risk
to the physical and natural environment contrary to Policy EP3.
6. Policy EP6 – Settlement Boundaries
The proximity of the development to Marypark has not been appropriately
considered, and the proposal does not respect the established settlement
boundaries, contrary to Policy EP6.
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7. Policy EP12 – Management and Enhancement of the Water Environment
The proposal fails to meet the requirements of part c) of Policy EP12 as it does
not adequately demonstrate how the development will protect and enhance
the water environment, including both terrestrial ecosystems and aquatic
environment. 
Councillor Macrae seconded Councillor van der Horn’s motion. 
There being no-one otherwise minded, the Committee unanimously agreed to refuse
planning permission in respect of Planning Application 25/00203/EIA as the proposal
fails to comply with policies 3 a) b) c) and d) (Biodiversity); 11 c) and e) (Energy); 20
(Blue and Green Infrastructure); 21 (Play, Recreation and Sport) of the NPF4 and
policies EP3 (Special Landscape Areas and Landscape Character); EP6 (Settlement
Boundaries) and EP12 (Management and Enhancement of the Water Environment) of
MLDP 2020 for the following reasons: 
1. Policy 3 – Biodiversity
The proposal does not meet the requirements of Policy 3, parts a), b), c), and
d) as:
• The development does not demonstrate biodiversity enhancement, and
mitigation measures proposed are insufficient to meet the enhancement
test.
• There has been inadequate consideration of biodiversity impacts, and the
proposal fails to show how biodiversity will be protected and improved.
2. Policy 11 – Energy 
The proposal does not meet the requirements of parts C and E of Policy 11 as
follows:
• 11C: The proposal does not maximise net economic impact or
demonstrate clear local and community socioeconomic benefits,
including employment and supply chain opportunities.
• 11E: The project does not demonstrate how environmental and
community impacts will be effectively managed and mitigated.
3. Policy 20 – Blue and Green Infrastructure
The proposal does not comply with parts a) and d) of Policy 20 as the land in
question is neither unused nor underused and therefore does not meet the
criteria for temporary use as open or green space.
4. Policy 21 – Play, Recreation and Sport
The application does not adequately consider existing recreational uses,
specifically fishing, which is a relevant activity in the area.
5. Policy EP3 – Special Landscape Areas and Landscape Character
The development is likely to have a detrimental impact on the character and
quality of the designated Special Landscape Area and creates a significant risk
to the physical and natural environment contrary to Policy EP3.
6. Policy EP6 – Settlement Boundaries
The proximity of the development to Marypark has not been appropriately
considered, and the proposal does not respect the established settlement
boundaries, contrary to Policy EP6.
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7. Policy EP12 – Management and Enhancement of the Water Environment
The proposal fails to meet the requirements of part c) of Policy EP12 as it does
not adequately demonstrate how the development will protect and enhance
the water environment, including both terrestrial ecosystems and aquatic
environment.   
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