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Agenda Document Pack - Planning and Regulatory Services Committee - 05/03/2026

Moray Council · 5 March 2026
Back to Planning and Regulatory Services Committee — 5 March 2026 and its agenda

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Planning and Regulatory Services Committee 
Thursday, 05 March 2026 
NOTICE IS HEREBY GIVEN that a Meeting of the Planning and Regulatory Services
Committee is to be held at Council Chambers, Council Office, High Street, Elgin,
IV30 1BX on Thursday, 05 March 2026 at 09:30. 
BUSINESS 
1. Sederunt 
2. Declaration of Group Decisions and Members Interests * 
3. Minutes 
3a) Minute of meeting dated 16 December 2025 7 - 16
3b) Minute of special meeting dated 14 January 2026 17 - 28
4. Written Questions ** 
Guidance Note 29 - 30
5. Planning Application 25/00916/APP
Report by Appointed Officer  
Proposed variation of conditions 2 and 11 of planning consent
03/01286/MIN to extend the operational life of the existing permitted
site until 31 October 2040 and to provide for working to take place in
accordance with the proposed amended site design at Blackhillock
Quarry, Keith, Moray AB55 5PA for Pat Munro (Alness) Ltd  
31 - 52
6. Planning Application 2501457APP_Redacted 53 - 72
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7. 25/01638/PAN
Report by Executive Director Economy, Environment and Operations  
Proposed residential development with flexible retail/commercial floor
space including associated roads, drainage and landscaping on Land
West of A941 Lossiemouth Road, Findrassie, Elgin  
73 - 78
8. Review of Enforcement Charter and update on Enforcement
Report by Executive Director Economy, Enterprise and Operations  
79 -
102
9. Developer Obligations Planning Guidance and Update on
Developer Obligations
Report by Executive Director Economy, Enterprise and Operations  
103 -
202
10. Draft Hillside Farm (Dufftown) Masterplan
Report by Executive Director Economy, Environment and Operations  
203 -
306 
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. 
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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. 
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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 
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MORAY COUNCIL 
Minute of Meeting of the Planning and Regulatory Services Committee 
Tuesday, 16 December 2025 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Councillor Peter Bloomfield, Councillor Neil Cameron, Councillor Tracy Colyer,
Councillor Theresa Coull, Councillor John Cowe, Councillor John Divers, Councillor
Amber Dunbar, Councillor Jérémie Fernandes, Councillor David Gordon, Councillor
Sandy Keith, Councillor Marc Macrae, Councillor Paul McBain, Councillor Sonya
Warren 
APOLOGIES 
Councillor Draeyk van der Horn 
IN ATTENDANCE 
Head of Growth, Planning and Climate (Chief Planning Officer); A Miller, Acting
Principal Planning Officer; D Anderson, Senior Engineer (Transportation); Service
Manager Strategic Planning and Development, E Webster, Principal Planning Officer,
R MacDougall, Senior Planning Officer, D Westmacott, Planning Officer, Service
Manager Legal Services; L Rowan, Committee Services Officer.   
1         Chair 
Councillor David Gordon chaired the meeting. 
2         Declaration of Group Decisions and Members Interests 
In terms of Standing 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 or any
declarations of Member’s interests in respect of any item on the agenda. 
3         Minutes 
The Minute of the Special meeting of the Planning and Regulatory Services (P&RS)
Committee dated 8 October 2025, and meeting of the P&RS Committee dated 21
October 2025 were submitted and approved. 
4         Written Questions
Item 3a)
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The Committee noted that no written questions had been submitted. 
5         25/01364/S37 - Consultation response to Scottish Minsters for a proposed
186km overhead transmission line (400kV) and associated development between
Beauly and Peterhead 
The meeting had before it a report by the Executive Director Economy, Enterprise and
Operations asking the Committee to consider the consultation request received from
the Energy Consents Unit (ECU) of the Scottish Government in relation to an
application under section 37 of the Electricity Act 1989 for a new overheard electricity
line running between Beauly and Peterhead, noting that this section of the Act relates
to consent for onshore electricity transmission infrastructure. 
During his introduction, A Miller, Acting Principal Planning Officer asked the
Committee to note an error in the report at condition 18 which should refer to
condition 17 and not 16 as printed. This was noted. 
During discussion surrounding compensatory planting, Councillor Bloomfield sought
clarification as to where this would take place. 
In response, A Miller, Acting Principal Planning Officer advised that details of where
the compensatory planting would take place had not been provided however a
condition had been added asking that a compensatory planting plan be agreed by the
Council however, if the Committee were minded to agree the recommendation, this
could be amended to reflect that compensatory planting should not take place on
prime agricultural land. 
Councillor Macrae acknowledged the national need for improved electricity
transmission however raised concern in relation to the severe and irreversible
impacts on the Moray landscape, particularly within the Spey Valley.  Councillor
Macrae also noted the significant woodland loss, unresolved environmental and
transport impacts, and clear conflicts with several policies within National Planning
Framework 4 (NPF4) and the Local Development Plan (LDP). Councillor Macrae
further noted that underground cabling options had been dismissed due to cost
however was of the view that cost could not outweigh the permanent visual and
landscape impact the proposal would have on the Moray landscape.  Councillor
Macrae stated that he was minded to object to the proposal however was keen to
hear the views of other members of the Committee. 
During further discussion, Councillor Coull expressed concern in relation to the
impact this proposal would have on local residents and queried whether the
community would receive direct community benefit as compensation. 
In response, A Miller, Acting Principal Planning Officer advised that this information
had not been provided however, if the Committee were minded to agree the
recommendation, the question of direct community benefit could be put to the
Applicant. 
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In relation to the long term visual impact of the proposal, Councillor Warren queried
whether the Applicant could consider underground cables at places most visually
impacted. 
In response, A Miller, Acting Principal Planning Officer advised that using
underground cables would cost four times more than constructing an overhead line
and that the area would have to be kept clear for any future maintenance therefore
this had been discounted by the Applicant however, if the Committee were minded to
agree the recommendation, the question of underground cables at sensitive
locations with significant visual impacts could be put to the ECU. 
At this point, the Service Manager Legal Services advised that all representations
would be referred to the ECU, which may result in a public inquiry should the Council
object to the proposal and that the Council would be expected to attend and present
its case. The Service Manager Legal Services advised that, although financial
implications are not a planning consideration, the Committee should be aware of
potential costs associated with participation in an inquiry, which could include
engaging external legal or planning representation as Planning Officers, having
provided an independent professional judgement that an objection should not be
lodged, are bound by the Royal Town Planning Institute’s code of conduct and cannot
advocate an alternative position. If an objection is submitted, the Council must
decide how best to represent its position, which may involve attendance by the
mover and seconder of any motion put forward. 
Councillor Fernandes, having considered the report and listened to the debate and
advice from the Service Manager Legal Services, moved that the Committee agree the
recommendations as printed within the report with additional conditions to reflect
consideration of direct community benefit and underground cables at places most
visually impacted by the proposal.  Councillor Warren seconded this. 
Councillor Colyer raised concern in relation to the proposal, which would span 186
km, involve over 500 towers up to 72m high and would create a permanent industrial
corridor through sensitive rural landscapes, peatlands, and woodlands. In addition,
the proposal poses significant and irreversible environmental impacts, including
visual impact, wildlife disruption, and damage to carbon-rich soils which is contrary
to NPF4 policies on climate, biodiversity, and natural places. She stated that the
proposal risks harm to protected areas such as the River Spey and Moray Firth
Special Areas of Conservation, fails to meet LDP requirements for safeguarding
landscape and community wellbeing, offers no clear benefit to the local community
and is incompatible with Scottish planning law and sustainable development
principles. 
Councillor Macrae stated that the proposal does not provide any benefit to Scotland,
noting that the Energy Minister had confirmed that the development is intended solely
for electricity export rather than the transmission of electricity between customers in
Scotland. He acknowledged the significant concerns raised by other Councillors
within the meeting, with the proposal being described as detrimental to the
countryside and contrary to several NPF4 policies. Councillor Macrae further noted
that the proposal also faced objections from the Ministry of Defence, reinforcing the
view that it is incompatible with planning and environmental principles and moved
that the Committee object to the application as the proposal is contrary to NPF4
policies 1, 2, 3, 4, 5 and 6 whilst highlighting the widespread opposition along the
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proposed route either through a straightforward objection or by submitting a detailed
amendment outlining specific grounds for refusal. 
During Councillor Macrae’s comments regarding the MOD objection, A Miller, Acting
Principal Planning Officer advised that he had received an email stating that the MOD
had removed its objection to the proposal as their issues had been resolved by the
Applicant.  This was noted. 
The Chair seconded Councillor Macrae’s motion also highlighting that the proposal is
contrary to Moray Local Development Plan (MLDP) 2020 policies EP1, EP3, EP7 and
EP8. 
In response, the Service Manager Legal Services advised that the Committee could
not simply object to the proposal and would have to provide detailed reasons for the
objection based on relevant planning considerations. It was noted that Councillor
Macrae had emailed reasons to support his objection to the Clerk during the meeting
and sought a short adjournment, through the Chair, to consider these and to ensure
that the Committee had sight of the reasons given. This was agreed. 
On resumption of the meeting, Councillor Macrae acknowledged that the Chair had
identified several other policies where the proposal failed to comply and withdrew 
his amendment. 
The Chair moved an amendment, which had been circulated to the Committee in the
following terms: That the Council submits a formal objection to the Section 37
application for the proposed 400kV overhead transmission line between Beauly,
Blackhillock and New Deer, on the following grounds:  
1. Significant Adverse Landscape and Visual Impacts 
The Council notes that the report identifies significant adverse landscape and
visual impacts across multiple sensitive areas of Moray, including the Spey
Valley SLA, Glen Rothes, Newmill, Keith, and the Dava Way and, given the
acknowledged severity and permanence of these impacts, considers an
objection necessary.  
2. Conflict with National Planning Framework 4 (NPF4) and Moray Local
Development Plan (MLDP) 2020 Policies  
The proposal is in conflict with NPF4 and MLDP 2020 policies, EP1 (Natural
Heritage Designations), EP2 (Biodiversity), EP3 (Special Landscape Areas and
Landscape Character), EP7 (Forestry, Woodlands and Trees), EP8 (Historic
Environment) and NPF4 policy 1 (tackling the climate and nature crises), 2
(Climate mitigation and adaptation), 3 (Biodiversity), 4 (Natural places), 5
(Soils), 6 (Forestry, woodland and trees) and 7 (Historic assets and places).    
In particular:  
NPF4: 
• Policy 3 (biodiversity) - the development will not enhance biodiversity; 
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• Policy 4 (natural places) - there will be significant adverse effects
upon special landscape areas and Sites of Special Scientific Interest
(SSSI) across the whole region in Moray;
• Policy 6 (forestry, woodland, and trees) - the loss of ancient woodland; 
• Policy 7 (historic assets and place) – heritage assets which will be
compromised 
MLDP 2020 
• EP1 (Natural Heritage Designations) - The Capercaillie at Darnaway is
under threat;
• EP3 (Special Landscape Areas) - significant adverse effects;
• EP7 (Forestry, Woodlands, and Trees) - loss of one and a half hectares
of ancient woodland; 
• EP8 (Historic Environment) - heritage assets which will be
compromised  
3. Unacceptable Woodland Loss  
The proposal results in the loss of 189.58 hectares of woodland, including
native and ancient woodland, with no binding compensatory planting plan. 
In the context of a climate and biodiversity emergency, this level of
unmitigated loss is unacceptable.  
4. Insufficient Consideration of Undergrounding 
The report acknowledges that undergrounding would reduce severe
landscape impacts at the River Spey crossing but dismisses it primarily on
cost grounds. 
The Council considers that cost alone is not a sufficient justification for
rejecting undergrounding in the most sensitive locations.  
5. Unresolved Cumulative Impacts 
The alignment conflicts with the proposed Kellas Drum Wind Farm, and
cumulative impacts remain unresolved. 
The Council cannot provide a definitive position until the interaction between
these major energy proposals is clarified.  
6. Failure to Demonstrate Biodiversity Net Gain 
NPF4 requires national developments to deliver a demonstrable biodiversity
net gain. 
The applicant has not provided sufficient evidence or measurable
commitments to meet this requirement.  
Councillor Macrae seconded this. 
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On a division there voted:  
For the Motion (4): Councillors Fernandes, Warren, Coull and Cameron 
For the Amendment (9): Councillors Gordon, Macrae, Bloomfield, Colyer, Cowe,
Divers, Dunbar, Keith, and McBain 
Abstentions (0): Nil  
Accordingly, the Amendment became the finding of the Meeting and the Committee
agreed that the Council submits a formal objection to the Section 37 application for
the proposed 400kV overhead transmission line between Beauly, Blackhillock and
New Deer, on the following grounds:  
1. Significant Adverse Landscape and Visual Impacts 
The Council notes that the report identifies significant adverse landscape and
visual impacts across multiple sensitive areas of Moray, including the Spey
Valley SLA, Glen Rothes, Newmill, Keith, and the Dava Way and, given the
acknowledged severity and permanence of these impacts, considers an
objection necessary.  
2. Conflict with National Planning Framework 4 (NPF4) and Moray Local
Development Plan (MLDP) 2020 Policies  
The proposal is in conflict with NPF4 and MLDP 2020 policies, EP1 (Natural
Heritage Designations), EP2 (Biodiversity), EP3 (Special Landscape Areas and
Landscape Character), EP7 (Forestry, Woodlands and Trees), EP8 (Historic
Environment) and NPF4 policy 1 (tackling the climate and nature crises), 2
(Climate mitigation and adaptation), 3 (Biodiversity), 4 (Natural places), 5
(Soils), 6 (Forestry, woodland and trees) and 7 (Historic assets and places).     
In particular:  
NPF4: 
• Policy 3 (biodiversity) - the development will not enhance biodiversity; 
• Policy 4 (natural places) - there will be significant adverse effects
upon special landscape areas and Sites of Special Scientific Interest
(SSSI) across the whole region in Moray;
• Policy 6 (forestry, woodland, and trees) - the loss of ancient
woodland; 
• Policy 7 (historic assets and place) – heritage assets which will be
compromised 
MLDP 2020 
• EP1 (Natural Heritage Designations) - The Capercaillie at Darnaway is
under threat;
• EP3 (Special Landscape Areas); significant adverse effects
• EP7 (Forestry, Woodlands, and Trees) - loss of one and a half hectares
of ancient woodland; 
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• EP8 (Historic Environment) - heritage assets which will be
compromised  
3. Unacceptable Woodland Loss  
The proposal results in the loss of 189.58 hectares of woodland, including
native and ancient woodland, with no binding compensatory planting plan. 
In the context of a climate and biodiversity emergency, this level of
unmitigated loss is unacceptable.  
4. Insufficient Consideration of Undergrounding 
The report acknowledges that undergrounding would reduce severe
landscape impacts at the River Spey crossing but dismisses it primarily on
cost grounds. 
The Council considers that cost alone is not a sufficient justification for
rejecting undergrounding in the most sensitive locations.  
5. Unresolved Cumulative Impacts 
The alignment conflicts with the proposed Kellas Drum Wind Farm, and
cumulative impacts remain unresolved. 
The Council cannot provide a definitive position until the interaction between
these major energy proposals is clarified.  
6. Failure to Demonstrate Biodiversity Net Gain 
NPF4 requires national developments to deliver a demonstrable biodiversity
net gain. 
The applicant has not provided sufficient evidence or measurable
commitments to meet this requirement. 
6         Performance Report (Economic Growth and Development - Planning) -
Period to September 2025 
The meeting had before it a report by the Executive Director Economy, Enterprise and
Operations asking the Committee to scrutinise performance in areas of Service
Planning, Service Performance, and other related data to the end of September 2025
and note actions being taken to improve performance where required. 
During her introduction, the Head of Growth, Planning and Climate (Chief Planning
Officer) advised that the report on Developer Obligations Supplementary Guidance
had hoped to be presented to this Committee however this would be brought to the
special meeting on 14 January 2026. She further advised that there was some blank
performance data within the background papers and explained that this information
is submitted to the Scottish Government and takes 6 months to be published and
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finalised therefore it is always provided retrospectively and that narrative would be
provided to explain this in future reports. This was noted. 
The Head of Growth, Planning and Climate (Chief Planning Officer) further
congratulated the Building Standards Team who had been presented with the
National Performance Award for the first time from the Scottish Government in
November 2025 highlighting the Team’s strong performance across all national
indicators. The Team also received a further reward relating to community safety for
work conducted a few years ago at the Poundland site in Elgin.  
The Committee joined the Chair in congratulating the Building Standards Service for
their recent achievements and thereafter unanimously agreed to note: 
(i) performance in areas of Service Planning, Service Performance, and other
related data to the end of September 2025; 
(ii) actions being taken to improve performance where required; 
(iii) that the report on Developer Obligations Supplementary Guidance would be
presented to the special meeting of the Committee on 14 January 2026; and 
(iv) that future reports would include narrative to explain blank performance data.   
7         Moray Employment Land Audit 2025 
The meeting had before it a report by the Executive Director Economy, Enterprise and
Operations asking the Committee to note the employment land supply in Moray and
agree the final version of the Moray Employment Land Audit 2025. 
During discussion surrounding the potential release of Long 2 land at March Road,
Buckie, Councillor Warren queried whether this could be used for a lorry park to
service the needs of HGV drivers and increase the use of Buckie Harbour. 
In response the Service Manager Strategic Planning and Development advised that
this could be explored further with colleagues during future discussions when
developing the next Local Development Plan. This was noted.  
Thereafter, the Committee unanimously agreed to:  
(i) note the employment land supply in Moray; 
(ii) approve the finalised Moray Employment Land Audit 2025, as set out in
Appendix 1 of the report; and 
(iii) note that release of Long 2 land at March Road, Buckie to provide a lorry park
would be considered during discussions when developing the next Local
Development Plan.   
8         Moray Town Centre Health Check 2025 
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The meeting had before it a report by the Executive Director Economy, Enterprise and
Operations highlighting the key findings of the Moray Town Centre Health Check 2025
and recommended that the Moray Town Centre Health Check 2025 is adopted as a
material consideration in future retail planning policy and planning application
decision making.  
Following consideration, the Committee unanimously agreed:  
(i) to note the findings of the Moray Town Centre Health Check 2025; 
(ii) to adopt the Moray Town Centre Health Check 2025, as set out in Appendix 1
of the report, as a material consideration in future retail planning policy and
planning application decision making; and 
(iii) the publication of the Town Centre Health Check 2025 on the Planning and
Development website pages.   
9         Housing Land Audit 2025-26 
The meeting had before it a report by the Executive Director Economy, Enterprise and
Operations asking the Committee to consider the housing land supply situation in
Moray and agree the final version of the Moray Housing Land Audit (HLA) 2025/26.  
Following consideration, the Committee unanimously agreed:  
(i) to note the housing land supply in Moray; 
(ii) the Council's responses to the consultation on the draft Moray Housing Land
Audit 2025/26, as set out in Appendix 1 of the report; and 
(iii) to approve the finalised Moray Housing Land Audit 2025/26, as set out in
Appendix 2 of the report.   
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MORAY COUNCIL 
Minute of Special Meeting of the Planning and Regulatory Services Committee 
Wednesday, 14 January 2026 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Councillor Peter Bloomfield, Councillor Neil Cameron, Councillor Tracy Colyer,
Councillor John Cowe, Councillor John Divers, Councillor Amber Dunbar, Councillor
Jérémie Fernandes, Councillor David Gordon, Councillor Sandy Keith, Councillor Marc
Macrae, Councillor Draeyk van der Horn, Councillor Sonya Warren 
APOLOGIES 
Councillor Theresa Coull, Councillor Paul McBain 
ALSO PRESENT 
Councillor Kathleen Robertson 
IN ATTENDANCE 
Head of Growth, Planning and Climate (Chief Planning Officer); Head of Housing,
Property and Communities, N MacPherson, Acting Service Manager Planning and
Building Standards; E Mitchell, Senior Planning Officer; D Anderson, Senior Engineer
(Transportation); W Burnish, Senior Engineer (Flood Risk Management); A Hall,
Program Manager Education, Service Manager Legal Services; L Rowan, Committee
Services Officer.   
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 or any
declarations of Member’s interests in respect of any item on the agenda. 
3         Planning Application 25/01203/APP 
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
Item 3b)
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and bus drop-off to replace existing academy on Site of Forres
Academy/Applegrove/Roysvale Forres, 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 to 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 on Site of Forres Academy/Applegrove/Roysvale Forres, Moray for
Moray Council.  
The Committee noted that the application had been referred to Committee as the
application is a major application.  
Prior to consideration of the planning application, the Service Manager Legal Services
advised that various officers were present to answer questions that members may
have, one of which being A Hall, Program Manager Education who was present to
answer any education related questions however was not present representing the
Applicant. This was noted.  
Councillor Macrae welcomed the planning application and commended officers for
their efforts in bringing the planning application to Committee and moved that the
Committee grant planning permission in respect of Planning Application
25/01203/APP, as recommended.  
Councillor Warren seconded the motion however sought assurance that flood
mitigations and road orders would be in place before irreversible stages of the project
to avoid any potential delay. 
In response, N MacPherson, Acting Service Manager Planning and Building Standards
assured the Committee that conditions 5, 6, 7 and 8 would ensure that the relevant
orders are in place timeously. 
Councillor van der Horn noted the substantial number of objections to the proposal
however noted that many were not objecting to the school but rather specific aspects
of the planning application. In relation to the proposed 3G pitch, Councillor van der
Horn sought assurance that environmentally safe materials would be used at the
time when the pitch is installed. 
In response, N MacPherson, Acting Service Manager Planning and Building Standards
advised that, if Members were minded to approve the planning application, a further
condition could be added stating that cork or another similar environmentally
acceptable product be used when the 3G pitch is being designed. This was agreed. 
Councillor van der Horn sought further assurance that the design would detail
measures in place to filter any materials from the 3G pitch to protect the adjacent
watercourse. 
In response, N MacPherson, Acting Service Manager Planning and Building Standards
suggested, if the Committee were minded to approve the planning application,  an
additional condition specifically asking that the design detail how material will be
intercepted when draining from the site. This was agreed.
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Councillor van der Horn noted that one common concern raised by members of the
public was in relation to the bus drop-off and pick-up site and queried whether the
street tree planting at Sanquhar Road could be improved to give additional privacy to
the houses on that road. 
In response, N MacPherson, Acting Service Manager Planning and Building Standards
advised that, if the Committee were minded to approve the planning application,
Condition 14 could be amended to ensure more extensive and continuous tree
planting along the edge of Sanquhar Road. This was agreed. 
The Chair sought clarification from Councillors Macrae and Warren, as mover and
seconder of the motion to grant planning permission in respect of planning
application 25/01203/APP, as to whether they were content to add the 2 additional
conditions in relation to the material used for the 3G pitch and drainage from the
pitch and the amendment to condition 14 in relation to additional tree planning on
Sanquhar Road. 
In response, both Councillors Macrae and Warren agreed to include the 2 additional
conditions and amendment to condition 14 with their motion. 
There being no-one otherwise minded, the Committee unanimously agreed to: 
(i) adopt the conclusions of Habitat Regulation Appropriate Assessment
Appraisal as summarised in the Observations section of the report, where
adequate mitigation is proposed; and
(ii) grant planning permission, as recommended, in respect of Planning
Application 25/01203/APP subjection to the following conditions and reasons
including:
• a further condition stating that the use of cork or another similar
environmentally acceptable product be used  when the 3G pitch is
being designed;
• an additional condition specifically asking that the design detail how
material will be intercepted when draining from the site; and
• an amendment to Condition 14 to ensure more extensive and
continuous tree planting along the edge of Sanqhar Road. 
Conditions/Reasons 
1. Unless otherwise agreed in writing with the Council as Planning Authority, 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. Notwithstanding the submitted details, prior to the commencement of any
development, a detailed Phasing Plan and detailed Construction Programme for
the development shall be submitted to and approved the Council, as Planning
Authority in consultation with the Roads Authority. The Phasing Plan and
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detailed Construction Programme shall include the details of all proposed works
to deliver the new school and re-develop the existing school site, along with the
timing of works at both the new school site and existing school site. 
Thereafter, all works shall be completed in accordance with the approved
Phasing Plan and Construction Programme. 
Reason: In order to ensure that the matters specified can be fully considered
prior to the commencement of development. 
3. No development shall commence until evidence has been submitted in writing
to confirm that the statutory process to promote the Stopping Up of the
Sanquhar Road Cycle Track to enable the provision of the new bus lay-by has
commenced. 
Reason: To ensure that the required statutory process for the relocation of the
cycle track has commenced. 
4. No development shall commence until evidence has been submitted in writing
to confirm that the statutory process to promote new and amended waiting
restrictions on Orchard Road, Sanquhar Road and Burdsyard Road has
commenced. 
Reason: To ensure that the required statutory process for the relocation of the
cycle track has commenced. 
5. No development shall commence until details have been submitted for the
approval in writing of the Planning Authority, in consultation with the Roads
Authority, showing the proposed alterations and restorations to the existing road
markings, and the provision of new road markings in the vicinity of the
development along Orchard Road, Sanquhar Road, and Burdsyard Road, in
accordance with The Traffic Signs Regulations and General Directions 2016; and
thereafter the road markings shall be altered/reinstate in accordance with the
approved details once the required changes to the Traffic Regulation Order have
been made as per the above Condition 2. 
Reason: To ensure that the required statutory process for the relocation of the
cycle track has commenced. 
6. Notwithstanding the details submitted on Drawing 619428-JMA-00-ZZ_ZZ-D-
A000005 P01, no development shall commence until details of the following
have been submitted to and approved in writing by the Council, as Planning
Authority in consultation with the Roads Authority: 
a) Drawings (1:200 minimum) showing: 
i) the widening of the existing footway along the Orchard Road frontage
of the site starting from the existing build-out at the Zebra Crossing
and tying in at an appropriate location to the west of the proposed
development access;
ii) access radii and dropped kerb provision at the proposed vehicular
access onto Orchard Road;
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iii) amendments to the proposed vehicular access onto Orchard Road to
provide a pedestrian visibility splay of 2.4 metres by 5 metres in each
direction clear of any obstruction above 0.6 metres in height; 
iv) the realignment of the existing dropped kerbs and tactile paving
which provide a crossing point on Sanquhar Road to the south of the
rear pedestrian access to Applegrove Primary School;
v) the provision of a raised crossing on Burdsyard Road in lieu of the
proposed Zebra crossing;
vi) improvements to Castle Street to enhance the crossing of the
Roysvale Terrace remote footpath;
vii) the proposed bus lay-by and replacement cycle track on Sanquhar
Road; and
viii) the proposed new north-south active travel path connecting Core
Path CPFR32 to the pupil entrance. 
b)  A drawing (Scale 1:100 minimum) showing: 
i) Details of design and capacity of the proposed cycle parking facilities
across the Forres Academy campus; and
ii) Details of the number, 18 minimum, location, and rating (kW) of the
proposed electric vehicle chargers. Thereafter, the works shall be
implemented in accordance with the approved details and in
accordance with the approved Phasing Plan and Construction
Programme. 
Reason: To ensure an acceptable development in road safety and sustainable
travel through the provision of details currently lacking from the submitted
particulars to date. 
7. No development shall commence until a Construction Traffic Management Plan
(CTMP) has been submitted to and agreed in writing by the Planning Authority in
consultation with the Roads Authority. 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:
i. duration of works;
ii. construction programme; 
iii. number of vehicle movements (i.e. materials, plant, staff,
components);
iv. types and sizes of construction vehicles accessing the site during the
construction period (Depending on the size of vehicle accessing the
site, vehicle swept paths may be required to confirm that sufficient
manoeuvring space would be available and to confirm that vehicles
would be able to enter and exit the site in a forward gear); 
v. schedule for delivery of materials and plant; 
vi. parking provision, loading, and unloading areas for construction traffic; 
vii. full details of temporary arrangements to safeguard pedestrian
movements in the vicinity of the development during the construction
period; 
viii. full details of the management of deliveries and traffic movements to
avoid school drop off and pick up times for the adjacent Primary
School and the existing Secondary School; 
ix. full details of any temporary access;
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x. measures to be put in place to prevent material being deposited on the
public road; 
xi. Traffic management measures to be put in place during works
including any specific instructions to drivers; 
xii. 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 and
xiii. 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. 
8. Prior to the opening of the development to the public, evidence of the
development of a School Travel Plan shall be submitted to and agreed in writing
with the Planning Authority, in consultation with the Roads Authority, detailing
how the options for travel to and from the school have been communicated to
staff, pupils and parents. 
Reason: To ensure an acceptable form of development in terms of the
arrangements to manage travel associated with the use of the development for
secondary education purposes. 
9. No development shall commence until a safeguarding scheme (protective
fencing with defined access points) which will protect the existing pitch area at
Roysvale Park during the construction period shall be submitted for the written
approval of the planning authority prior to the commencement of development.
The approved safeguarding scheme shall be implemented for the duration of the
construction period. 
Reason: To ensure protection of the pitch area. 
10. The new synthetic pitch will be designed and constructed by a recognised (e.g.
SAPCA* registered) specialist pitch contractor(s). Details of contractor(s) and
pitch specification shall be submitted for the written approval of the planning
authority prior to the commencement of development. *SAPCA is The Sports
and Play Construction Association (www.sapca.org.uk). The synthetic pitch
shall be constructed in accordance with the approved details. 
Reason: To ensure a satisfactory pitch is provided. 
11. The new synthetic surfaced pitch as approved shall be fully operational and
available for use no later than eighteen months after the opening of the new
school, unless otherwise agreed in writing the Council, as Planning Authority. 
Reason: To ensure the pitch is provided timeously. 
12. The proposed flood storage area and flood bund (Mitigation Option 4) outlined
within the Flood Risk Assessment modelling report (Mott MacDonald, 2025)
must be constructed and operational prior to commencement of demolition
works at the existing Forres Academy Site. The storage area and flood bund must
be maintained for the lifetime of the development. 
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Reason: To ensure there is no increase in flood risk as a result of the
development. 
13. The proposed pedestrian footpath (as shown on the Landscape GA Plan drawing
no. 619428-RYD-94-XX-XX-D-L-210000 P8) to the west of Roysvale Park shall be
fully constructed and brought into operational use prior to the closure of the
core path (CP-DA01) located on the east side of Roysvale Park, unless otherwise
agreed in writing with the Council, as Planning Authority. 
Reason: To ensure continuous pedestrian connectivity and maintain public
access in the interest of public safety and convenience. 
14. No development shall commence until a detailed Biodiversity Plan for the site
edged red is submitted to and approved in writing by the Planning Authority, in
consultation with the Climate Change Strategy Officer, unless otherwise agreed
in writing with the Council, as Planning Authority. For the avoidance of doubt The
Biodiversity Plan must include detail of:
• the methodology and phasing for the plan's delivery; 
• a comprehensive 30-year monitoring and maintenance plan, including
details regarding funding sources and responsible parties; and
• further to the planting proposed, additional tree planting must be provided
along the east side of the bus layby on Sanquhar Road. 
Reason: To ensure suitable enhancement provision within the proposal hereby
approved, in the interests of the environment and character of the surrounding
area. 
15. Notwithstanding the submitted details in the Carbon Management Statement a
further Carbon Statement is required to be submitted and approved in writing by
the Planning Authority in conjunction with the Climate Change Strategy Officer
prior to the demolition of the existing Forres Academy. The following detail is
required within the Carbon Statement: - 
• complete energy modelling; 
• demolition carbon calculations;
• operational carbon details; and 
• developing a carbon reporting plan during detailed design phase. 
Thereafter the development shall be delivered and operated in accordance with
the approved Carbon Statement, 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. 
16. Unless otherwise agreed in writing with the Council, as Planning Authority no
development shall commence until a Community Wealth Building Plan prepared
in accordance with the "Moray Local Development Plan - Community Wealth
Building Planning Guidance" has been submitted to and approved in writing by
the Council, as Planning Authority. Thereafter the proposal shall be
implemented in full accordance with the approved Community Wealth Building
Plan. 
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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. 
17. The development hereby approved shall be carried out in accordance with the
submitted particulars of the Preliminary Ecological Appraisal (Forres Academy)
dated 21st July 2025 and the identified measures to mitigate the impact and
disturbance upon European Protected Species and nesting birds in section 4
Discussions and Recommendations, unless otherwise agreed in writing with the
Council, as Planning Authority. 
Reason: To ensure an acceptable form of development which will not adversely
impact upon or disturb European Protected Species and nesting birds. 
18. The development hereby approved shall be carried out in accordance with the
submitted details set out in the Tree Survey (Forres Academy) dated 22
September 2025 and the identified Tree Protection Measures detailed on page
11, unless otherwise agreed in writing with the Council, as Planning Authority. 
Reason: To ensure the existing trees on the site are protected from the
development in the interests of biodiversity, character, and appearance of the
area. 
19. No existing trees other than those detailed for removal in the Tree Survey (Forres
Academy) dated 22 September 2025 shall be lopped topped or felled, unless
information from a qualified arboriculturalist is submitted justifying why the tree
or part thereof should be removed, unless otherwise agreed in writing with the
Council, as Planning Authority. 
Reason: To ensure the existing trees on the site are retained in the interests of
the biodiversity, character, and appearance of the area. 
20. In relation to the approved landscaping scheme (Landscape GA Plan, drawing
no. 619428-RYD-94-XX-XX-D-L-210000 P8) all new planting (where possible)
must take place no later than the end of the planting season following the
commencement of the new school. Any planting that cannot take place
following commencement of the new school must take place as soon as
practically possible in the next available planting season. Any trees shrubs and
hedge plantings which within a period of 5 years from 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 spacing unless
otherwise agreed in writing with the Council, as Planning Authority. 
Reason: In order to ensure that the approved landscaping works are timeously
carried out and properly maintained in a manner which will not adversely affect
the development of the amenity, appearance, character and quality of the
development and the surrounding area. 
21. Unless otherwise agreed in writing with the Council, as Planning Authority no
development shall commence until detailed elevations of all the fencing shown
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on the Landscape GA Plan (drawing no. 619428-RYD-94-XX-XX-D-L-210000 P8)
is submitted to and agreed in writing with the Council, as Planning Authority. 
Reason: To ensure all fencing harmonises with the surrounding area. 
22. The development hereby approved shall be carried out in accordance with the
Drainage Strategy Report (Forres Academy) dated 22 September 2025, unless
otherwise agreed in writing with Council, as Planning Authority. 
Reason: To ensure that foul drainage and surface water drainage is provided
timeously and complies with the principles of SUDs in order to protect the water
environment. 
23. The development hereby approved shall be carried out in accordance with the
Flood Risk Assessment (Forres Academy) dated 3 November 2025, unless
otherwise agreed in writing with the Council, as Planning Authority. 
Reason: To ensure that the development is constructed in full accordance with
the flood protection and mitigation measures detailed in the approved Flood
Risk Assessment. 
24. No development shall commence until details have been submitted to and
approved by the Council, as Planning Authority regarding samples and/or
specifications and colouration of all external material finishes for all
buildings/structures within the development, unless otherwise agreed in writing
with the Council, as Planning Authority. 
Reason: To ensure an acceptable form of development in the interests of the
appearance and amenity of the development and the surrounding area. 
25. 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. 
26. No development shall commence until a Construction Environmental
Management Plan (CEMP) has been submitted and agreed in writing by the
Planning Authority. The plan shall detail best practicable measures to reduce the
impact of construction noise (including vibration) at noise sensitive locations. It
should also include measures to minimise and control, dust and artificial
lighting. Thereafter the development will be carried out in accordance with the
agreed plan. 
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Reason: In order that environmental emissions are considered and managed at
the construction phase, in order to protect local residents. 
27. Unless otherwise agreed in writing with the Planning Authority, the lighting on the
approved 3G pitch shall be of the specification Siteco FL11-3 Blade-PL33T
located on Masts M1 to M6, fitted at the mounting height and at the illuminance
levels shows in the supporting drawing titled ‘Forres Academy Proposed
Floodlighting.  Drawing HLS10571, REV1, Dated 19/08/2025’. The agreed lighting
details shall be maintained throughout the lifetime of the development. 
Reason: To protect local residents from light nuisance at the site. 
28. Unless otherwise agreed in writing by the Planning Authority, the use of the
lighting on the 3G pitch shall only be permitted between 0800 to 2100, Monday
to Friday, and 0900 to 1700 hours on Saturdays and Sundays and only
operational when the pitch is in use. 
Reason: To protect local residents from light nuisance at the site. 
29. Unless otherwise agreed in writing with the Planning Authority, the use of the 3G
pitch shall be permitted between 0800 to 2100, Monday to Friday, and 0900 to
1700 hours on Saturdays and Sundays. 
Reason: To protect local residents from noise nuisance by ensuring the
development is restricted to permitted hours. 
30. The use of the 3G pitch shall not commence until details have been submitted
and agreed in writing by the Planning Authority, regarding the design and
materials of the “containment boards” as referred to in Section 4.9 and 7.4 of
the Noise Impact Assessment supporting document by RMP dated 8th December
2025 and titled ‘Noise Impact Assessment, New Forres Academy Forres, BIM
No: 619428-RMP-ZZ-ZZ_ZZ-T-AE-10039A’. The 3G pitch sports noise related
activities shall not exceed the levels stated in Table 4.3 of the aforementioned
Noise Impact Assessment. 
Reason: To protect local residents from noise nuisance at the site. 
31. Unless otherwise agreed in writing with the Planning Authority, weldmesh
fencing shall be fixed using resilient fixings as referred to in Section 4.17 of the
Noise Impact Assessment supporting document by RMP dated 8th December
2025 and titled ‘Noise Impact Assessment, New Forres Academy Forres, BIM
No: 619428-RMP-ZZ-ZZ_ZZ-T-AE-10039A.’ 
Reason: To protect local residents from noise nuisance at the site. 
32. The use of the 3G sports pitch shall not commence until a Noise Management
Plan has been submitted and agreed in writing with the Planning Authority as
referred to in Section 7.7 of the Noise Impact Assessment supporting document
by RMP dated 8th December 2025 and titled ‘Noise Impact Assessment, New
Forres Academy Forres, BIM No: 619428-RMP-ZZ-ZZ_ZZ-T-AE-10039A.’. The
agreed Noise Management Plan shall thereafter be implemented and
maintained throughout the lifetime of the development.
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Reason: To protect local residents from noise nuisance due to the use of the
development. 
33. Unless otherwise agreed in writing with the Planning Authority, the use of the
dance and fitness studio within the approved school building shall be permitted
between 0800 to 2200, Monday to Friday, and 0900 to 1700 hours on Saturdays
and Sundays. 
Reason: To protect local residents from noise nuisance by ensuring the
development is restricted to permitted hours. 
34. The use of the dance/fitness studio shall not commence until details has been
submitted and agreed in writing by the Planning Authority, regarding its design
and building fabrication to ensure noise emissions arising from the studios do
not exceed Noise Rating Curve (NR) 15 as determined within a living apartment
of the nearest noise sensitive dwelling with the window moderately open as
referred to in Section 7.5 of the Noise Impact Assessment supporting document
by RMP dated 8th December 2025 and titled ‘Noise Impact Assessment, New
Forres Academy Forres, BIM No: 619428-RMP-ZZ-ZZ_ZZ-T-AE-10039A.’  This limit
would apply and be determined over a minimum of 5 minutes duration between
the hours of 0700 to 2300 hours. 
Reason: To protect local residents from noise nuisance from the development. 
35. Prior to the installation of the building plant, further details of the potential noise
impact and mitigation measures required must be submitted to and agreed in
writing by the Planning Authority as referred to in Section 6.5 of the Noise Impact
Assessment supporting document by RMP dated 8th December 2025 and titled
‘Noise Impact Assessment, New Forres Academy Forres, BIM No: 619428-RMP-
ZZ-ZZ_ZZ-T-AE-10039A.’.  This mitigation should ensure noise emissions arising
from the plant does not exceed Noise Rating Curve (NR) 25, as determined
within a living apartment of the nearest noise sensitive dwelling with the window
moderately open. This limit would apply and be determined over a minimum of 5
minutes duration between the hours of 0700 to 2300 hours. 
Reason: To protect local residents from noise nuisance at the development. 
36. Prior to the installation of the building plant, further details of the potential noise
impact and mitigation measures required must be submitted to and agreed in
writing by the Planning Authority as referred to in Section 6.5 of the Noise Impact
Assessment supporting document by RMP dated 8th December 2025 and titled
‘Noise Impact Assessment, New Forres Academy Forres, BIM No: 619428-RMP-
ZZ-ZZ_ZZ-T-AE-10039A.’. This mitigation should ensure noise emissions arising
from the plant does not exceed Noise Rating Curve (NR) 20, as determined
within a bedroom of the nearest noise sensitive dwelling with the window
moderately open. This limit would apply and be determined over a minimum of 5
minutes duration between the hours of 2300 to 0700 hours. 
Reason: To protect local residents from noise nuisance from the development. 
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37. Prior to the development commencing, confirmed details of the proposed
lighting shall be submitted to and agreed in writing by the Planning Authority,
having regard to the supporting statement ‘Technical note, Light Pollution
Planning Statement, Project Number 324.016.00, Issued by RYBKA, dated
28/08/2025’. Thereafter, the agreed lighting details shall be implemented and
maintained throughout the lifetime of the development. 
Reason: To protect local residents from light nuisance from the site. 
38. Prior to development commencing details of the measures/design features
utilised to deter roosting and nesting gulls upon the roofs of all buildings must be
submitted to and approved in writing by the council as Planning Authority.
Thereafter the measures hereby approved must be adhered to and in place prior
to any of the buildings coming into occupation/use and maintained for the
lifetime of the development. 
Reason: In order to ensure the development does not attract seagull activity
which would be to the detrimental amenity of the users and neighbouring
properties. 
39. Maintenance of the Sustainable urban Drainage (SuDs) scheme and flood
mitigation measures will be carried in accordance with the maintenance plan
provided within section 9 of the approved Landscape Maintenance Plan. 
Reason: To ensure that SuDs scheme and flood mitigation measures continue
to operate as required. 
40. Unless otherwise agreed in writing with the Council as Planning Authority, the infill
crumb used for the 3G pitch must be selected from the most environmentally safe
option, for the materials available for use at the time of construction prior to the
construction of the 3G pitch. 
Reason: In order to ensure that any impact upon the environment is minimised. 
41. Prior to the construction of the 3G pitch and in conjunction with condition 10
details must be submitted to and approved by the Council, as Planning Authority
showing how any materials will be intercepted/filtrated from the 3G pitch and its
enclosures to protect the adjacent water course. 
Reason: In order to ensure that any impact upon the environment is minimised. 
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GUIDANCE NOTE PRODUCED FOR PLANNING AND REGULATORY SERVICES COMMITTEE
MEETING OF  5 MARCH 2026 
REPORT ON APPLICATION 
“Note for guidance of the Committee where the decision of the Planning and Regulatory Services Committee is
contrary to the recommendations of the Depute Chief Executive (Economy, Environment and Finance) in respect to
a Planning Application.” 
Any Councillor putting forward a motion to refuse an application, contrary to recommendation, shall clearly state the
reasons for refusal.  These reasons should be based on policies contained in the approved National Planning Framework 4
(NPF4), Local Development Plan or some other material consideration.  Time should be allowed to ensure that these
reasons are carefully noted for minuting purposes. 
Where Councillors put forward a motion to approve an application, contrary to recommendation, an indication should be
given of any specific matters which should be subject of conditions along with reasons which should be based on policies
in the approved Local Development Plan or some other appropriate consideration. 
Note for guidance where the decision of the Planning and Regulatory Services Committee is to depart from the
Development Plan (NFP4 and or Local Development Plan) 
Where a Councillor is convinced that there is reason to depart from Development Plan policy; then the Councillor’s
reasons for making the motion should be clearly stated for minuting purposes.  Any matters which should be subject to
conditions drafted subsequently by the Depute Chief Executive (Economy, Environment and Finance) should be
indicated. If the Committee remains of a mind to approve such an application then the whole matter will be subject to
statutory procedures as apply. In such cases, Councillors should be aware that the application may require to be
advertised as a departure and any objections reported to the next available meeting of the Planning and Regulatory
Services Committee.  It also may be necessary to convene a hearing to consider the views of objectors. 
There are three potential consequences if Committee takes a decision where the proper procedures have not been
followed in whole or in part.  Firstly, the person aggrieved by a decision may apply to the Supreme Courts in Scotland for
an Order either compelling the Council to act according to law, quashing the decision altogether or declaring a decision to
be unlawful coupled with an order to prevent the decision being implemented.  A referral to the Supreme Courts in these
circumstances is known as applying for Judicial Review.   
Secondly, in addition to the application for Judicial Review when questions of alleged failure, negligence or misconduct by
individuals or local authorities in the management of public funds arise and are raised either by or with the External
Auditor of the Council and where an individual can be blamed the sanctions available are:- 
Censure of a Councillor or an Officer
Suspension of a Councillor for up to one year
Disqualification of a Councillor for up to five years 
In the case of the Council being to blame, recommendations may be made to the Scottish Ministers about rectification of
the authority’s accounts. Ministers can make an order giving effect to these recommendations. 
Thirdly, whilst the Ombudsman accepts that Planning authorities have the freedom to determine planning applications as
they wish procedural impropriety may be interpreted as maladministration.  This can also lead to recommendations by the
Ombudsman that compensation be paid. 
Consistent implementation of departure procedures maintains public confidence in the planning system and is
consistent with the time and effort invested in preparing the NPF4 and Local Development Plan.
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WARD 02_17 
25/00916/APP
5 March 2026
Proposed variation of conditions 2 and 11 of planning consent
03/01286/MIN to extend the operational life of the existing
permitted site until 31 October 2040 and to provide for working
to take place in accordance with the proposed amended site
design at Blackhillock Quarry, Keith, Moray AB55 5PA for Pat
Munro (Alness) Ltd 
Comments: 
• No site visit required. 
• This application is a major application. 
• The proposal has been advertised for neighbour notification purposes and under
schedule 3. 
• No representations received at the time of writing report. 
Procedure: 
• None. 
Recommendation 
Approve subject to conditions. 
Conditions/Reasons 
1. The permission hereby granted shall be for a limited period only and shall cease on
31 October 2040 (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. 
Item 5.
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2. Operations must be carried out in accordance with the site design and cross
sections, hereby approved, unless otherwise agreed in writing with the Planning
Authority. 
Reason: In order to control the extent and appearance of the quarrying operations. 
3. On expiry of the consent or completion of extraction, whichever is the sooner, all
buildings, plant and machinery and other materials brought into the site during
extraction shall be removed and the site shall be restored in accordance with the
approved plans within a period of 6 months to the satisfaction of the Planning
Authority, unless otherwise agreed in writing by the Planning Authority. 
Reason: In the interests of visual amenity and to ensure the proper reinstatement of
the site. 
4. Not later than 1 year prior to the date on which it is expected that condition 3 will be
complied with, a Restoration Scheme for the site shall be submitted to, and
approved by, the Council (as Planning Authority).  This restoration scheme shall
illustrate the following requirements:-
(i)   final ground levels to allow for agricultural use of the site;
(ii)   the entire area to be grass-seeded and returned to agricultural use;
(iii)   details of the depth of topsoil to be used and detailed profiles of the restoration
slopes together with details of the type and method of seeding. 
(iv)   evidence of how the site restoration will maximise biodiversity gain as detailed
in Appendix 3 - Preliminary Ecological Appraisal of the Planning Statement
submitted in July 2025. 
The approved Restoration Scheme shall be implemented to the full satisfaction of
the Council (as Planning Authority) within 6 months of the expiry of the planning
consent or completion of the quarrying operations whichever is the sooner. 
Reason: In the interests of visual amenity and to ensure the proper reinstatement of
the site. 
5. Unless otherwise agreed with the Council (as Planning Authority) an aftercare
scheme showing such steps as may be necessary to bring the site to the standard
required for sustaining the approved restoration shall be submitted for the approval
of the Council (as Planning Authority) not later than 1 year prior to the date on which
it is expected that condition 3 will be complied with and the aftercare scheme shall
show:
(i)     all proposed planting/landscaping works and finished levels within the site;
(ii)     all steps to be taken and the period during which they are to be taken; and
(iii)     that the aftercare of the site shall be carried out in accordance with the
aftercare scheme. 
Reason: In the interests of visual amenity and to ensure the proper reinstatement of
the site.
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6. The approved Restoration Scheme (Condition 4) shall be implemented to the full
satisfaction of the Council (as Planning Authority) within 6 months of the expiry of the
planning consent or completion of the quarrying operations whichever is the sooner. 
Reason: In the interests of visual amenity and to ensure the proper reinstatement of
the site. 
7. The existing visibility splay of 4.5m x 90 m in both directions at the access onto the
Blackhillock Road (U43H) shall be maintained at all times free from any obstruction
exceeding 0.6 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. 
8. Unless otherwise agree in writing with the Council, as Planning Authority, the
development must comply with condition 11 relating to vehicle routing of planning
permission (reference number 99/00130/FUL) approved on the 21 October 1999 and
Condition 9 of planning permission 03/01286/MIN  approved on 12 February 2004. 
Reason: To ensure the provision of a safe and suitable access to the development in
the interest of road safety during the operational period of the development 
9. 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. 
10. Unless otherwise agreed in writing with the Planning Authority, all quarry operations
shall be carried out and permitted between 0700 - 1900 hours, Monday to Friday, and
0700 - 1300 hours, Saturdays, not on local bank or Scottish National holidays and at
no other times without the written consent of the Council, as Planning Authority,
notwithstanding the separate time periods in condition 18 which specifically relate
to blasting times. 
Reason: In order that the times of quarry operations are controlled to minimise
disturbance to local residents. 
11. During the normal daytime working hours defined in the above condition, the
freefield Equivalent Continuous Sound Level (LAeq,1hr) for the period, excluding
bund formation, soil and overburden handling activity, shall not exceed 50 dB (A), as
determined at any existing noise sensitive property. 
Reason: In order that noise from the development is controlled so as not to cause
noise nuisance to local residents. 
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12. Noise from soil and overburden handling and bund formation shall not exceed the
freefield Equivalent Continuous Sound Level ( LAeq,1hr) of 70 dB(A) at any existing
noise sensitive property and be limited to a period not exceeding 8 weeks in a year at
any one property. 
Reason: In order that noise from the bund formation and the soil and overburden
phase of development is controlled and that the duration of this activity is limited in
duration, so as not to cause noise nuisance to local residents. 
13. Unless otherwise agreed in writing with the Planning Authority, broad spectrum white
noise vehicle reversing alarms shall be installed on all vehicular quarry plant. 
Reason: In order that noise from the development is controlled so as not to cause
noise nuisance to local residents. 
14. At the reasonable request of the Planning Authority, following a complaint relating to
noise from quarry operations at the development, the developer shall measure at its
own expense noise emissions as they relate to the permitted consent limits, having
regard to measurement locations and methodologies as detailed in Planning Advise
Note 'PAN50, Annex A: The Control of Noise at Surface Mineral Workings'. The results
of such monitoring shall thereafter be forwarded to the Planning Authority. In the
event of a breach of noise limits a scheme of mitigation shall be brought into action
and its implementation agreed with the Planning Authority. 
Reason: In order that noise from the development is controlled so as not to cause
noise nuisance to local residents. 
15. Prior to the development commencing, a written scheme to control blasting
operations shall be submitted and agreed with the Planning Authority. The results of
monitoring associated with the agreed scheme shall be made available in writing to
the Planning Authority on request. 
Reason: In order that blasting operations are considered and managed, in order to
protect local residents. 
16. Prior to the development commencing, details of the methods employed to minimise
air overpressure from blasting operations shall be submitted to the Planning
Authority for written approval. All blasting operations shall take place only in
accordance with the scheme as approved or with such subsequent amendments as
may receive the written approval of the Planning Authority. 
Reason: In order that air overpressure from blasting operations are considered and
managed in order to protect local residents. 
17. Ground vibration as a result of blasting operations at the development shall not
exceed a peak particle velocity of 6 mms-1 (95% confidence level) at residential
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properties, with no individual blast exceeding a peak particle velocity of 12mms-1.
The measurement shall be the maximum of 3 mutually perpendicular directions
taken at the ground surface at any vibration sensitive building. 
Reason: In order that vibration associated with blasting from the development is
controlled so as not to cause nuisance to local residents. 
18. No blasting shall be carried out on the site except between the following times (1000
and 1200 hours) and (1400 and 1600 hours) Monday to Fridays and (1000 and 1200
hours) on Saturday. There shall be no blasting or drilling operations on Sundays,
Bank Holidays or National Holidays. 
Reason: In order that the times of blasting operations are controlled to minimise
disturbance to local residents. 
19. The above condition 18 shall not apply in cases of emergency when it is considered
necessary to carry out blasting operations in the interests of safety. The Planning
Authority shall be notified in writing immediately of the nature and circumstances of
any such event. 
Reason: In order that that the Planning Authority is informed of any emergency
situation where the above condition cannot be met. 
20. No development shall commence until details have been submitted to and approved
by the Council, as Planning Authority, regarding a detailed dust management plan.
Following its approval the works shall be carried out in accordance with the
approved dust management plan. 
Reason: To ensure the provision of an acceptable form of development and to
protect the amenity of nearby residential premises. 
21.  In line with the Blackhillock Quarry Preliminary Ecological Appraisal (PEA) dated 17
April 2025 prepared by Echoes Ecology Ltd, pre-works checks prior to further
vegetation removal and to carry out any further survey works/mitigation in the event
that protected species are detected at that point must be undertaken. 
Reason: To ensure that the site is checked for any protected species at the
appropriate stage in the development. 
Reason(s) for Decision
The Council’s reason(s) for making this decision are:- 
The proposed variation to conditions 2 and 11 of planning consent 03/01286/MIN to
extend the operational life of the existing permitted site until 31 October 2040 and to
provide for working to take place in accordance with the proposed amended site design,
subject to other updated conditions, is considered to comply with relevant policies of
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National Planning Framework 4 and the Moray Local Development Plan 2020, and there
are no material considerations that indicate otherwise. 
List of Informatives: 
THE SERVICE MANAGER, TRANSPORTATION has commented that: - 
Planning consent does not carry with it the right to carry out works within the public
road boundary. 
The applicant shall free and relieve the Roads Authority from any claims arising out of
their operations on the road or extension to the road. 
THE SERVICE MANAGER COMMUNITY PROTECTION has commented that: - 
The donating borehole, Spey Bay Quarry, requires to be registered with Moray
Council Private Water Supplies as a commercial borehole and confirmation that the
additional supply to Blackhillock does not exceed the limit that requires a SEPA
licence. 
Spey Bay Quarry must also have a procedure for closure or reduction in use during
periods of water scarcity in the area. 
Should the circumstances change whereby donated water is no longer viable and a
borehole is required for the Blackhillock site, it must be registered with Moray
Council Private Water Supply and the British Geological Society to continue
operations. 
LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT
Reference No. Version No. Title/Description
YG637-PA-F-01  Site location plan
YG637-PA-F-03  Phase 1 site plan
YG637-PA-F-04  Phase 2 site plan
YG637-PA-F-05  Phase 3 site plan
YG637-PA-F-06  Cross sections 
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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:
Blackhillock Quarry
Keith
Planning Application Ref Number: 
25/00916/APP
Location Plan
Applicant Name:
Pat Munro (Alness) Ltd
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Site
location
plan
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Site
plan
as
existing
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PLANNING APPLICATION: 25/00916/APP 
In the event that a recommendation on this planning application is overturned the
Committee is reminded of the advice contained on the front page of the agenda for Reports
on Applications 
1.   THE PROPOSAL 
•   This application under section 42 of the Town and Country Planning
(Scotland) Act 1997 seeks to vary the terms of condition 2 and 11 of planning
permission 03/01286/MIN, granted on 12 February 2004 for the expansion of
working area of Blackhillock Quarry, Keith. 
•   A 1.98-hectare extension to Blackhillock Quarry was granted planning
consent in February 2026 (25/00917/APP). Conditions 2 and 11 are required
to be varied to facilitate working to take place within the existing permitted
site: for access and to leave a landform which would assist in supporting
future restoration; the placement of overburden in existing facility in the
north of the current site in landscaping; together with processing, stocking
and despatch of quarry materials for the consented extension.
•   Condition 2 granted permission for a limited period expiring on 10 February
2029. The current application seeks to vary the condition by extending the
duration of the planning permission until 31 October 2040. 
•   Condition 11 provides that no extraction shall occur beyond 6 months of the
date of the consent unless details showing the proposed extraction levels of
the site have been submitted to and approved by the planning authority. The
current application seeks to vary this condition to provide for working to take
place in accordance with the proposed amended site design.
•   Further to the Section 42 application as submitted, and in order to achieve
an acceptable form of development the applicants have proposed additional
measures to improve the biodiversity gain of the previously approved
landscape restoration measures. 
•   The application is supported by a Planning Statement, appendices to the
document include a Noise Impact Assessment, Blast Vibration Impact
Assessment, Preliminary Ecology Appraisal, Landscape and Visual Impact
Assessment and Extractive Waste Management Plan. 
2.   THE SITE 
•   The site is a working quarry extending to approx. 10.33 hectares (including
recently approved extension). 
•   Areas of the original consent (03/01286/MIN) are now occupied by the Trunk
Roads Depot or are part of the permission (22/00499/APP) for the adjacent
Cairdshill Quarry. 
•   The site is located approx. 1.6 km to the south of Keith. 
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•   The site is bounded by Cairdshill Quarry to the east, the Amey Keith Roads
Depot to the northwest, a minor public road immediately to the north, and
agricultural land to the south and southwest. The A96 lies further to the east
and the Blackhillock substation further to the west.
•   The nearest dwellings to the site are Blackhillock Cottages, located approx.
20m from the site boundary.  
•   The site primarily provides premium agricultural lime products, together with
single sized aggregates and crush rock fines for construction projects across
the North of Scotland. 
3.   HISTORY 
Application site - Blackhillock Quarry 
25/00917/APP - Application for planning permission for extension to southern
boundary of the existing quarry – granted planning permission recently under
delegated powers. 
05/0809/MIN – Application for planning permission for extension to southern
boundary of the existing quarry at Blackhillock Quarry – granted planning
permission 27 February 2006 under delegated powers. 
03/01286/MIN – Application for planning permission for the expansion of working
area of the existing property designated at Blackhillock Quarry, Keith – granted
planning permission dated 12 February 2004 by the Planning and Regulatory
Services Committee. 
99/00130/FUL – Application for planning permission for resumption of quarrying
operations at Blackhillock Quarry, Keith – granted planning permission dated 21
October 1999 under delegated powers. 
Adjoining - Cairdshill Quarry
22/00499/APP – Application for planning permission for proposed quarry
extension at Cairdshill Quarry – granted planning permission dated 27 October
2022 by the Planning and Regulatory Services Committee. 
21/00115/APP – Application under section 42 to vary condition 1 of planning
permission ref 10/01801/MIN to extend duration of operations until 22 September
2026 at Cairdshill Quarry – granted planning permission dated 19 May 2021 by the
Planning and Regulatory Services Committee. 
16/00402/MIN – Application for planning permission for minor extension at
Cairdshill Quarry – granted planning permission dated 22 September 2016 under
delegated powers. 
10/01801/MIN – Application for planning permission for minor extension to
mineral extraction area at Cairdshill Quarry – granted planning permission 9
February 2011 under delegated powers. 
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06/02475/FUL – Renew planning permission 96/00262/FUL extension of the
existing hard rock quarry at Cairdshill Quarry, Keith – granted planning permission
dated 5 March 2007 under delegated powers.   
4.   POLICIES 
National Planning Framework 4 
Policy 1 - Tackling the climate and nature crises 
Policy 2 - Climate mitigation and adaptation 
Policy 3 - Biodiversity 
Policy 4 - Natural places 
Policy 5 - Soils 
Policy 6 - Forestry, woodland and trees 
Policy 7 - Historic assets and places 
Policy 12 - Zero waste 
Policy 13 - Sustainable transport 
Policy 14 - Design, quality and place 
Policy 18 - Infrastructure first 
Policy 22 - Flood risk
Policy 23 - Health and safety 
Policy 33 – Minerals 
Moray Local Development Plan 2020 
PP3 - Infrastructure and Services 
DP1 - Development Principles 
DP10 - Minerals 
EP1 - Natural Heritage Designation 
EP2 - Biodiversity 
EP7 - Forestry Woodland and Trees 
EP12 - Management and Enhancement Water
EP13 - Foul Drainage 
EP14 - Pollution Contamination Hazards 
EP16 - Geodiversity and Soil Resources 
5.   ADVERTISEMENTS 
•   Advertised for neighbour notification purposes. 
•   Advertised as a development specified in Schedule 3 of the Development
Management Regulations 2013 (development that may impact neighbours
beyond the immediate vicinity of the site). 
6.   CONSULTATIONS 
Moray Flood Risk Management – No objection. 
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Environmental Health – No objection subject to conditions (if permitted) relating
to permitted quarry operating hours, noise levels, blasting operations, ground
vibrations and dust management. 
Scottish and Southern Electricity Networks – No objection. 
Scottish Environment Protection Agency – Refer to standing advice. 
Developer Obligations – None sought. 
Transport Scotland – No objection. 
Transportation Manager – No objection subject to conditions (if permitted)
related to a visibility splay, vehicle routing and no water or loose material being
carried onto the public road. 
Private Water – Informatives recommended.  
Health and Safety Executive (Quarries) - No response received at the time of
writing this report. 
7.   OBJECTIONS-REPRESENTATIONS 
None received 
8.   OBSERVATIONS 
8.1 Section 42 of the Town and Country Planning (Scotland) Act 1997 as amended
allows applicants to apply to develop land without compliance with conditions
previously attached to a planning consent. In determining such an application, the
Council, as Planning Authority can only consider the conditions subject to which
planning permission should be granted and may: 
•   grant permission unconditionally (i.e. remove the conditions attached to the
planning consent); 
•   grant permission conditionally with differing conditions; or 
•   refuse the application (i.e. keep the conditions attached to the planning
consent). 
8.2 The principle of the development as a whole cannot be reconsidered. 
8.3 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. The main issues are
considered below: - 
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8.4 Environmental Impact Assessment Requirements 
This application has been screened under regulations 6 - 9 of Town and Country
Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. The
Council, as Planning Authority, has adopted an opinion where, in taking account
of the characteristics and location of the development and characteristics of the
potential impact associated with the continuing operation of this existing quarry
(where no expansion is proposed), no significant environmental effects are
considered likely to occur and the proposal does not require to be subject to EIA
procedures. 
8.5 Background and Current Operations
Planning permission at Blackhillock Quarry for the resumption of quarrying
operations was granted in October 1999 (99/00130/FUL). The quarry currently
operates under planning permission 03/01286/MIN (expansion to working area of
the existing quarry - granted planning consent in February 2004), which allows
extraction to continue until 10 February 2029. An extension to the southern
boundary of the quarry was granted in February 2006 (05/01809/MIN). The
remaining accessible mineral reserves within the approved boundary are now
limited. To sustain ongoing operations, the operator has proposed to extend the
working area laterally to the south (approved recently under 25/00917/APP). The
approved extension would cover an area of 1.98 hectares and provide access to
additional mineral resources needed to maintain quarrying activities. 
8.6 12 planning conditions are attached to planning consent (03/01286/MIN),
including condition 2 which limits operations until 10 February 2029 and condition
11 which states no extraction shall occur beyond 6 months of the date of the
consent unless details showing the proposed extraction levels of the site have
been submitted to and approved by the planning authority. 
8.7 This application seeks to vary the terms of conditions 2 and 11 attached to
03/01286/MIN to extend the operational life of the existing permitted site until 31
October 2040 and to provide for working to take place in accordance with the
proposed amended site design. 
8.8 Other planning conditions that apply to the existing permission relate to permitted
operating hours, noise limits, all buildings, plant and machinery and other
materials brought into the site during extraction shall be removed and the site
shall be restored in accordance with the approved plans within a period of 6
months, restoration scheme, aftercare scheme, method statement and
adherence with 2 conditions from planning permission 99/00130/FUL relating to
vehicle routing and the blasting regime. 
8.9 By varying conditions 2 and 11 of 03/01286/MIN it will provide for workings within
the existing permitted site allowing access to the new area (subject of separate
application) and to leave a landform which would assist in supporting future
restoration via the placement of overburden in the existing quarry to the north of
the current site in landscaping areas; together with processing, stocking and
despatch of quarry materials. 
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8.10 Overall, the extension (approved under 25/00917/APP) is expected to release
approximately 750,000 tonnes of saleable aggregates (predominantly lime stone).
At recent extraction rates of around 50,000 tonnes per year, this would enable the
quarry to continue operating for a further 15 years, extending its lifespan until
around October 2040 synchronising with the main quarry completion. 
8.11 Relationship to Minerals Policy 
NPF4 Policy 33 (d) focuses on safeguarding and managing Scotland's mineral
resources. It states that development proposals for mineral extraction will only be
supported if they do not significantly adversely impact biodiversity, geodiversity,
the natural environment, sensitive habitats and the historic environment.
Proposals should also not result in an adverse landscape and visual impact. 
8.12 MLDP Policy DP10 supports mineral extraction including extension of operation of
existing sites in certain circumstances. It also requires proposals to avoid or
mitigate impacts similar to NPF4 Policy 33, as well as comply with MLDP Policy
DP1. Gedloch Quarry is identified as one of the safeguarded mineral resources in
Moray under DP10. 
8.13 The proposal seeks to extend the operational lifetime of the existing quarry within
its currently approved footprint to allow for the approved extension to the quarry
(25/00917/APP) to operate. There are no changes to the nature of operations or to
the conditions under which the quarry currently operates. 
8.14 As detailed in the assessment and set out in the accompanying report, the
continuation of quarrying activities would not result in any unacceptable adverse
impacts on either the natural or built environment. All potential effects associated
with the development have previously been considered and are adequately
controlled through the conditions attached to the existing planning permissions.
These mitigation measures would remain in force for the extended duration of the
consent. 
8.15 The accompanying Planning Statement for this proposal notes that it aims to
continue the supply of aggregate (via the approved extension) using existing
infrastructure at a long-established quarry. 
8.16 Taking account of these matters, the proposal is considered to satisfy policies 33,
DP1 and DP10 and an extended period of permission until 31October 2040 as
applied for is considered acceptable in principle under the terms of policies. 
8.17 Landscape and Visual Impact (NPF 33 / MLDP DP1 & DP10)
Policy 33 states that mineral extraction development will be supported only if it
does not cause significant landscape or visual impacts. MLDP Policy DP1 requires
proposals to preserve neighbouring property privacy, daylight, and amenity,
integrating well with the landscape, whilst MLDP Policy DP10 mandates that
mineral development must avoid or mitigate impacts satisfactorily, including
landscape impacts. 
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8.18 A Landscape and Visual Impact Assessment was submitted with the proposal. 
8.19 The site lies within the Upland Farmland Landscape Character Type (LCT). In
Moray, this LCT comprises a single area of mid‑elevation coastal uplands located
to the north‑east of the River Spey. Key characteristics include broad, shallow
valleys, a large‑scale open landscape structure, and a simple vegetation pattern.
The area is defined by extensive, rectilinear agricultural fields typical of central
farmland, interspersed with smaller field parcels, peaty soils, marginal pasture,
and occasional small woodland blocks. It is a relatively settled rural landscape,
with farmsteads distributed evenly and connected by a network of minor roads.
These farmsteads are often partially enclosed by small woodland groups,
contributing to the area’s distinctive rural character. 
8.20 Landscape sensitivity at the site is assessed as low. The magnitude of change
during the establishment and extraction phases is assessed as very low, leading
to a negligible landscape effect during operations. 
8.21 Following restoration, the magnitude of change to the LCT is expected to be low,
resulting in a minor but beneficial landscape effect. As the site transitions from an
active quarry to restored habitat, the overall influence on the LCT is anticipated to
be positive. 
8.22 Six representative viewpoints were used to inform the visual assessment. Visual
sensitivity across these locations ranges from high to low, with predicted visual
effects ranging from moderate at a single viewpoint to negligible/none at others.
As views move further from the assessed receptors, both visual sensitivity and
magnitude of change reduce, with visual effects across most of the Zone of
Theoretical Visual Influence (ZTVI) falling within the negligible category. 
8.23 Potential cumulative effects have also been considered. When combined with the
adjacent Cairdshill Quarry (operated by Tarmac), cumulative landscape and
visual effects are assessed as being of minor to negligible significance. 
8.24 All landscape and visual impacts associated with the proposal are therefore
predicted to remain below the threshold of significance. The criteria of the above 
policies have been met. 
8.25 Hydrology and Hydrogeology 
Moray Flood Risk Management following consultation and review of the
application and associated documents, have raised no objection. The proposal
therefore complies with NPF4 Policies 22 and 33, as well as MLDP Policy EP12
and DP1 with regard to surface water and flood risk management. 
8.26 No surface water currently discharges from the site. Rainfall within the quarry void
drains into the waterbody located inside the excavation, which is understood to
fluctuate seasonally between approximately 161 m AOD and 163 m AOD. 
8.27 The recently approved extension (25/00917/APP) would increase the overall
quarry area by 1.38 hectares. The topography within this extension area slopes
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from around 200 m AOD in the southeast to 185 m AOD in the northwest. At
present, a substantial proportion of surface water from this area naturally drains
into the quarry void, albeit at greenfield runoff rates. 
8.28 As a result, only a modest increase in the volume of water entering the quarry will
require management. It is considered that the existing water management
arrangements can be suitably adapted to ensure effective ongoing control of
surface water.  
8.29 Moray Flood Risk Management were consulted on the proposal and have no
objections to it. The criteria in the above policies has been met. 
8.30 Ecology and Protected Species 
NPF4 Policy 4 states that development proposals that are likely to have an
adverse effect on species protected by legislation will only be supported where it
can be demonstrated impacts can be suitably mitigated. MLDP Policy EP1 takes a
similar position. 
8.31 The Preliminary Ecological Appraisal (PEA) includes a survey of the site for
protected species has identified no protected species present on site. No
evidence of badgers was identified within the survey area and there was no
suitable habitat for red squirrel, hedgehog or other protected species within the
survey area. 
8.32 No further survey works are required other than pre-works checks to maintain and
update baseline prior to further vegetation removal and to carry out any further
survey works/mitigation should species be present at that point. 
8.33 In light of the findings of the PEA, the proposal is not considered to adversely
affect protected species, in line with NPF Policy 4 and MLDP Policy EP1. 
8.34 Biodiversity
Since granting of the most recent consent in 03/01286/MIN biodiversity has been
given greater prominence within planning policy. NPF4 Policy 3 and MLDP Policy
EP2 both require development proposals to enhance biodiversity. 
8.35 The PEA details that a Biodiversity Statement should be prepared once all feasible
biodiversity enhancement measures have been incorporated into the final site
design. The Biodiversity Statement will assess the potential impacts of the
development on biodiversity and set out how the proposed works and restoration
measures will result in an overall enhancement, ensuring that nature is left in a
better state than prior to development. 
8.36 The opportunities for enhancement identified for the Site are as follows:
•   The invasive non-native species, Japanese knotweed, would be removed and
disposed of appropriately, to enhance the Site’s biodiversity. 
•   Areas of wildflower meadow could be created around the perimeter of the
Site. This would involve sowing a wildflower-rich seed mix following the
recommendations regarding soil preparation and cutting regime as outlined
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within the ‘Guidance - Pollinators in Planning and Construction guide’
(NatureScot, 2021). 
•   Strips of tussocky grassland could also be created around the field edges,
where the grassland is only cut every three years in phases, with no more
than 50% of the grassland cut in one year. 
•   Insect boxes and hotels could be placed in sheltered positions along field
boundaries and adjacent to newly established wildflower meadows. 
•   Woodcrete bird boxes of a range of sizes could also be installed on
appropriate trees or structures to enhance the area for nesting birds. 
•   A Habitat Management Plan would be created to outline the prescriptive
long-term management of the habitats on Site, which would secure their
long-term future and ensure the habitats reach their full potential in order to
achieve the required biodiversity enhancement. 
8.37 The overall aim is to mitigate the temporary loss of habitats during the extraction
period by creating habitats of higher biodiversity value within and around the site
perimeter as part of the restoration proposals. 
8.38 The above biodiversity enhancements are welcomed and whilst this application is
a Section 42 as described and there is limited scope for enhancements during the
extraction phase, the conditions re restoration address this matter and have been
amended (condition 4 of the current recommendation).  Enhancements as part of
the site restoration works now ensures compliance with Policy 3 of NPF4. 
8.39 Cultural Heritage 
NPF4 Policy 33 states that development proposals for the extraction of minerals
will only be supported where they do not result in significant adverse impacts on
the historic environment. NPF4 Policy 7 Historic Assets and Places states
development proposals with a potentially significant impact on historic assets or
places must include an assessment based on an understanding of the cultural
significance of the historic asset or place. At a local level, MLDP Policy EP8
Historic Environment takes a similar position. 
8.40 There are no designated heritage assets, such as World Heritage Sites, Scheduled
Monuments, Listed Buildings, Conservation Areas, Historic Battlefields, or
Gardens and Designed Landscapes, within 1.5 km of the proposal site. The area
currently benefiting from planning permission has already been subject to
quarrying. In April 2025, the land within the proposed extension area was in
agricultural use and had recently been ploughed. Consequently, the likelihood of
significant archaeological impacts is considered low. 
8.41 No significant effects are therefore anticipated, and the proposal is regarded as
being in accordance with policies 7, 33 and EP8. 
8.42 Waste Management 
All extractive waste operators are required to comply with the Extractive Waste
Management (Scotland) Regulations 2010. As required under DP10, an Extractive
Waste Management Plan accompanies this application. 
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8.43 The plan outlines the management of extractive waste, including soils,
overburden, and unsaleable rock. It includes specific measures for handling and
storing materials to ensure minimal environmental impact and facilitate site
restoration. This plan is therefore considered to accord with the regulations as
well as the requirements of MLDP Policy DP10. 
8.44 Restoration 
Policy DP10 require minerals proposals to include schemes for a high standard of
restoration and aftercare. 
8.45 Conditions 5 and 6 of Planning Permission 03/01286/MIN require a restoration
scheme to be submitted 1 year prior to the completion of extraction/the expiry of
the consent with works completed within 6 months of expiry of the
consent/completion of extraction. The anticipated restoration would be to
agricultural grassland with biodiversity enhancement (as detailed in Biodiversity
section). The measures proposed by the applicants in their planning statement
have now been incorporated into the restoration conditions. 
8.46 In principle, the concept approach to site restoration is acceptable, but in order to
ensure full consideration can be given to restoration nearer the time, the existing
conditions will remain. Subject to conditions, the restoration approach is
considered acceptable.  
8.47 Access
The overall quarry facility is accessed via an existing access onto Blackhillock
Road (U43H), which has a variable carriageway width between the A96 and the
site access. Some sections of the road accommodate two-way traffic, while
others include passing places to allow vehicles to pass safely. Blackhillock Road
also serves several developments, including Cairdshill Quarry, Blackhillock
Substation, and a small number of residential properties. Although this is an
operational quarry, the original planning permission granted in 2003 does not
include any significant transportation-related conditions that the operator must
comply with. Condition 9 of planning permission 03/01286/MIN states: 
“Unless otherwise agreed with the Council (as Planning Authority), the approval
hereby granted must also comply with Condition 11 relating to vehicle routing of
planning permission (reference number 99/00130/FUL) approved on 21 October
1999.” 
8.48 Condition 11 of planning permission 99/00130/FUL states: “No development shall
take place on the site until an Order under the Road Traffic Regulation Act 1984 is
in force which controls the routing of vehicular traffic to and from the site, and in
particular includes provisions which effectively prohibit vehicular traffic from
entering or exiting the A96 Trunk Road other than via the junction at Ordnance
Survey grid reference 344500 848100.” 
8.49 These conditions ensure that vehicular traffic associated with the quarry facility
uses only the section of Blackhillock Road (U43H) between the A96 and the site
access point.
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8.50 Additionally, there is a restriction on Rosehall Road (U43aH) for HGVs, further
limiting quarry traffic to the designated access route via Blackhillock Road
(U43H). 
8.51 Transportation and Transport Scotland were consulted on the proposal and have
raised no objections. Transportation’s response is subject to conditions being
imposed relating to the existing visibility splay onto the Blackhillock Road being
maintained at all times free from any obstruction exceeding 0.6 metres above the
level of the carriageway, compliance with condition 11 of 99/00130/FUL (vehicle
routing) and no water being permitted to drain or loose material be carried onto
the public carriageway. Subject to these conditions, the proposal complies with
NPF4 Policy 13 and MLDP Policy PP3. 
8.52 Amenity 
Blackhillock Quarry exists alongside nearby dwellings without raising any
significant amenity issues. The existing planning permission is subject to
conditions that control working hours, blasting hours and noise levels. 
8.53 A Noise Impact Assessment was submitted as part of this proposal; it
demonstrates that there are no significant impacts on nearby residential
properties with suitable mitigation measures implemented. Environmental Health
were consulted on the proposal and have no objections to it subject to conditions
relating to permitted operating hours, noise levels, blasting and a dust mitigation
plan. 
8.54 Given the findings of the Noise Impact Assessment undertaken, along with the
position of the Environmental Health service, there are no other material
considerations suggesting that additional controls are required beyond those
already in place to safeguard the amenity of the surrounding area. The
development continues to be acceptable in relation to the amenity of the
surrounding area and as such accords with NPF4 Policy 23 and MLDP Policy EP14. 
8.55 Conditions 
When granting a section 42 application it is good practice to “tidy up” conditions,
on the basis any grant of consent acts as a new planning permission. In order to
condense the conditions from the previous consent 03/01286/MIN, into one
consent and for ease of reference, the recommended conditions have carried
over all pertinent conditions. As a result, numbering has changed and in
summary: 
•   Condition 1 covers the time limit as requested by this application. 
•   Condition 2 is variation of condition 11 as requested by this application, it
ensures that operations are carried out in line with site design. 
•   Conditions 3 to 6 have been carried forward from planning permission
03/01286/MIN, they relate to restoration. They were previously conditions 5
to 8. Condition 4 has been slightly amended to capture the proposed
biodiversity enhancements to the restoration proposals.
•   Conditions 7 to 9 are Transportation conditions. Condition 8 reiterates
condition 9 of planning permission 03/01286/MIN. 
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•   Conditions 10 to 20 are Environmental Health conditions. Condition 10
reiterates condition 3 of planning permission 03/01286/MIN. Condition 11
reiterates condition 4 of planning permission 03/01286/MIN. Condition 15,
16, 17, 18 and 19 relate to blasting, these conditions replace condition 12 of
03/01286/MIN. 
Conclusion and Recommendation
This application relates to the proposed extension of the duration of an existing
permission and to provide for working to take place in accordance with proposed
amended site design for Blackhillock Quarry. This is necessary for the recently
approved extension (25/00917/APP) to Blackhillock Quarry. Subject to stipulated
conditions, an amended condition in the previous permission relating to
restoration as well as further conditions from Transportation and Environmental
Health the principle of the development remains acceptable and aligns with
current policy. 
It is recommended that planning permission is granted until 31 October 2040 and
to provide for working to take place in accordance with proposed amended site
design, subject to the recommended conditions. 
REASON(S) FOR DECISION
The Council’s reason(s) for making this decision are: - 
The proposed variation to conditions 2 and 11 of planning consent 03/01286/MIN
to extend the operational life of the existing permitted site until 31 October 2040
and to provide for working to take place in accordance with proposed amended
site design, subject to other updated conditions, is considered to comply with
relevant policies of National Planning Framework 4 and the Moray Local
Development Plan 2020, and there are no material considerations that indicate
otherwise.   
Author/Contact
Officer:
Emma Mitchell            
Senior Planning Officer
Ext: 01343 563326 
Neal MacPherson 
Acting Service Manager, Planning and Building Standards, Development Management
Section within Growth, Planning and Climate Service 
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WARD 01_17 
25/01457/APP
5th November 2025
Variation to condition 1 of planning permission
22/01673/EIA at Land West of Glenrothes Distillery,
Burnside Street, Rothes, Moray 
Comments: 
• No site visit required. 
• This application is a major application. 
• The proposal has been advertised for neighbour notification purposes. 
• Two representations have been received. 
Procedure:  
• None. 
Recommendation 
Grant Planning Permission - Subject to the following: 
Conditions/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 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.   Prior to any development works commencing:
a)   Details (plans/written proposals) shall be submitted for road improvements to
Burnside Street (lay-by parking or alternative scheme to be agreed with the
Roads Authority). Thereafter, unless otherwise approved in writing by the
Planning Authority the road improvements shall be completed in accordance
with the approved details prior to completion or operational use of the first
warehouse (whichever is soonest).
b)   Evidence that a Section 96 (S96) ‘Wear and Tear’ Agreement (covering the
extents of Burnside Street (U179E) from the A941 to the end of the public road
and including its junction with the A941 and the immediate approaches to it,
Item 6.
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and any other roads to be agreed by the Roads Authority which are likely to be
affected by the impact of the development construction traffic) has been
completed and signed on behalf of the Developer and the Roads Authority. 
Reason: Provision of information currently lacking from the submission, to ensure
acceptable infrastructure is provided on the route to/from the development to
accommodate construction and operational traffic in the interests of road safety. 
3.   Notwithstanding the details submitted for electric vehicle (EV) charging (which do
not show the number of charging units or their specifications), no development shall
commence until the following details have been submitted for approval by the
Planning Authority in consultation with the Roads Authority:
a)   Details confirming the number (minimum of 1) type and specifications (22Kw
minimum) of the proposed EV charging unit(s). 
Thereafter the EV charging facilities shall be provided in accordance with the
approved details prior to completion of the Filling Store and Disgoring Unit (FSDU)
and offices and shall be maintained and made available for use thereafter unless
otherwise agreed in writing by the Planning Authority. 
Reason: In the interests of an acceptable form of development and the provision of
infrastructure to support the use of low carbon transport, through the provision of
details currently lacking from the submission. 
4.  No works shall commence on site until a Construction Traffic Management Plan
(CTMP) has been submitted to and approved in writing by the Council, as Planning
Authority in consultation with the Roads Authority. The CTMP shall include the
following information:
a)   duration of works;
b)   construction programme;
c)   number of vehicle movements (i.e. materials, plant, staff, components);
d)   anticipated schedule for delivery of materials and plant;
e)   details for the volume of any materials to be removed from site and the
destinations for this in order to consider any potential impact or mitigation
required at other locations on the public road network;
f)   full details of any temporary construction access/routes including any traffic
management measures to be put in place between the site and A941;
g)   specific measures to address issues identified by the Road Safety Assessment;
h)   measures to be put in place to prevent material being deposited on the public
road;
i)   measures to be put in place to safeguard the movements of pedestrians;
j)   details for the management of deliveries to avoid peak periods during school
arrival departure and break times; 
k)  details of any specific instructions to drivers; and
l)  parking provision, loading and unloading areas for construction traffic. 
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Thereafter, the development shall be implemented in accordance with the approved
details. 
Reason: To ensure an acceptable form of development in terms of the arrangements
to manage traffic during construction works at the site. 
5.   Prior to development commencing, a finalised landscaping plan scheme must be
provided showing the phasing of the landscaping provision, and a breakdown of the
specific tree species mix and numbers in each block of planting and the phasing
delivery of the pedestrian path on the south side of the development. Prior to the
development commencing an Access Management Plan must be submitted,
developed in consultation with the Moray Access Manager and the Moray Local
Outdoor Access Forum (MLOAF) detailing arrangements for access linking existing
path routes west and east of the site. 
The landscaping, tree protection and proposed landscaping management
arrangements must be carried out in accordance with the approved details and
plans listed as part of this decision notice below. Prior to development, details will
be provided and agreed in writing for the frequency of when the proposed path shall
be mowed, strimmed and cleared of encroachment from trees, shrubs or other
vegetation. 
Reason: In order that the phasing for the delivery of the landscaping and of the new
informal path south of the warehouses is appropriately provided. 
6.  Unless otherwise agreed in writing with the Council, as Planning Authority, the
proposed build out rate of the warehouses shall follow the below build out rate as
proposed in the applicants’ submissions. 
Phasing of the development;-
•   2027/28: Preparatory works for phases 1 and 2, infrastructure installation
•   2028-2029: Phase 1 – 2 Warehouses and associated infrastructure and
landscaping
•   2029-2030: Phase 2 – 2 Warehouses with associated infrastructure and
landscaping 
•   2030-2031: Phase 3 – 2 Earthworks for Phase 3 to 5, landscaping for phases 3
to 5 and 2 Warehouses
•   2030-2031: Phase 4 – 2 Warehouses with associated infrastructure 
•   2030-2031: Phase 5 – 2 Warehouses with associated infrastructure 
Reason: In order to control the rate of construction and its impact upon local
amenity. 
7.   Prior to any of the warehouses coming into use, a specific post-construction lighting
plan, showing measures to minimise light pollution and contain any light spill in the
direction of the golf course must be submitted to and approved in writing by Moray
Council, as planning authority (in consultation with the Environmental Health
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Manager). The permanent lighting design must incorporate the mitigation measures
identified in para 8.6.42 of the “Ardcanny Maturation Warehousing EIA” submitted as
part of the application. 
Reason: In order that more detailed consideration can be given to the proposed
lighting arrangements for the development. 
8.   Unless otherwise agreed in writing with the Council, as Planning Authority, the
development shall be constructed and operated in accordance with Table 13.1
Schedule of Environmental Commitments contained within the “Ardcanny
Maturation Warehousing EIA” Report submitted as part of the application. 
Reason: In order to ensure that construction operations are undertaken in
accordance with the proposed mitigation measures and commitments to minimise
or prevent environmental disruption and reduce the impact of the development. 
9.   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). This limit shall include no waiting or stacking of HGV
construction traffic approaching the site on Burnside Street outwith these times. The
above construction hours shall apply, unless otherwise agreed in writing with the
Planning Authority, and where so demonstrated exceptional operational constraints
require limited periods of construction works to be undertaken out with the
permitted construction hours. 
Reason: To protect local residents from noise nuisance in ensuring the construction
phase is restricted within permitted hours. 
10.   No development shall commence until a Construction Environmental Management
Plan (CEMP) shall be submitted to and agreed in writing by the Planning Authority in
consultation with the Environmental Health Manager. The plan shall include
measures to minimise construction related noise (including vibration), dust and
artificial lighting. Thereafter the development will be carried out in accordance with
the agreed plan. 
Reason: In order that environmental emissions are considered and managed at the
construction phase, in order to protect local residents. 
11.   During hours (0700 to 2300 hours), the rating level of noise associated with the
development shall not exceed 30 dB at the nearest noise sensitive dwelling which
has lawfully existing or has planning permission at the date of this permission. For
the avoidance of doubt, the rating level associated with this condition is defined
within BS 4142: 2014+ A1:2019 Methods for rating and assessing industrial and
commercial sound. 
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Reason: In order that noise from the development is controlled so as not to cause
noise nuisance to local residents. 
12.   Unless otherwise agreed in writing with the Council the development must adopt the
measures detailed in the EIAR: Technical Appendix 8.4: Reptile Species Protection
Plan Para 5.4 – 5.6 Ecology Mitigation and Compensation measures and associated
Technical Appendix 8.4: Reptile Mitigation Plan. 
Reason: In order to ensure protected species are given the full range of protection
cited within the Environmental Impact Assessment Report. 
13.   If the Ardnilly farmhouse is to be demolished any later that 1 year from the date of the
planning approval a further pre-commencement bat survey (and habitat survey for
other species) must be undertaken and the recommendation submitted to and
approved by the Council, as Planning Authority in writing prior to the demolition
being carried out. 
Reason: In order to ensure that an appropriately recent survey has been undertaken
prior to any demolition of the dwelling. 
14.   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: In order to ensure that fuller consideration can be given to the potential
presence of archaeological assets upon the site and to safeguard and record the
archaeological potential of the area if present. 
15.   Unless otherwise approved in writing with the Council, as planning authority, all
warehouses, other buildings, the pump house and switch room must be built in
accordance with the most up to date submitted drawings (and specified materials
and colours) hereby listed on this planning approval. 
Reason: In order to ensure that the development is built in accordance with the
approved plans and colours as applied for. 
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16.  Unless otherwise agreed with the Council, as Planning Authority the development
must be progressed in accordance with the approved Tree Protection Plan drawing
number 1301.2 - TPP, and nine specific Tree Constraints Survey Plans drawing
numbers 1301 – TCP to 1301.9 – TCP. 
Reason: In order to ensure that the various trees throughout the site to be retained
are protected. 
17.  Prior to development commencing, a Community Wealth Building Plan shall be
submitted to and approved in writing by the Council, as Planning Authority. 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 contribute to local
and regional economic resilience by maximising opportunities for local employment,
procurement, skills development and other community wealth benefits. 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 policy 25 with
regard to community wealth building. 
Reason(s) for Decision
The Council’s reason(s) for making this decision are:- 
The proposed variation to condition 1, extending the period of approval for the whisky
maturation warehouses, associated works, landscaping, and woodland planting is
considered acceptable and complies with the requirements of the development plan (i.e.
National Planning Framework 4 and the Moray Local Development Plan 2020). There are
no material considerations that indicate otherwise. 
List of Informatives: 
The DEVELOPMENT MANAGEMENT & BUILDING STANDARDS MANAGER has commented
that:- 
A Building Warrant will be required for the proposals. 
Prior to demolition of the Ardcanny farmhouse, a possible need for a bat license from
Naturescot and updated bat survey may be required. 
The TRANSPORTATION MANAGER has commented that:- 
Before commencing development the applicant is obliged to apply for permission to
modify the existing public road, in accordance with Section 56 of the Roads
(Scotland) Act. The applicant will be required to provide technical information,
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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 
Prior to the commencement of deliveries or construction work a Section 96
Agreement under the Roads (Scotland) Act 1984 between the Developer and the
Roads Authority must be confirmed in writing by the Roads Authority. This is to
ensure that the costs to repair any damage to the public roads as a result of the
construction work traffic are met by the applicant. Guidance on the form of the
agreement can be provided on request by emailing transport.develop@moray.gov.uk 
No site traffic shall be allowed to load/unload, wait or park on the U179E Burnside
Street. 
If required, street furniture which needs to be repositioned will be 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 e-mailing
transport.develop@moray.gov.uk 
The applicant shall ensure that their operations do not adversely affect any Public
Utilities, which should be contacted prior to commencement of operations. 
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. 
The Transportation Manager must always be contacted before any works
commence. This includes any temporary access, which should be agreed with the
Roads Authority prior to work commencing on it. 
The SCOTTISH ENVIRONMENTAL PROTECTION AGENCY has comments that:- 
Control of Major Accident Hazards Regulations 2015 (COMAH) 
The adjoining Glenrothes Distillery is presently a COMAH ‘Lower Tier’ site under The
Control of Major Accident Hazards Regulations 2015. Due to the close proximity of
the proposed new warehousing to the existing distillery, it is likely the COMAH
Competent Authority (HSE & SEPA) will aggregate the increased storage afforded by
the development to the distillery. Distilled spirit is a Section ‘P5c’ dangerous
substance under Schedule 1 of the Regulations as it is classed as a flammable
liquid. The combined site will eventually reach the 50,000 tonne threshold for an
‘Upper Tier’ premises and will be subject to more stringent requirements.
Discussions will be necessary between the COMAH Competent Authority and the
Applicant to determine the date on which the UT threshold may be reached, based
upon the rate at which distilled product is storing up in the new warehousing, as
constructed over a phased period. A new COMAH Safety Report will be required
before the UT threshold is reached. Concurrently, an Environmental Risk
Assessment (ERA) should be undertaken to determine the potential for a Major
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Accident to the Environment (‘MATTE’) from the enlarged premises, in accordance
with recognised evaluation methodologies (eg Scotch Whisky Association, or CDOIF
– Chemical and Downstream Oil Industries Forum). 
Due to the revised nature of this proposal, in terms of a plan for 10 warehouses
instead of 19, any previous consent obtained under The Town and Country Planning
(Hazardous Substances) (Scotland) Regulations 2015 for the increased warehousing
capacity, will now require a fresh application to be made to the Local Authority under
these Regulations. The application should be made now, if it has not already been
done. Both SEPA and HSE are also statutory consultees in this separate but related
process. 
The detailed design of the premises should follow recognised good practice as laid
down by the Scotch Whisky Association and HSE and observe any further and
relevant guidance as signposted under the COMAH Regulations which address
technical elements as they relate to specific parts of the site, including the
Warehousing, the Tank Farm, the FSDU, the Tanker Loading Bay, as well as the
ancillary services (electrical, mechanical and chemical) which service these parts. 
Further details of COMAH requirements and contact details of the regulatory
services team, if the applicant requires further COMAH advice, can be found on our
website at: https://www.sepa.org.uk/regulations/control-of-major-accident-
hazards-comah/ 
LIST OF PLANS AND DRAWINGS SHOWING THE DEVELOPMENT
Reference No. Version No. Title/Description
EC22368:00:101  Location plan 
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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 W
est Of Glenrothes Distillery
Burnside Street Rothes
Planning Application Ref Number: 
25/01457/APP
Location Plan
Applicant Name:
Edrington
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Location
plan
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Proposed
site
plan
16/01664/APP
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PLANNING APPLICATION: 25/01457/APP 
In the event that a recommendation on this planning application is overturned the
Committee is reminded of the advice contained on the front page of the agenda for Reports
on Applications 
1.   THE PROPOSAL 
•   Application under Section 42 of the Town and Country Planning (Scotland)
Act 1997 (as amended) to vary Condition 1 of planning permission
22/01673/EIA to extend the period for implementation.
•   Planning permission 22/01673/EIA was granted for the erection of 10 whisky
maturation warehouses, together with associated works, landscaping, and
woodland planting. The proposal was approved by the Planning and
Regulatory Services Committee at its meeting on 30 May 2023, with the
decision notice issued on 31 May 2023.
•   Condition 1 of the consent specifies that the planning permission will expire
on 31 May 2026 if not implemented.
•   The supporting information submitted with the Section 42 application
explains that delivery of the approved development has been delayed due to
recent economic challenges affecting the Scotch whisky industry.
Notwithstanding this, the applicant confirms its continued commitment to
the planned investment at Glenrothes Distillery and advises that
commencement of the consented development has only been deferred.
•   Accordingly, the application seeks a variation of Condition 1 to extend the
implementation period for a further three years. 
•      The applicant proposes to commence preparatory works for Phases 1 and 2
in 2027/28, followed by construction of the first two warehouses during
2028/2029. 
2.   THE SITE 
•   The application site is located to the west of the settlement of Rothes,
occupying an elevated shoulder of land above the village. It lies between two
valleys formed by the Back Burn and the Burn of Rothes, both of which flow
eastwards through Rothes.
•   The site extends to approximately 50 hectares and comprises existing
distillery laydown areas and barrel storage, together with land formerly
associated with Ardcanny Farm. The site contains several stands of
woodland, field margins, and farm tracks. The eastern extent of the site falls
within the settlement boundary and includes areas designated as Rothes I2
(Distilleries) and ENV6 Natural / Semi-Natural Spaces.
•   The site is characterised by undulating land. However, notable earthworks
have already been undertaken at the eastern portion of the site where
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existing barrel storage areas are located, resulting in levelled platforms with
engineered embankments forming the margins of these operational areas.
•   Access to the site is solely via Glenrothes Distillery, with vehicles routing
along Burnside Street to New Street (A941). Residential properties are
situated along Burnside Street to the east of the distillery, through which site
access is currently achieved.
•   There are no national or local environmental designations covering the site,
with the exception of areas identified on the Woodland Inventory, where
native and inventory woodland flanks the existing access track leading to
Ardcanny Farm. The site does not contain any land classified as prime
agricultural land.
•   The existing distillery is a registered Health and Safety Executive (HSE) site.
The proposal lies immediately to the north of the distillery and falls within its
associated consultation distance. 
3.   HISTORY 
For the site: 
22/01673/EIA – Planning permission granted for the erection of 10 whisky
maturation warehouse buildings, associated works (tank farm and tanker bay
area, various plant and buildings including a filling store disgorging unit (FSDU),
laydown areas, SuDS drainage, roads, services and fencing), landscaping, forestry
paths and 15 hectares of structural woodland planting – approved 31 May 2023.
Six phases of development were anticipated.   
22/00057/PAN - Received in January 2022, a proposal of application notice was
received for this site and a larger area proposing new maturation warehousing
(21no 3-cell warehouses), FSDU, wetlands, SuDS ponds, tree nursery and
associated roads and services. The subsequent application reduced this number
and area back further east than was proposed at the PAN stage. 
21/01010/SCO - Environmental Impact Scoping request for the proposed
development comprises whisky maturation warehouses a tank farm tanker bay,
FSDU office and welfare building 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 late 2021. 
00/02012/SUB - Deemed hazardous substances consent issued for the existing
Glenrothes Distillery and cask storage area approved under planning application
00/01226/FUL. Deemed consent issued December 2000. 
00/01226/FUL - Planning permission granted at Committee to form a cask storage
compound at Glenrothes Distillery, Burnside Street, Rothes, Aberlour, Banffshire,
AB38 7AA. Approved in October 2020, this area occupies the eastern end of the
development on the area proposed for warehouses 1, 2 and 3. 
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4.   POLICIES 
National Planning Framework 4 (NPF4) 
NPF2 - Climate mitigation and adaptation 
NPF1 - Tackling the Climate 
NPF3 - Biodiversity 
NPF4 - Natural Places 
NPF5 - Soils 
NPF6 - Forestry, woodland and trees 
NPF7 - Historic assets and places 
NPF9 - Brownfield, vacant, derelict land 
NPF12 - Zero waste 
NPF14 - Design, quality and place 
NPF18 - Infrastructure first 
NPF20 - Blue and green infrastructure 
NPF22 - Flood risk 
NPF23 - Health and safety 
NPF25 - Community wealth building 
NPF26 - Business and industry 
NPF29 - Rural development 
Moray Local Development Plan 2020 (MLDP)
PP1 Placemaking 
PP2 Sustainable Economic Growth 
PP3 Infrastructure and Services 
DP1 Development Principles 
DP5 Business and Industry 
EP2 Biodiversity 
EP3 Special Landscape Areas 
EP5 Open Space 
EP6 Settlement Boundaries 
EP7 Forestry Woodland and Trees 
EP12 Management and Enhancement Water 
EP13 Foul Drainage 
EP14 Pollution Contamination Hazards 
Rothes - I2 The Distilleries 
Rothes ENV6 - Natural/Semi-Natural 
Rothes ENV9 - Cemeteries and Proposed Extensions 
5.   ADVERTISEMENTS 
Application advertised for neighbour notification purposes. 
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6.   CONSULTATIONS 
Moray Flood Risk Management – No objection. 
Strategic Planning and Development - No comments to make on requested
variation to condition 1 as change relates solely to the time period of
implementation of planning permission 22/01673/EIA. 
Planning and Development Obligations - No obligations sought. 
Environmental Health Manager – No objection. 
Transportation Manager – No objection to the proposed variation of condition 1
in respect of extension of time period for implementation. 
Contaminated Land - No objection. 
Private Water Supplies - No objection. 
Moray Access Manager - No objection. 
Aberdeenshire Council Archaeology Service – No objection, highlights that
there remains work outstanding under condition 14 of 22/01673/EIA as
archaeological post-excavation analysis has yet to be agreed and undertaken.
Until such time as the Post-Excavation analysis is agreed, this condition must
remain live and therefore requests that condition 14 of 22/01673/EIA is brought
forward on any new decision notice relating to the current application. 
Scottish Water - No response received at time of writing report. 
Scottish Environment Protection Agency – No objection. 
Health And Safety Executive - Does not advise against granting of consent. 
Scottish & Southern Electricity Networks - No objection. 
Scotland Gas Networks Ltd – No response received at time of writing report. 
The Speyside Council - No response received at time of writing report. 
Grampian Fire Brigade - No response received at time of writing report. 
Spey Fishery Board - No response received at time of writing report. 
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
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Protection Regulations (paragraph 3 of Minute, Planning & Regulatory Services
Committee 16 September 2014). 
Two representations have been received. 
All representations have been considered, and where material to planning given
the appropriate weighting as part of the overall recommendation to Committee.
Below is a summary of the representations received and officers’ response where
necessary. 
Issue: Traffic and road safety concerns: 
•   Concerns that once works are complete, traffic levels, particularly lorries,
will increase along Burnside Street. A bend in the road outside the
contributor’s property, compounded by a large tree opposite, means that
when lorries meet, one is forced onto the pavement, creating a safety risk.
•   Any additional freight traffic associated with the application will worsen
current conditions, exacerbating safety risks, parking difficulties, and
access issues.
•   Existing parking problems are being worsened by distillery visitors parking
outside the property. It is noted that the distillery owns adjacent land which
could potentially be used as a dedicated car park to alleviate this issue. 
Comments (PO): 
•   The Transportation Manager has been consulted and has raised no objection
to the proposed variation of condition 1 to extend the time period for
implementation. Conditions previously recommended requiring road
improvements to Burnside Street, a signed section 96 Wear and Tear
agreement and a Construction Traffic Management Plan (CTMP) shall be
reattached to the decision notice.  Subject to these being satisfied, the
access road and surrounding road network are considered capable of
accommodating the development traffic without resulting in unacceptable
road safety impacts.  
•   It is acknowledged that the construction activity will occur over a six year
period, albeit at a rate of two warehouses per year once preparatory works
for the first two phases are complete in 2027/28. In the long term, whisky
from the distillery would be transported to the warehouses as and when they
are constructed rather than to maturation storage elsewhere.
•   While the concerns raised are related to the operational distillery, rather
than the proposed development traffic, the need to enhance the road where
possible is reflected in the previous recommended condition requiring
improvements, including lay-by parking (or an alternative scheme to be
agreed) on Burnside Street. Conditions also seek to prevent construction
HGV’s from waiting or ‘stacking’ on Burnside Street while waiting to enter the
construction site. 
Issue: Noise and night‑time disturbance, and vibration: 
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•   Concerns that increased lorry movements, especially at night, will result in
additional noise disturbance, as heavy vehicles already generate significant
noise when passing close to properties on Burnside Street.
•   The lorries pose a danger to the houses and increase vibration experienced
at the properties. 
Comments (PO): 
•   Conditions recommended by the Environmental Health Section to ensure
that construction traffic will not contribute to traffic activity during the
evening or night shall be reiterated. Current distillery traffic is however
outwith the remit of this application.
•   Subject to the recommended condition securing improvements to Burnside
Street, the road is considered capable of accommodating the additional
traffic associated with the development without giving rise to unacceptable
vibration impacts. The Environmental Health Section has raised no objection
to the proposal in this regard.   
Issue: Impact on property value and lack of engagement: 
•   Ongoing traffic conditions have affected property value and raised fears of
residents being forced to move, compounded by a lack of response from the
applicant and authorities, and an apparent failure to engage directly with
affected residents on site. 
Comments (PO): 
•   Impact on private property value is not a material planning consideration
and cannot be considered in the determination of a planning application.
Similarly, while applicants are encouraged to engage constructively with
neighbours, any dialogue, or concerns about communication, would be
matters to be pursued directly between the parties involved. 
8.   OBSERVATIONS 
8.1 Section 42 of the Town and Country Planning (Scotland) Act 1997 as amended
allows applicants to apply to develop land without compliance with conditions
previous attached to a planning consent. In determining such an application, the
Council, as Planning Authority can only consider the conditions subject to which
planning permission should be granted and may:
•   grant permission unconditionally (i.e. remove the conditions attached to the
planning consent);
•   grant permission conditionally with differing conditions; or
•   refuse the application (i.e. keep the conditions attached to the planning
consent). 
8.2 The principle of the development itself cannot be revisited under a Section 42
application. 
8.3 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
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Framework 4 (NPF4) and adopted Moray Local Development Plan 2020 (MLDP)
unless material considerations indicate otherwise. 
8.4 The main issues are considered below: 
8.5 Policy Considerations 
In determining whether the proposed alternative condition is acceptable,
consideration is limited to whether the variation of condition complies with
relevant planning policy. The established planning principles of the wider
development are not open to reconsideration. 
8.6 Planning permission 22/01673/EIA was assessed against the development plan
currently in force, namely National Planning Framework 4 (NPF4) and the Moray
Local Development Plan. There has been no material change in planning policy in
the intervening period and, no change in policy position in respect of the approved
warehouse buildings. 
8.7 The applicant’s supporting statement outlines that delivery of the consented
development has been delayed as a result of recent economic challenges
affecting the Scotch whisky industry. Notwithstanding these circumstances, the
applicant has confirmed their continued commitment to the planned investment
at Glenrothes Distillery and is therefore seeking an extension to the
implementation period to allow sufficient time for the approved development to
be delivered, in line with updated proposed build-out rates for the proposed
warehousing. 
8.8 In planning policy terms, the proposed variation of Condition 1 to extend the time
period of implementation is considered acceptable.   
8.9 It is noted that a Community Wealth Building Plan was not submitted in support of
the original application, as this requirement pre‑dated the adoption of the
Community Wealth Building Planning Policy Guidance (associated with NPF4
Policy 25), which came into effect after May 2023.  Policy 25 seeks to support
development which contributes to local and regional economic resilience by
maximising opportunities for local employment, procurement, skills development
and other community wealth benefits. 
8.10 Given that this guidance is now in place, it is considered reasonable and
necessary to attach an additional suspensive condition requiring the submission
and approval of a Community Wealth Building Plan. This will ensure that the
development accords with current policy expectations, including NPF4 Policy 25.
The applicant has confirmed that they are content with this approach. 
8.11 Environmental Impact Assessment Regulations
This application has been screened under regulations 6 – 9 of Town and Country
Planning (Environmental Impact Assessment) (Scotland) Regulations 2017. The
Council, as Planning Authority, has adopted an opinion that no EIA is required
(over and above that already undertaken as part of planning application
22/01673/EIA).
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8.12 The Environmental Impact Assessment Report accompanying application
22/01673/EIA remains valid for the purposes of assessing the current proposal.
That assessment concluded that, with embedded design measures and mitigation
applied, the maturation development would not result in any significant residual
environmental effects. Specifically, landscape and visual impacts were assessed
as non‑significant following layout refinement, landform bunding and extensive
native woodland planting. Hydrological and hydrogeological risks were found to
be effectively managed through SuDS design, watercourse buffers and
construction‑phase controls. Ecological impacts on protected species, including
bats, badger, barn owl and reptiles, were mitigated through licensed protection
measures, habitat creation (within an Outline Biodiversity Enhancement Plan) and
sensitive lighting. Air quality, odour, noise, climate‑related (greenhouse gas
emission) and accident‑risk effects were also assessed as negligible or minor. 
8.13 Consultees have raised no objections to this application, subject to reiteration of
conditions applied to 22/01673/EIA, covering matters such as drainage, ecology,
landscape implementation, construction management, traffic and operational
controls to ensure continued compliance with the mitigation measures identified
through the original EIA process. 
Conclusion and Recommendation 
The proposed variation is consistent with planning policies in place (noting there
has been no change to policy since the original grant of consent). The findings of
the EIA report also remain relevant and there is no requirement for further
supporting information over and above that already approved. 
Approval of this request variation would support the whisky industry, and
accordingly it is recommended that condition 1 applied to planning permission
22/01673/EIA is varied as per the request. The other conditions are to be
reiterated or updated to reflect new proposed build-out rates of the warehousing
as part of this recommendation, along with the additional condition to address the
requirement for a Community Wealth Building Plan. 
REASON(S) FOR DECISION
The Council’s reason(s) for making this decision are: - 
The proposed variation to condition 1, extending the period of approval for the
whisky maturation warehouses, associated works, landscaping, and woodland
planting is considered acceptable and complies with the requirements of the
development plan (i.e. National Planning Framework 4 and the Moray Local
Development Plan 2020). There are no material considerations that indicate
otherwise. 
Author/Contact
Officer:
Richard Smith            
Principal Planning Officer
Ext: 01343 563256 
Neal MacPherson
Acting Service Manager, Planning and Building Standards
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Report to: Planning and Regulatory
Services Committee
Meeting Date: 5 March 2026    
Report by: Executive Director Economy, Enterprise and Operations      
Author: Richard Smith  Contact
Email:
Richard.smith@moray.gov.uk 
Subject: 25/01638/PAN - Proposed residential development with flexible
retail/commercial floor space including associated roads, drainage and
landscaping on Land West of A941 Lossiemouth Road, Findrassie, Elgin. 
1.  PURPOSE 
☒ For Decision      ☐  For Information 
1.1  The purpose of this report is to inform the Committee that a Proposal of Application Notice
(PAN) was submitted on 19 December 2025 on behalf of Barratt North Scotland and to
invite any comments from Elected Members.  
1.2  This report is submitted to Committee in terms of Section III (E) (1) of the Council’s
Scheme of Administration relating to exercising the statutory functions of the Council as
a Planning Authority.  
2.  SUMMARY  
2.1  This report affords to Members the opportunity to give feedback (if desired) and
contribute to the formal pre-planning application public consultation process for this
prospective major planning application.  
3.  RECOMMENDATIONS 
3.1  It is recommended that 
i)  in noting the terms of this report, the Committee advise upon any
provisional views/relevant issues that Members of this Committee (or
any other Member(s) of the Council) wish to raise about the proposed
development so that these matters can be recorded and thereafter fed
back to the prospective applicant in order to inform the development of
their proposed formal application for planning permission: and   
Item 7.
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ii)  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.   
Author Name: Richard Smith  
Job Title: Principal Planning Officer 
4.  BACKGROUND AND CONTEXT  
4.1  The Scottish Government has published guidance which encourages Elected Members
to highlight any issues with a proposed development at the pre-application stage which
they would wish to see taken into account within any formal application for planning
permission. This report gives the Committee and the Council, the opportunity to identify
any key issues/provisional views about the proposed development and that these
matters be reported back to applicant.  
4.2  This report is not about the merits of the proposed development but rather, based on
local knowledge of local issues and wider concerns, etc. Members are invited to
identify any matters relevant to the proposal. These will be reported back to the
prospective applicant for their information and attention, and to inform the development
of the proposed application. It is also proposed that, for information, Members’
comments be forwarded to consultees likely to be involved in any formal application for
planning permission for the proposal.  
5.  PROPOSALS  
5.1  As described, this PAN relates to a proposal for a proposed residential development with
flexible retail/commercial floor space including associated roads, drainage and
landscaping on land to the west of A941 Lossiemouth Road, Findrassie, Elgin. The site
extends to 39 hectares and forms the northern part of the Elgin R11 Findrassie residential
designation and the wider Findrassie Masterplan area, as identified in the Moray Local
Development Plan 2020. A plan is appended showing the location and extent of the site
(Appendix 1). The southern part of the site, including Myreside Farm, its pond, and
adjacent farmland, also lies within ‘Area 1’ land, with planning permission in principle
(Refs: 17/00834/PPP and 19/01085/APP) for a mixed-use development and advanced
woodland planting. This area was approved in principle for a central open space,
community hub, woodland, housing, and commercial/employment land and is currently
the subject of a separate application for approval of matters specified in conditions
(25/01622/AMC). 
5.2  Planning permission is required for this proposal. Relative to the current Hierarchy
Regulations, the proposal would comprise a major development for planning purposes
under Class 2 ‘Housing’ and 9 ‘Other Development (i.e. retail/commercial)’ as the site
exceeds 2 hectares. As such, the proposal will be subject to PAN consultation procedures
with the local community. Pre-application has been sought and provided on the
development. The applicant(s) has been advised of the Council’s pre-application advice
service to assist in identifying key issues and information that would be expected to
accompany any formal application.  
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5.3 A formal response has been issued to the applicant’s agent to confirm that the proposed
arrangements for engaging with the local community are sufficient. The applicant has
notified Elgin and Heldon Community Councils, ward councillors and the local MP and
MSP. The applicant’s agent has been advised that no additional parties require to be
notified with a copy of the PAN.  
5.4 The PAN advised that two public events will be held at Bishopmill Hall, Elgin on 22 January
and 16 February. The events required to be advertised locally in advance and to allow an
opportunity for feedback on the proposal. For validation purposes for a major application,
the applicant is required to submit a pre-application consultation report setting out the
steps taken to consult with the local community together with details of comments made
on the proposal and how the applicant has responded to all comments made on the
proposal in the development of the application.  
6.  SUMMARY OF IMPLICATIONS  
6.1  The range of implications are limited at this stage in the process which relates to early
consultation and engagement with the planning process. The table below shows whether
risks and implications apply if the recommendations are agreed: 
SUBJECT YES NO
Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) 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 
6.2  Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP))
Improved Collaborative Leadership, as part of continuous improvement through Best
Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. 
a) Links to Council Corporate Plan – The proposals in this report support and contribute
to improved outcomes for communities as outlined in the following Council Plan
strategic priorities:
☐ Tackle Poverty and Inequality.
☐ Build Stronger Greener Vibrant Economy.
☒ Build Thriving, resilient, empowered Communities.   
b) Links to Local Outcomes Improvement Plan – The proposals in this report support
and contribute to improved outcomes for communities as outlined in the following
Local Outcomes Improvement Plan priorities:
☐ Developing a diverse, inclusive, and sustainable economy
☐ Building a better future for our children and young people in Moray.
☒ Empowering and connecting communities.
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☐ Improving wellbeing of our population.   
6.3  Policy and Legal
Scottish Government guidance on the role of elected members in pre-application
procedures affords members the opportunity to offer general provisional views on
forthcoming developments which are the subject of a PAN where the details of the
development have yet to be finalised.  
6.4  Financial 
None. 
6.5  Risk 
None.  
6.6  Staffing 
None.  
6.7  Best Value and Transformation 
None.  
6.8  Property 
None.  
6.9  Information Communications/Technology/Digital 
None.  
6.10  Equalities, Social Inclusion and Economic Impact 
None.  
6.11  Climate Change and Biodiversity Impacts 
As this is a Proposal of Application Notice no information is provided at this stage to
consider the climate change and biodiversity impacts of this proposal. Nonetheless, all
development will result in a degree of impact on climate change and biodiversity, and this
will be considered as the proposal progresses through the planning process. 
7.  CONSULTATION  
7.1  This report has been prepared in consultation with the Executive Director (Economy,
Enterprise and Operations), the Head of Growth, Planning and Climate, Service Manager
Legal Services, the Acting Service Manager Planning and Building Standards, the Equal
Opportunities Officer, the Service Manager Strategic Planning and Development, and Lissa
Rowan, Committee Services Officer and any comments made have been incorporated
into the report.  
8.  BACKGROUND PAPERS  
8.1  None.  
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Report to:  Planning and Regulatory
Services Committee
Meeting
Date: 
5 March 2026  
Report by:   Executive Director Economy, Enterprise and Operations 
Author:   Neal MacPherson  Contact
Email: 
neal.macpherson@moray.gov.uk 
Subject:  Review of Enforcement Charter and update on Enforcement 
1.  PURPOSE 
☒ For Decision      ☐  For Information 
1.1  The purpose of this report is to ask committee to approve the revised Enforcement Charter
and provides an update on Planning Enforcement activity.  
1.2  This report is submitted to Committee in terms of Section III E (1) of the Council’s Scheme
of Administration relating to the statutory functions of the Council as a Planning Authority.   
2.  SUMMARY  
2.1  The Town and Country Planning (Scotland) Act 1997 as amended by the Planning etc.
(Scotland) Act 2006 requires a planning authority within two years after publishing their
last Enforcement Charter, to prepare an Enforcement Charter; 
That is to say, a document in which are set out a statement of the authority's policies as
regards their taking enforcement action for the purposes of this Act, an account of how
members of the public are to bring any ostensible breach of planning control to the
attention of the authority, an account of how any complaint to the authority as regards the
taking by them of enforcement action is to be made, and of their procedures for dealing
with any such complaint. 
Item 8.
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3.  RECOMMENDATIONS 
3.1  It is recommended that Committee   
i)  note the contents of this report; and 
ii)  agree the updated Enforcement Charter as set out in Appendix 1   
Neal MacPherson – Acting Planning and Building Standards (job share)   
4.  BACKGROUND AND CONTEXT  
4.1  The Planning Enforcement Charter was last reviewed by this Committee on the 19
December 2023. (para 13 of the minute refers) 
4.2 The Development Management Planning function is assessed under the National Planning
Improvement Framework (NPIF) which is the new way of assessing/improving the planning
service replacing the former Planning Performance Framework (PPF). 
4.3 Within NPIF, various actions are proposed to see performance and service maintained or
improved. These actions include ensuring that all relevant advice is up to date and
regularly reviewed. This includes ensuring the bi-annual update of the Planning
Enforcement Charter.   
5.  CURRENT ENFORCEMENT POSITION  
5.1  Planning Enforcement during 2025 was undertaken by one part time (0.5 FTE) Planning
Enforcement Officer and two part time (0.5FTE) Condition Compliance Officers. The
Planning Enforcement Officer deals primarily with breaches of planning control relating
to unauthorised development, amenity and use of land, High Hedge enquiries and
unauthorised works to trees protected by a Tree Preservation Order. The Condition
Compliance Officers monitor approved planning applications to ensure that they are
developed as per the approved conditions and plans. This monitoring includes both
local and major applications. The current level of enforcement cases remains high, with
the workload difficult to manage for the 0.5FTE Planning Enforcement Officer. This
situation may necessitate the reduction of action relating to Tier 3 enforcement priorities
contained on page 5 of the Enforcement Charter for domestic and other minor breaches.  
5.2  Supervision of Enforcement is undertaken by the Service Manager who monitors
workload and advises on actions along with input from other internal, and where
appropriate, external consultees.  
5.3  In 2025 there have been 303 enforcement cases/condition monitoring cases opened
that have required investigation and/or research. This is compared to a total of 249 cases
over the same period in 2024. Of the 303 enforcement cases opened in 2025, 84% cases
have been closed with the average time taken to deal with these cases being 5.1 weeks. 
5.4 One of the Enforcement targets is to close 75% of cases received within 10 weeks, the
84% achieved exceeds this. 
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5.5 Of the cases closed in 2025 that have been resolved it will be for one of the following
reasons: 
i. through the submission of a retrospective planning application which is then
approved;
ii. the breach not requiring planning permission as it does not constitute development;
iii. the development is considered Permitted Development;
iv. a planning assessment being made that it is not expedient to pursue any formal
enforcement action;
v. Enforcement Action taken to remedy Breach. 
5.6 In 2025, 37 retrospective planning applications were submitted and either approved with
planning conditions or refused. The ones refused then became subject of enforcement
reports (unless a local review was sought and granted). 
5.7 During 2025 the following formal notices have been issued:-
i. Enforcement Notice 4
ii. Temporary Stop Notice 0
iii. Stop Notice 0
iv. Breach of Condition Notice 0
v. S.179 Amenity Notice 0
vi. High Hedge Notice 0
vii. Direct Action 2
viii. 272 Notices 4 
TOTAL NUMBER OF NOTICES ISSUED = 10 
5.8  The Moray Planning Enforcement Charter (Appendix 1) has been reviewed and updated
to make minor changes to sections for ease of reference and understanding. Where
applicable it also updates any changes following the management restructure and
resultant change in title of services and staff.   
6.  SUMMARY OF IMPLICATIONS  
6.1 The table below shows whether risks and implications apply if the recommendations are
agreed: 
SUBJECT YES NO
Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan)  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 
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The legal and policy implications of not having an up-to-date Enforcement Charter is it
should be reviewed on a bi-annual basis as required by the Planning etc. (Scotland)
Act 2006. This ensures it is up to date and relevant in relation to the Councils Planning
Enforcement Priorities. 
6.2 Corporate Plan and 10 Year Plan (Local Outcomes Improvement Plan (LOIP))
Improved Collaborative Leadership, as part of continuous improvement through Best
Value, will better enable the Council to fulfil the ambitions set out in its strategic plans. 
a) Links to Council Corporate Plan – The proposals in this report support and contribute
to improved outcomes for communities as outlined in the following Council Plan
strategic priorities:
☐ Tackle Poverty and Inequality.
☐ Build Stronger Greener Vibrant Economy.
☒ Build Thriving, resilient, empowered Communities. 
b) Links to Local Outcomes Improvement Plan – The proposals in this report support
and contribute to improved outcomes for communities as outlined in the following
Local Outcomes Improvement Plan priorities:
☐ Developing a diverse, inclusive, and sustainable economy.
☐ Building a better future for our children and young people in Moray.
☒ Empowering and connecting communities.
☒ Improving wellbeing of our population. 
6.3 Policy and Legal 
There would be a risk to the integrity of the Charter were it not updated within a two-year
period in line with legislation. 
6.4 Financial 
None 
6.5 Risk 
None 
6.6 Staffing 
None  
6.7 Best Value and Transformation 
None  
6.8 Property
None  
6.9 Information Communications/Technology/Digital 
None  
6.10 Equalities, Social Inclusion and Economic Impact 
None  
6.11 Climate Change and Biodiversity Impacts
None   
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7.  CONSULTATION  
7.1 This report has been prepared in consultation with Head of Climate, Growth and Planning,
Service Manager Planning and Building Standards Manager, the Service Manager Legal
Services, the Finance Manager, the HR Manager and Lissa Rowan, Committee Services
Officer and any comments made incorporated into the report. 
8.  BACKGROUND PAPERS  
8.1  Appendix 1 Updated Planning Enforcement Charter 2026-28   
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GROWTH, PLANNING AND CLIMATE
PLANNING
ENFORCEMENT  CHARTER
Planning Enforcement, Monitoring Planning
Conditions, High Hedges & Advertisements
2026 -2028
Appendix 1
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–2026 - 2028 Planning Enforcement Charter  
Moray Council Planning Enforcement Charter 
Contents
Planning Enforcement - Overview 1
Key Points on Planning Enforcement 2
Main Issues Is it a Planning matter? 3
Section 1 Priorities for Enforcement 5
Section 2 How to request an investigation into a 6
possible breach of planning control
Section 3 Monitoring Planning Conditions 7
Section 4 High Hedges 8
Section 5 Advertisements 8
Section 6 How to make a suggestion or complain 10
about the lack of Planning Enforcement
Section 7 Powers available to deal with breaches of 10
planning control 
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.     
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2026 - 2028 Planning Enforcement Charter 1   
Planning Enforcement Overview 
Planning legislation requires the Council to prepare and publish a Planning Enforcement Charter. The Charter explains how the enforcement process works, the role of the Council, how we engage with developers and the service standards it sets itself. It also details what happens at each stage of what can be a lengthy process. 
Planning permission is required for the majority of development that takes place in Scotland, with the exception of development that is permitted under the Town and Country Planning (General Permitted Development)(Scotland) Order 1992 and other subsequent amendments. Sometimes, however, developers or householders undertake work without planning permission or fail to implement the consent they have been granted in accordance with the approved plans and conditions. 
Councils have powers to enforce planning controls in such cases, if they consider it is expedient and in the public interest to do so. We monitor developments to ensure planning controls are being followed, but there is also a role for the public in alerting the Council to any breaches of planning control they become aware of. 
Enforcement can, in some cases, be one of the most complex parts of the planning system and can affect many members of the community. The aim of this charter is to ensure that adopted procedures are fair, reasonable, consistent and accountable, and that interested parties are fully aware of the procedures involved in the process, the powers available to the Council, and the limits of those powers. 
We hope you will find this enforcement charter helpful and let us know if you think we could improve the service further. 
Further copies of this Charter are available on the Council’s website at Enforcement Charter, in local Libraries, local Council offices and from the address below: 
Service Manager Planning and Building Standards Moray Council Council Offices Elgin
IV30 1 BX
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2 
Key points on planning enforcement
Breaches of planning control do not, in most cases, constitute a criminal offence; however, unauthorised works to a listed building, or to a tree protected by a Tree Preservation Order, both of which are investigated by the enforcement team, do. The purpose of planning enforcement is to try and resolve the breach of planning control in the first instance where appropriate. However, enforcement action will be taken when it is deemed necessary to control the breach and to prevent further breaches occurring. Any action taken has to be proportionate to the scale of the breach and to the effect that it has on local amenity. Not complying with any formal notice that is served will result in a criminal offence taking place. 
The Moray Council has statutory powers to investigate development carried out without planning permission, the breach of conditions attached to planning consents and other environmental matters which give rise to concern over general amenity. This can include land which has been allowed to deteriorate to such an extent that it affects the appearance of a wider area. We will take formal action where a satisfactory outcome cannot be achieved through negotiation. This means that the Council has to consider whether it is in the public interest to take enforcement action, and may decide that no action is necessary. 
Where development has taken place without the necessary planning consent the Council would in most circumstances seek a retrospective application to consider whether what has been undertaken complies with the National Planning Framework 4 and the Moray Local Development 2020 and associated guidance before considering formal enforcement action unless where it was considered expedient for the breach to cease more timeously (to prevent injury or harm to amenity or in the interests of road safety). 
The Council’s authority to take enforcement action comes from government legislation. Further information on the use of enforcement powers can be found in the Scottish Government publication
Planning Circular 10/2009: Planning Enforcement.
In relation to Listed Buildings and Conservation Areas guidance can be found in the Managing Change
Series (Historic Environment Scotland): Intervention by Planning   Authorities
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2026 - 2028 Planning Enforcement Charter 3   
Main issues
Is it a Planning Matter?
It is a common perception that planning can intervene to resolve all environmental matters. Many issues that are raised are controlled through other regulatory bodies. 
The following are examples of issues that the Enforcement team cannot assist with:
Civil disputes i.e. neighbour nuisance/boundary and land ownership disputes Enforcement of conditions on title deeds Noise and odour enquiries unless covered by a planning condition General land maintenance e.g. grass cutting
Any wildlife Crime under the Wildlife & Countryside Act 1981 (as amended)
If we receive an enquiry which requires the involvement of another Council service we will pass it to the relevant service and we will inform you who we have contacted on the matter. The main objective of planning enforcement is to remedy the undesirable effects of unauthorised development and to bring unauthorised activities under control, ensuring that the amenity of neighbours or a community is not adversely affected.
A breach of planning control is:
Operational development such as building or engineering works which; does not have planning permission or
benefit from permitted development rights.
Material change of use of land or buildings which has a different or tangible impact in terms of land use.
Development which has not been carried out in accordance with an approved planning permission.
Failure to comply with a condition attached to a planning permission.
Other matters which also fall under the scope of planning control are;
Demolition taking place in Conservation areas, without Conservation Areas consent.
Works carried out to a Listed Building which effect the historic character or setting.
Planning and related consents, any conditions and also the approved plans can be viewed on line at
Public Access   
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4 
The Council follows guiding principles in relation to planning
enforcement:
Expediency: Planning enforcement is a discretionary power which requires the Council to
consider whether it is in the public interest to take enforcement action. There is no requirement for the Council to take any particular action on a breach of planning control; in many circumstances it is considered that action is not necessary or would be disproportionate to the breach. This approach is in line with Scottish Government guidance which states that formal enforcement action should not normally be taken where the breach does not cause harm. 
Consistency: Each enquiry presents its own unique set of circumstances, we will endeavour to
carry out our duties in a fair, equitable and consistent manner. 
Proportionality: To ensure that any enforcement action taken is proportionate to the scale
and nature of the breach that has occurred. 
Negotiation: The enforcement powers provide leverage to resolve breaches and are not
intended to be used as a punishment. In all but the most severe cases requiring immediate attention, we will seek to negotiate compliance in the first instance. However, negotiations will not be allowed to cause unreasonable and unjustified delay.
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2026 - 2028 Planning Enforcement Charter 5   
Section 1 - Priorities for Enforcement
Whilst all enquiries will be investigated we recognise that when an enquiry is made there is a high expectation for the matter to be resolved quickly and delays can be frustrating. Due to the large number of enforcement enquiries we receive it is necessary for them to be prioritised and the available resources allocated appropriately and proportionately. Below is the Council’s classes of prioritisation. 
What to Expect
On receipt of a legitimate planning enforcement enquiry, it is standard procedure for Officers to:
1 Register the enquiry
2 Acknowledge the enquiry
3 Undertake a site history search
4 Visit the site
5 Assess if unauthorised development has been carried out or a planning
condition has been breached
6 Consult with relevant consultees
7 Make recommendations on whether it is expedient and in the public interest to
take enforcement action 
Enquiries that do not fall within the planning remit will not be investigated further and in such instances the enquirer will be advised. Where there is a suspected breach of planning control it may be necessary to utilise the notices described below to aid the enquiry process.
1
Priority 1
Breaches of planning conditions for major and local developments Demolition or alterations to Listed Buildings Unauthorised felling/inadequate protection measures of trees - either in a Conservation Area, covered by a TPO or protected by planning condition
2
Priority 2
Any development that obstructs visibility or is a danger to pedestrian and highway safety
Change of use of land and buildings
Demolition or alterations to buildings in a Conservation Area
3
Priority 3
Display of Advertisements Untidy land
Householder (extensions, outbuildings
boundary fences etc)
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6 
Service Standards
Service Standard - Acknowledging enquiries
Service Standard - Replying to enquiries/keeping you informed 
Service Standard - Timescales for resolving enquires
Section 2 - How to request an investigation into a
possible breach of planning control
Members of the public have a vital role in reporting breaches of planning control. Any concerns should be raised with us at the earliest opportunity. You can make enquiries by telephone on 0300 1234561.
There is a Planning Enforcement enquiry form on the Council website which can be completed. This allows us to have a clear record of the enquiry and to keep you informed about any action we take. Full contact details are provided at the end of the Charter. 
We need the following information when a suspected breach is reported: The address of the property concerned; The name of the owner of the property, or of the person responsible for the suspected breach; (if known) Details of the suspected breach of planning control, with times and dates if relevant; Your name, telephone number and address and email address;
Information on how the breach impacts on you. 
Email to: planning.enforcement@moray.gov.uk
By telephone to: 03001234561
The support of complaints is important in determining then outcome of an enforcement investigation. We will treat your complaint as confidential during our enquiries. However, should the matter end in formal enforcement action your details may be required to be forwarded to the DPEA where an appeal is made against an enforcement notice. Should the matter end in court proceedings then you may be required as a witness. Before Court action is sought we will seek your permission to divulge your details to Court. 
Planning Enforcement enquiry form
Or alternatively in writing to:
Service Manager Planning and Building Standards
Growth, Planning and Climate, Moray Council Office, High Street, Elgin, Moray IV30 1BX
If you make an enforcement enquiry, you will be updated as regularly as resources allow. This will be done in writing, preferably by email.
We will acknowledge an initial telephone, written or email enquiry within five working days of receipt and will include a reference number and contact details for the investigating officer.
75% of all new enquiries will be assessed within a period of 10 weeks up to the point of taking formal enforcement action or no further action. 
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2026 - 2028 Planning Enforcement Charter 7   
Section 3 - Monitoring of Planning Conditions
Monitoring of planning conditions will be carried out as resources allow, however, our number one priority for enforcement is numbers of conditions on major planning applications. It is not, practical or proportionate for the Council to monitor all permissions/consents. It is the responsibility of the developer to inform us of when they intend to implement their planning permission. This is done through the submission and registration of a Notification of Initiation of Development (NID). The Condition Compliance Officer will then check to ensure that any requirements contained within the pre development conditions have been fulfilled before work begins. Initiating development without submitting a NID is a breach of planning control and the planning authority may consider enforcement action. On completion of development the developer is required to submit a Notification of Completion of Development (NCD) as soon as practicable. 
A collaborative approach to ensuring planning conditions are complied with is required to ensure our resources are used efficiently. A single point of contact will be given to all major developers to make contact regarding the monitoring of planning conditions and this will be added as a specific informative on all consents relating to major developments. Regular review meetings will be arranged with major developers to ensure that development is implemented timeously and in accordance with the agreed phasing/triggers imposed on planning conditions. 
Notification of Initiation and Completion of Development (NID/NOCD)
and display of notices while development is carried out
These are not enforcement powers. They are intended to improve planning enforcement by requiring landowners, householders and developers to confirm when development is due to commence or been completed, and in the case of on-site notices to raise community awareness of developments in the local area. The Moray Council will then be made aware of active development in their areas, enabling then to prioritise resources with a view to monitoring development. 
A Notice of Initiation of Development (NID) must be submitted to the Moray Council
for any development which has been granted permission and state when development will start. It must be submitted after planning permission has been granted and before development has commenced. Starting development without submitting an NID is a breach of planning control and the Moray Council may consider enforcement action. 
The Notice of Completion of Development (NOCD) requires a developer to submit a further notice as soon as practicable after development has been completed. 
Depending on the nature and scale of a development, the developer may also be required to display on-site notices while development is taking place. These notices contain basic information about the site and the development. They also provide contact details where members of the public may find out more information or report alleged breaches of planning control. It is a breach of planning control to fail to display such a notice when it is required to do so.
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8 
Section 4 - High Hedges
The High Hedges Act 2013 aims to provide a solution to the problem of high hedges, where neighbours have been unable to resolve the issue amicably. The Act gives home owners and occupiers a right to apply to the relevant Council for a High Hedge Notice but neighbours must attempt to resolve the dispute themselves first with recourse to the Council being a last resort. 
The Scottish Government has also issued guidance to all Local Authorities to assist with implementation of the Bill and legislation. 
Local Guidance (PDF) has also been prepared to help explain the process and give you guidance on all reasonable steps that must be taken prior to making a formal application under the Act. 
Section 5 - Control of Advertisements
The display of advertisements is covered by the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984. Many advertisements are displayed with what is called ‘deemed consent’ which means they do not require advertisement consent if they meet the criteria and conditions set out in the regulations. One of these conditions is that the landowner has given permission for the advertisement to be displayed on their land. It should be noted however, that where an advertisement with ‚‘deemed consent‚‘ is considered to be affecting amenity or public safety then in these circumstances the Moray Council can serve a Discontinuance Notice to have the offending advert removed. 
Displaying an advertisement in contravention of the regulations is an offence and, if convicted in court, an offender can be fined. The court can impose further fines for each day the breach of the regulations continues. The Moray Council has the power to serve an advertisement enforcement notice. This specifies a time period (normally 28 days) for compliance with the notice. However, this period can be reduced to seven days if the Council believes there is an urgent need for the advertisement to be removed or altered in the interests of public safety, or if the advertisement can be removed without any other work being required. 
An advertisement enforcement notice can also require that a particular piece of land should not be used to display advertisements. This remains in force even if the original advertisement is removed. Any subsequent advertising on this site would amount to a breach of the notice. 
The Moray Council also has powers to remove or destroy placards and posters that do not have planning permission or deemed consent. If the person who put up the poster can be identified, they have to be given at least two days’ notice that the Council intends to take the poster down. If they cannot be readily identified, then the advert can be removed immediately.
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2026 - 2028 Planning Enforcement Charter 9   
Council officials can enter unoccupied land, if necessary, to remove an advertisement. However they have no powers to remove advertisements displayed within a building to which there is no public access. 
Planning enforcement also covers the display of advertisements such as billboards and advertisement hoardings, although slightly different procedures apply. These are set out in a separate section at the end of this Charter. The actual text and images on an advertisement are not covered by planning control.
Any enquiries about the content of an advertisement should be made to the: 
Advertising Standards Authority, Castle House, 37-45 Paul Street,  London EC2A
4LS Tel: 020 7492 2222, e-mail: enquiries@asa.org.uk
Advertisement Discontinuance Notice
Where an advert enjoys deemed consent under the relevant advertisement regulations, but the Council require its removal for amenity or safety reasons, a discontinuance notice may be served. This can be appealed to the Directorate for Planning and Environmental Appeals (DPEA).
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10 
Section 6 - How to make a suggestion or complain about
the lack of Planning Enforcement
The Council tries hard to meet people’s expectations and we hope that you will be satisfied with the planning enforcement service. We are committed to improving our service and dealing promptly with any failures or shortcomings. However, if you have any concerns or difficulties, we want to hear from
you. Planning Enforcement enquiry form 
We will respond to you within 5 working days of receiving a formal complaint about our Planning Enforcement Service where possible. If we feel that we need more time to investigate the matters raised you will receive an acknowledgement within five working days and a full response within 28
working days in accordance with the Council’s Complaints Procedure. A copy of this can be viewed on the Council’s website. 
Lastly, if you are dissatisfied with the Council’s Complaints process, you have the right to take your
complaint to the Scottish Public Services Ombudsman, at: www.spso.org.uk/
SPSO, Bridgeside House, 99 MacDonald Road,  Edinburgh EH3 0BR
Telephone: 0800 377 7330, or e-mail: ask@spso.org.uk
Generally, you must contact the Ombudsman within 12 months of the date of the complaint. Attached to this charter for your information is Appendix 1 which explains the powers available to deal with breaches of planning control.
Section 7 - Powers available to deal with breaches of
planning control
Enforcement powers
The enforcement powers available to a planning authority are set out in Part VI of the Town and Country Planning (Scotland) Act 1997, Chapter IV of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 and Part IV of the Planning etc. (Scotland) Act 2006. The Planning Acts are available from: 
The Stationary Office, 71 Lothian Road, Edinburgh EH3 9AZ
Or can be viewed at:  www.legislation.hmso.gov.uk
Government policy on enforcement is set out in Planning Circular 10/2009: Planning
Enforcement.
Planning legislation is complex and therefore if you are served with a statutory notice from the Moray Council planning authority, we advise you seek legal or independent professional planning advice. 
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2026 - 2028 Planning Enforcement Charter 11 
Types of Notices
Enforcement Notice (Section 123 & 127 - 129)
This generally deals with unauthorised development, but can also apply to breach of planning conditions. This must be served on the current owner, occupier and anyone else with an interest in the property or land in question. There are similar notices and powers to deal with Listed Buildings (see below), and advertisements. An Enforcement Notice will specify a time period for the notice coming into effect (a minimum of 28 days), the steps that must be taken to remedy the breach and the time for this to be completed. There is a right of appeal to the Directorate of Planning and Environmental Appeals (DPEA) up to the date the notice takes effect at which time the notice is suspended until a decision is reached. Failure to comply with an Enforcement Notice within time is an offence, and may lead to a fine of up to £50,000 in the Sheriff Court or the Moray Council considering direct action to remedy the breach.
Breach of Condition Notice (Section 145)
This enforces the conditions applied to any planning permission if they have not been complied with and is effective from the date it is served. It may be used as an alternative to Enforcement Notice (see above), and is served on anyone carrying out development and/or any person having control of the land. Anyone contravening a Breach of Condition Notice can be fined up to £5,000 in the Sheriff Court. There is no right of appeal to this notice.
Listed Building Enforcement Notice
This must be served on the current owner, occupier and anyone else with an interest in the property. The procedures are similar to those outlined above. The notice must specify the steps to be taken to remedy the breach and a final date for compliance. Failure to meet the terms of the notice by the date specified is an offence. There is the right of appeal to (DPEA) against the notice. Breaches of listed building control are a serious matter. It is a criminal offence to undertake unauthorised works to demolish, significantly alter, or extend a listed building. In certain circumstances, this can lead either to an unlimited fine or imprisonment.
Stop Notice (Section 140)
This is used in urgent or serious cases where unauthorised activity must be stopped, usually on grounds of public safety. When a Stop Notice is served, the planning authority must also issue an Enforcement Notice. There is no right of appeal against a Stop Notice and failure to comply is an offence. An appeal can be made against the accompanying Enforcement Notice. If a Stop Notice is served without due cause, or an appeal against the Enforcement Notice is successful, the Moray Council may face claims for compensation. Therefore, the use of Stop Notices needs to be carefully assessed by the Council. It should be noted that a Stop Notice cannot prohibit the use of a building as a dwelling house.
Temporary Stop Notice (TSN)
This requires the immediate halt of an activity which breaches planning control. The provisions make an exception in that a TSN cannot prohibit the use of a building or caravan as a dwelling house. TSNs are enforceable for 28 days, after which time, they expire. They may, however, be followed by further enforcement action such as an Enforcement Notice and associated Stop Notice. There is no provision to appeal against a TSN.
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12 
Fixed Penalty Notice (FPN)
This provides the Moray Council with an alternative process, in addition to the option to seek prosecution, to address situations where a person has failed to comply with an Enforcement Notice (EN) or a Breach of Condition Notice (BCN). By paying the penalty imposed by the FPN, the person will discharge any liability for prosecution for the offence. They will not, however, discharge the obligation to comply with the terms of the EN or BCN, and the Moray Council will retain the power to take direct action to remedy the breach and recover the costs of such from that person. The Moray Council is not required to offer the option of a fixed penalty. Any decision to do so would be dependent on considerations such as the scale of the breach and its impact on local amenity. The fixed penalty amounts to £2,000 for each step not complied with in an Enforcement Notice and £300 for each step not complied with in a breach of condition notice.
Notice requiring application for planning permission (Section 33A)
Where the Moray Council considers that a development which does not have planning permission may be acceptable, i.e. the Council considers that it might be granted planning permission, the Council may issue a S33A Notice requiring the landowner or developer to submit a retrospective planning application. This application will be considered on its planning merits and handled in the same way as any other planning application. Issuing a S33A Notice does not guarantee that permission will be granted; the Moray Council may, on consideration of the application, decide instead to refuse planning permission, or grant permission subject to conditions or amendments to make the development acceptable. There is no right of appeal to this notice. 
Notice requiring information as to interests in land (Section 272 Notice) This provides limited powers for planning authorities to obtain information on interests in land and use of land. Failure to provide the information required is an offence.
Planning Contravention Notice (PCN) Section 125
This is used to obtain information about activities on land where a breach of planning control is suspected. It is served on the owner or occupier, on a person with any other interest in the land or who is carrying out operations on the land. They are required to provide information about operations being carried out on the land and any conditions or limitations applied to any planning permission already granted. Failure to comply with the notice within 21 days of it being served is an offence and can lead to a fine in court.
Amenity Notice (Section 179)
This allows planning authorities to serve a notice on the owner, lessee or occupier of land which is adversely affecting the amenity of the area. This is also known as an Amenity Notice and sets out the action that needs to be taken to resolve the problem within a specified period.
Interdict and Interim Interdict
Planning authorities can apply to the courts to grant an interdict to stop or prevent a breach of planning control. Court proceedings can be expensive and the Moray Council would normally only seek interdicts in serious cases or where Enforcement Notices or Amenity Notices have previously been ignored. 
However, the Council can seek an interdict in relation to any breach without having to use other powers first. Breaching an interdict is treated as a contempt of court and carries heavy penalties.
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2026 - 2028 Planning Enforcement Charter 13  
Direct Action (Section 135)
Failure to comply with the terms of an Enforcement Notice or Amenity Notice within the time specified can result in the Moray Council carrying out the specified work. The Moray Council can recover any costs it incurs from the landowner. 
All planning authorities are required to keep an Enforcement Register of all notices issued by that planning authority. The Moray Council Enforcement Register can be accessed online through the Planning Portal on the Moray Council website. 
Please Note
This Charter does not comprise of an authoritative interpretation of the
Planning Acts. Planning legislation is complex and if you receive any notice
from Moray Council, you are advised to seek legal or independent
professional planning advice.
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Designed and Produced by Moray Council 2026
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Report
to:
Planning and Regulatory
Services Committee
Meeting
Date:
5 March 2026 
Report
by:
Executive Director Economy, Enterprise and Operations 
Author: Rebecca Morrison Contact
Email:
Rebecca.morrison@moray.gov.uk 
Subject: Developer Obligations Planning Guidance and Update on Developer
Obligations 
1.  PURPOSE 
☒ For Decision      ☐  For Information 
1.1  The purpose of this report is to update the pre-existing Developer Obligations 
Supplementary Guidance with an updated Developer Obligations Planning Guidance
document as set out in Appendix 2 and provide an update on developer obligations. 
1.2 This report is submitted to Committee in terms of Section III (E) (2) of the Council’s
Scheme of Administration relating to the review and preparation of strategic and local
plans. 
2.  SUMMARY 
2.1  The updated Developer Obligations Planning Guidance went out for a six-week
consultation in August 2024, during which seven responses were received raising issues
relating to exemptions, governance, viability, education, transportation, healthcare, and
city and town centres, with detailed responses provided in Appendix 1. This report asks
the Committee to approve those responses and the final Guidance, and to agree that it
becomes a material consideration in determining planning applications. It also asks the
Committee to note the findings of an independent review by Aberdeenshire Council into
Moray Council’s school roll forecasting methodology, school capacities, and developer
obligation assumptions, which have been incorporated into the updated Guidance. In
addition, the Committee is asked to note the update on developer obligations received
and spent during 2024/25, with the Strategic Planning and Development (SP and D) Team
continuing to work closely with other Council services and NHS Grampian (NHSG) to
monitor spending. 
3.  RECOMMENDATIONS 
Item 9.
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3.1  It is recommended that Committee: 
i) notes the representations received to the updated Developer Obligations
Planning Guidance consultation;
ii) agrees the responses provided to the representations, as set out in Appendix
1;
iii) agrees the updated Planning Guidance as set out in Appendix 2 is a material
consideration in the determination of planning applications when approved; 
iv) notes the findings of the independent review of Moray’s School Roll Forecast
Methodology, School Capacities and Developer Obligation Assumptions, as
set out in Appendix 3; and
v) notes the update on developer obligations received and secured set out in
Appendix 4. 
Rebecca Morrison
Senior Infrastructure Growth/Obligations Officer 
4.  BACKGROUND AND CONTEXT  
4.1  The National Planning Framework 4 (NPF4) came into operation on 13 February 2023. 
Policy 18 Infrastructure First sets out that infrastructure is integral to development
planning and that Local Development Plans (LDPs) are to indicate the type, level (or
method of calculation) and location of financial or in-kind contributions.  This reflects the
Moray Local Development Plan 2020 (LDP2020) Policy PP3 and Developer Obligations
Planning Guidance (PG).   
4.2  Section 9 of the Planning (Scotland) Act 2019 repeals section 22 of the Town and Country
Planning (Scotland) Act 1997, removing the ability to prepare supplementary guidance in
connection with an LDP. Transitional arrangements allowed supplementary guidance to
continue to be prepared and adopted in association with LDPs until 31 March 2025. This
deadline has now passed, and guidance associated with the LDP2020 will be adopted as
Planning Guidance (PG) rather than Supplementary Guidance (SG). 
4.3  Moray Council’s current Supplementary Guidance on Developer Obligations was approved
by the Moray Council Emergency Cabinet on 14 May 2020 (para 6 of the Minute refers) and
then by the Scottish Government, coming into effect on 30 September 2020.  The LDP2020
sets out the location and type of infrastructure that is likely to be sought to facilitate
development with SG setting out the detail on methodologies and rates for calculating
developer obligations. The current update to the SG and transition to PG will address
updates to infrastructure requirements that change throughout the life of the LDP2020. 
4.4  The LDP 2020 Policy PP3 Infrastructure and Services sets out a commitment to prepare
Supplementary Guidance on Developer Obligations.  Developer Obligations must meet all
of the five tests set out in the Scottish Government Circular 4/2025: 
• Necessary to make the proposed development acceptable in planning terms;
• Serve a planning purpose;
• Relate to the proposed development; 
• Fairly and reasonably relate in scale and kind to the proposed development; and,
• Be reasonable in all other respects. 
Review Of Developer Obligations Supplementary Guidance
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4.5  At its meeting on 13 August 2024 this Committee agreed the draft Supplementary Guidance
for public consultation (para 14 of the Minute refers). A 6-week consultation period on the
draft Developer Obligations Supplementary Guidance commenced on 29 August and ended
on 11 October 2024.  The public consultation was advertised in local newspapers, on the
Council’s website and via social media.  Letters/emails were issued to all Community
Councils, Associations and Groups, Charities and Trusts, Developers and Agents, Housing
Associations and Key Agencies. 
4.6  At its meeting on 15 August 2023 this Committee approved the appointment of external
consultants to carry out a third-party review of the education methodology (para 14 of the
Minute refers). It was felt that this review was needed prior to the adoption of the Guidance.
Two separate Quick Quote Procurement exercises were carried out, and no external
consultants quoted on the proposed works. Aberdeenshire Council indicated they could
undertake the review.  This led to a delay in finalising the Developer Obligations Planning
Guidance.   
4.7  Seven representations were received from NHS Grampian (NHSG), Scottish Forestry,
Homes for Scotland (HfS), Moray Estates, Highlands and Islands Enterprise (HIE), the
Scottish Government, and Moray Chamber of Commerce.  A summary of these and the
proposed Council response is provided in APPENDIX 1. 
4.8  An independent review of the updated methodology for calculating education obligations
has been undertaken by Aberdeenshire Council and is provided in APPENDIX 3. This review
recommended that Moray Council proceed with the adoption of a higher threshold of 90%
for education obligations  and concluded that the proposed new education methodology
offered more nuance than the approach previously used. The previous approach to
education obligations sought obligations where a primary school reached 80% planning
capacity, or a secondary school reached 90% capacity. The new education methodology
calculates obligations based on the average number of pupils that the school(s) are over
capacity over the 5-year period following submission of a planning application. The average
number of pupils over 90% capacity will be expressed as a percentage of the number of
houses proposed by the development against the total number of houses built within the
school catchment during the 5-year period. This new approach only seeks obligations for
the pupils the development is responsible for, so is more proportionate and nuanced than
the previous methodology. 
Revisions To Planning Guidance
4.9  The main issues raised by the representations are summarised below along with proposed
changes to the Guidance and other amendments identified in APPENDIX 1. 
Exemptions
4.10  The respondents suggested amended wording to make the exemptions clearer such as
when discussing exemptions, remove the phrases ‘amenable’ and ‘discretion of the
Council’ as this is not useful for developers. This has been amended in the final Guidance. 
4.11  Consultation responses objected to developer obligations being sought for affordable
housing units and suggested that if these are not made exempt then a lower per unit
obligation compared to open market housing be implemented.  Development of affordable
housing impacts on the infrastructure and facility requirements in the same way that open
market housing does. Further work will be undertaken to explore how to incentivise and
accelerate the delivery of affordable housing while ensuring infrastructure is fully financed. 
An exemption for affordable housing units in not being pursued in the PG.
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4.12  Brownfield development was initially included as a possible developer obligations
exemption to support the aspirations of NPF4 and reflect informal discussions with Elected
Members who expressed support for encouraging the redevelopment of previously used
land and buildings. NHSG requested removal of town centre exemption for developments
that create housing as all residential accommodation impacts on primary care services and
requested that brownfield exemptions be updated to be for commercial development only.
Town Centre exemptions for residential developments are included within the current
Supplementary Guidance and their removal would unfairly impact on developments
currently planned.  The proposed brownfield exemption has been updated to specify that
the exemption only relates to brownfield development within Town Centres. This reflects the
town centre exemption within the current Supplementary Guidance which has operated
successfully. The scope of the exemption has been narrowed to encourage the reuse of
vacant land within Town Centres while minimising the impact on infrastructure delivery on
the public sector. The revised exemption is necessary to incentivise town centre
regeneration projects and reflect the significant additional costs involved in brownfield
development. This update has been made as a result of the consultation responses
received, as well as internal discussions relating to budgetary pressures.  It is important
that a balance is struck between encouraging brownfield development and ensuring that
the burden for funding infrastructure does not fall on the council. This is the reason for
proposing the exemption for brownfield development is restricted to town centre
development only. 
4.13  Respondents recommended that the guidance should emphasise that proposals will be
assessed against policies in NPF4 and those in the LDP. These suggestions have been
implemented. 
Education
4.14  The land values and land size requirements for new schools were questioned by
respondents. The land value costs for new build schools are identified on a case-by-case
basis based on recent completed and proposed projects. Respondents questioned the
evidence base for the Pupil Product Ratio (PPR). The PPR has been tested on a range of
recently built and existing development across Moray. 
4.15  It was suggested by respondents to adopt a sequential testing procedure to establish the
most effective way to mitigate impact on schools. The responsibility to identify appropriate
mitigations for the school estate lies with the Council’s Education Service and the Planning
Guidance is not an appropriate place for this. 
Healthcare 
4.16  Respondents noted a lack of evidence for healthcare obligations, namely no healthcare
appraisal and no existing capacity for General Practitioner (GP) practices. The need for
obligations towards healthcare is evidenced through guidance on floorspace requirements
per GP, and number of patients per GP which allows the calculation for the floorspace
requirements from development to be made. The existing capacity and number of patients
registered to each GP practice are not in the public domain. 
4.17  Concerns were raised by respondents over the evidence base for dental and pharmacy
obligations. These had been removed from the draft guidance that was subject to public
consultation as NHS Grampian are currently unable to provide an up-to-date evidence base
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for these mitigations. Respondents raised concerns over GP shortages and the issues
caused by these. Developer obligations are not sought for staffing resources, and it would
not be appropriate to discuss these issues within the Guidance. 
Transportation
4.18  A lack of detail was noted by respondents on what would trigger a transport
assessment/statement for commercial developments. Transport Assessment guidance
from the Scottish Government is used to determine when a Transport Assessment is
required. The Planning Guidance is not an appropriate place to set out these requirements.
Respondents requested that developers impacted by the provision of new active travel
infrastructure in Buckie should be consulted specifically. The Planning Guidance
consultation serves as the relevant consultation process for this obligation. 
City And Town Centres
4.19  Respondents noted that LDP2020 does not contain a sufficient hook to include obligations
related to city and town obligations in the draft SG. Town Centre obligations have been
removed from the final Guidance as alternative funding opportunities for town centre
regeneration are being considered through work being undertaken on maximising the socio-
economic impacts arising from renewable energy developments associated with NPF4
policy 11. 
Governance
4.20  It was claimed by respondents that 15 years is too long to spend obligations. This timeframe
has not increased from the previous SG and Moray has a slower build-out rate, therefore the
15-year timescale is deemed to be reasonable to allow adequate time for the Council and
NHS Grampian to be able to spend funds. 
4.21  In the event that the Guidance is approved it will be a material consideration in the
determination of planning applications (including applications to modify/discharge s75
agreements in terms of s75A of the 1997 Act).  When considering any planning application
going forward, it will be important to consider the impact on delivery of the required
infrastructure for the particular development, on a case-by-case basis.   
Viability
4.22  Respondents claim the guidance fails to consider land already acquired under the current
guidance. If sites are unviable, then developers will be required to go through the Council’s
viability process, which has not changed. Supplementary Guidance for Developer
Obligations has been in place in Moray Council since October 2016. 
5.  PROPOSALS 
5.1  If the proposed changes arising from the responses in APPENDIX 1 are agreed, the PG will
be adopted by the Council on the same day and will be a material consideration in the
determination of planning applications. 
6. UPDATE 
Developer Obligations received and secured
6.1 Developer Obligations are secured prior to planning permission being granted either
through an upfront payment or in a series of staged payments through Section 75 legal
agreements which set out trigger points for payments. 
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6.2 During the 2024/2025 financial year, developer obligations totalling £185,568.04 were
received from upfront payments from 24 approved planning applications. A breakdown of
the figures by obligation type for both financial years is given at Table 1 at APPENDIX 4. 
6.3 During the 2024/2025 financial year, £557,702.09 was received from previously approved
Section 75 legal agreements. A breakdown of the figures by obligation type is given at Table
2 at APPENDIX 4. The figures also include indexation and late payment fees where
applicable 
6.4 During the 2024/2025 financial year, a total of £74,263.00 was secured via Section 75 legal
agreements. A breakdown of the figures by obligation type is given at Table 3 at APPENDIX
4. These secured amounts will be received by the Council in the coming years as the
triggers are reached. Phased payments are index-linked to ensure obligations reflect
inflation. 
Affordable Housing
6.5 Commuted sums towards affordable housing for developments of 1-3 units are required to
meet housing needs in the local housing market area as set out in NPF4 policy 16(e) and in
policy DP2 of the LDP 2020.  These contributions are not developer obligations, but the
Strategic Planning and Development (SP&D) Team collects, holds and monitors the
expenditure of these as well as developer obligations.  A breakdown of the figures received
and secured toward Affordable Housing is set out in Tables 1, 2 and 3 at APPENDIX 4.   
Developer Obligations Spend
6.6 The SP&D Team works closely with other Council Services and NHS Grampian (NHSG) to
monitor the spending of developer obligations are on relevant projects within the agreed
timescales. NHSG currently face significant challenges in securing funding for capital
projects, which has limited the spend of developer obligations funding. Developer
obligations gathered from historic obligation types such as Sports and Recreation and
Community Facilities and spent on projects in 2024/2025 are set out in Table 4 at
APPENDIX 4.   
7. SUMMARY OF IMPLICATIONS 
SUBJECT YES NO
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
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Climate Change and Biodiversity Impact           X 
7.1 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   
7.2 Policy and Legal 
The Guidance will be a material consideration in the determination of planning applications
when adopted.  
7.3 Financial 
The Council may need to provide for any adverse impact on existing infrastructure and
facilities resulting from new development should developer obligations not be sought or the
level sought does not cover the costs following viability appraisals. 
Mechanisms such as forward funding of infrastructure projects carry an inherent risk
associated with the pace and scale of future development and the timescales over which
obligations will be achieved. 
7.4 Risk 
Co-ordination of infrastructure and cross service working are required in order to plan
for the infrastructure that supports growth in line with the LDP2020 and NPF4 to ensure
that Developer Obligations are sought towards the necessary infrastructure items and
these projects are deliverable to support the residents of Moray. 
If development is not planned for appropriately and supported by the necessary
evidence provided by the relevant services, key agencies and community planning
partners, then the Council cannot seek Developer Obligations to mitigate the impact of
the development or apply the appropriate rate alongside use of good scenario
modelling and information sensitivity analysis.  If infrastructure is not well-planned and
co-ordinated, the Council risks of not meeting the deadline for spending Developer
Obligations and having to refund Developer Obligations to the developer with accrued
interest.  Therefore, the Council runs the risk of having to provide the infrastructure
necessary to facilitate development at their own cost and a risk of appeal by
developers.  There is also a reputational risk to the Council should an appeal be
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granted in the developer’s favour. 
If adequate resources and staffing are not provided, the Council runs the risk of
collecting developer obligations but not having sufficient staffing capacity to deliver
projects which would result in a refund of collected funds. 
The Council should aim to provide certainty to developers over the level of developer
obligations required.  Excessive demands for obligations could constrain development
in Moray and failure to achieve sufficient obligations for infrastructure requirements
resulting from a development will place an additional strain on public services.  Under
the current financial pressures, it is not financially sustainable for the Council to bridge
the funding gap if no developer obligations are secured and as an option developers
could submit viability assessments if they consider the level of developer obligations
render their development unviable. 
The inclusion of Brownfield housing units as exemptions for Developer Obligations
means that the developer obligations secured will be reduced and the Council will be
responsible for a greater portion of the development costs of infrastructure. 
Applications which have been minded to grant but have not yet been determined will
be reassessed on the updated Guidance upon approval by this committee. For
planning applications which have been determined and have a S75, it will be open to
the Developer to make a s75A application to modify/discharge the s75 agreement,
which will be considered on a case by case basis.   
Complaints and objections to the level of developer obligations could cause delays to
the development management process and could affect the performance standards
for both Development Management and Strategic Planning and Development.    
7.5 Staffing 
Work on Developer Obligations is carried out within the Strategic Planning and
Development Team, supported by officers in Education, Transportation, Housing,
Legal, Finance, Estates, Open Space, Scottish Water and NHS Grampian. Challenges
from developers result in significant staff time within the Strategic Planning and
Development Team and other Council Services such as Legal, Transportation and
Education to enable the Council to defend their position. 
Adequate staffing int Legal Services is required to draft s75 legal agreements and
modifications to avoid unnecessary delays in the process.  Legal Services are currently
under-staffed and have significant pressures from competing priorities.    
7.6 Best Value and Transformation 
There are no Best Value and Transformation implications to be considered.  
7.7 Property 
The level of developer obligations must be taken into account when purchasing and
selling land. Higher developer obligations should result in a reduction of land value.  
7.8 Information Communications/Technology/Digital 
There are no Information Communications/Technology/Digital implications to be
considered.  
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7.9 Equalities, Social Inclusion and Economic Impact 
There is no requirement for an Integrated Impact Assessment (IIA) to be carried out.  
7.10 Climate Change and Biodiversity Impacts 
Future developments for infrastructure will take into account any impacts on climate
change and biodiversity and be designed accordingly. 
8. CONSULTATION  
8.1 This report has been prepared in consultation with Executive Director Economy, Enterprise
and Operations, Head of Growth, Planning and Climate, Chief Financial Officer, Service
Manager Legal Services, Service Manager Transportation, Senior Engineer (Transportation),
Service Manager Housing Strategy, Service Manager Environmental Services, Service
Manager Leisure and Culture, Head of Education, L Rowan, Committee Services Officer,
and the Principal Climate Change Officer have been consulted and comments incorporated
into this report.   
9. BACKGROUND PAPERS  
9.1 None.
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APPENDIX 1
Topic
Contributor
Summary
Response
General
General
NHS Grampian
Welcomes the opportunity to submit
representations on Moray’s draft Developer
Obligations Supplementary Guidance 2024.
NHS Grampian will continue to work closely with
the Council to identify new
facilities, those
currently under pressure and the scale of
contribution required.
Noted.
Support noted and welcomed.
Scottish Forestry
No Comment.
Noted.
Homes for
Scotland (HFS)
Welcomes the opportunity to comment.
Noted.
Exemptions
Moray Estates/
Highland and
Island Enterprise 
When discussing exemptions, remove the
phrases ‘amenable’ and ‘discretion of the
Council’ as this is not useful for developers.
Noted and amended.
Moray Estates/
Highland and
Islands
Enterprise 
Support exemptions for ‘redevelopment of
brownfield sites’ and ‘commercial development
where the floor space is less than 1,000m2 or
the site area is less than 1 hectare.
Support noted.
Moray Estates/
Highland and
Islands
Enterprise
Change wording for commercial development
exemption to “Developer obligations will be
sought for commercial development where the
floorspace is 1,000m2 or greater and where the
Noted and amended.
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site area is 1 hectare or more.” 
Moray Estates/
Highland and
Island Enterprise 
Development of affordable housing should be
exempt from
Developer Obligations. If not
exempt at least a lower per unit contribution
compared to open market housing otherwise
delivery of Affordable Housing is threatened.   
Development of affordable housing
impacts on the infrastructure and facility
requirements in the same way that open
market housing does. Further work will be
undertaken to explore how
to incentivise
and accelerate the delivery of affordable
housing while ensuring infrastructure is
fully financed.   
NHS Grampian
Under Exemptions and Student accommodation
it should be clearly stated that contributions will
be required for healthcare.    
Request inclusion of healthcare contributions
for sheltered housing and extra care
developments as these require GP and other
NHS facilities. Nursing homes are seen as
preventing admission to hospital, so primary
care teams are responsible for increased care
needs. Need more information on the level of
care provided by care home staff. 
Request removal of town centre exemption for
developments that create housing as all
residential accommodation impacts on primary
The exemption for student
accommodation clearly states that this
exemption is for education only. Student
accommodation is required to contribute
towards healthcare, transportation and
sports and recreation. 
Further research would be required to
identify appropriate contribution levels for
sheltered and extra care developments,
given the level of care provided by care
home staff. The Council looks forward to
working with NHS Grampian further on this
matter.  
Town Centre exemptions for residential
developments are included within the
current Supplementary Guidance and their
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care services.   
Request that the brownfield development
exemption is updated to be for commercial
development only as all residential development
will impact on primary care services. 
removal would unfairly impact on
developments which have no developer
obligations factored into their costings. 
The Brownfield exemption has been
updated to specify that the exemption only
relates to development within Town
Centres. This will ensure that development
within Town Centres is supported while
minimising the impact on infrastructure
delivery. 
Scope of
contributions
Homes for
Scotland
A national Housing Emergency has been
declared. The implementation of overly
restrictive developer obligations cannot be used
to delay or prevent homes being delivered. 
Agreed. Consider the level of developer
obligations set out in the Planning
Guidance to be reasonable and
proportionate.
Evidence base
Links with NPF4
Scottish
Government 
The Supplementary Guidance should emphasise
that proposals will be assessed against policies
in NPF4 and those in the LDP: 
-
Page 24 ‘Open Space and Sports,
Community & Recreational Facilities’ 
add
‘The National Planning Framework’ after ‘the
LDP’ in the first sentence.
-
Page 25 ‘Play Opportunities and Destination
Parks’ 
add ‘The National Planning
Framework’ after ‘the adopted LDP’ in the
first sentence.
Noted and amended.
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Moray Estates/
Highland and
Islands
Enterprise 
Page 4 of the draft states that the Council will
take decisions based on the adopted LDP, the
proposed developments, and should also take
into account NPF4 (especially Policy 18). 
Page 24 should refer to NPF4 Policy 21. 
Noted and amended.    
Noted and amended.
Green Networks
and Access
Improvements 
Homes for
Scotland 
Several examples that obligations will be sought
do not have a sufficient hook in the LDP, for
example cycle parking facilities and repair
stations.            
New
development
can,
and
should,
only
contribute
to
what
is
fairly
and
reasonably
related to the development which is proposed as
established
in
Circular 3/2012
and
the
Elsick
Supreme Court judgement ([2017] UKSC 66). 
Requirements change throughout the
course of the adopted LDP, and it is not
reasonable to expect the Council to
identify all contributions that may be
required in the LDP. 
The LDP2020 Policy PP3 states that
developer obligations will be sought
towards transport, and Green Networks
and Access Improvements. Cycle parking
facilities and repair stations fall within
these. Given that NPF4 is encouraging
active travel, healthier lifestyles, etc. it is
not unreasonable to ask for these to
facilitate this. 
Agreed. All contributions sought relate to
the proposed development and the
Council consider them
to meet the tests of
Circular 3/2012 
and the updated Circular
4/2025 and the Elsick Supreme Court
judgement ([2017] UKSC 66).
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In
the Elsick judgement, the reporter assessing
the
Aberdeen
City
and
Shire
Strategic
Development Plan stated that the fund “will only
be
used
to
gather
contributions
towards
infrastructure
improvements that are
related
to
the
developments
concerned
and
strictly
necessary
in
order
to
make
any
individual
development acceptable in the planning terms”.
This principle must apply to all the contributions
sought in the draft SG. 
Education
Serviced land 
Homes for
Scotland (HFS)
Not clear what the land values for sites of new
schools has been based on, information needs
published. 
No justification for 2.5 hectare land size for a
new
primary school. Land requirements set out
in The School Premisses Regulation 1967 advise
alternative land requirements to reflect varying
school rolls.    
There is an element of potential double counting
in the requirement for developer obligations for
education, regarding transfer of serviced land at
The land value costs for new
build schools
are identified on a case by cases basis, and
are informed by an independent valuation
by the District Valuer.  
This figure is based on a provision of a
modern school and associated facilities
such as playing fields and SUDS based on
recent completed and proposed projects.
The 1967 regulations are 58 years old and
education requirements have changed
significantly since these regulations were
published. 
Where a development is required to
transfer serviced land at nil cost to the
Council, the Council will pay for the part of
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nil cost. Collection of additional land value
payments from
other developers is not justified.
If proportionate payments were required to
equalise the financial burden of the developer
having to transfer, and service, the school site,
then they should be transferred to the developer
that transferred and serviced land for 100%
of
the school. This is not the case in practice. The
requirement for these additional funds, the
prescribed use and whether or not that
requirement meets the tests is not transparent. 
Propose that the Council purchase the serviced
land from
the developer and the subsequent
payment of contributions towards land and
building costs by all parties.
the land that is attributable to pupils
generated by other developments. This
contribution is front funded to the
developer by the Council. Other
developments generating pupils that are
zoned to the new
school will then be
required to provide a proportionate
contribution towards the land value
element. This recoups the element front
funded by the Council.
What is proposed here equates to the
same methodology that the Council
currently use but incur extra costs
associated with legal fees and officer time.
The Council does not have a budget for
this. This would also increase risk to the
Council, as a developer could hold the
Council to ransom
over the land costs if
they did not agree with the purchase price.
This would hold up the provision of
necessary infrastructure.  
Pupil Product
Ratios (PPRs)
Homes for
Scotland (HFS)
No empirical evidence referenced to support
pupil product ratios (PPRS). School population
has stayed static at around 12,000 since 2019
despite the construction of almost 2000 houses,
because of this it is suggested to devise a
The PPR has been tested on a range of
recently built and existing development
across Moray.
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methodology to measure new-build occupancy
and test the accuracy of the pupil product ratio
figures.
Housing Land
Audit
Homes for
Scotland (HFS)
Total number of outstanding homes assessed to
be built in school’s catchment area is not clear,
SG
refers to a ‘Housing Land Audit’ without
detailing the year the audit was undertaken.
The Housing Land Audit is published
annually, and the most recent published
HLA will be when the contribution is
calculated. Naming the current HLA would
mean that the Planning Guidance would
quickly become out of date.
Identifying
contributions
Homes for
Scotland (HFS)
Suggest adopting a sequential testing procedure
to establish the most effective way to mitigate
impact on schools:
1-
Catchment review, determine if a
neighbouring school/s could
accommodate new
pupils
2-
If step 1 is not feasible, examine existing
facilities to reconfigure/extend
3-
If steps 1 and 2 are both unfeasible,
identity location and scale of a new
school
4-
Assess whether to include replacement
of any existing school
The responsibility to identify appropriate
mitigations for the school estate lies with
the Council’s Education Service. The
Planning Guidance sets out the basis of
calculating contributions where a
mitigation has been identified. It is not the
place of the Planning Guidance to identify
how
capacity issues within schools should
be mitigated.
The proposed sequential testing procedure
is oversimplistic and at odds with the
infrastructure first approach, as there is no
forward planning. It also does not factor in
funding mechanisms and capital plan
budget or programming.
Nursery Facilities
Homes for
Scotland (HFS)
Council position that nursery costs will be
covered by future guidance is unlikely to meet
Further work will be undertaken on this
additional information at a later date and
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the tests within Circular 3/2012 and Policy 18 of
NPF4. 
incorporated into Developer Obligations
that will be subject to further public
consultation. It is important that we
include the link within this Planning
Guidance in order to deliver the aspirations
set out in NPF4. 
Healthcare
Healthcare
Provision
NHS Grampian
Welcomes inclusion of Health in SG
as facilities
are under pressure and will require either
internal alteration, expansion or provision of new
facilities. DOs are essential for to mitigate the
impact arising directly for new
residential
developments. 
Support noted.
Evidence 
Homes for
Scotland (HFS)
No Healthcare Appraisal is referred to such that
any evidence can be identified which would
identify any need for healthcare contributions. 
SG
is
notably
opaque
and
suggests
that
no
detailed
analysis
of
capacity
has
been
undertaken.
The
tests
set
out
in
Planning
Circular
3/2012
are
not
met.
It
cannot
be
objectively determined
that the
obligations
are
necessary, would relate to any specific proposed
development,
or
is
reasonable
in
all
other
respects.
Recently
upheld
planning
appeals
The need for contributions towards
healthcare is evidenced through guidance
on floorspace requirements per GP, and
number of patients per GP. This allows us
to calculate the floorspace requirements
required from
development. 
Planning Guidance is not the appropriate
place for detailed analysis of capacity at
specific healthcare centres.     
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(POA-110-2015 and POA-110-2017) demonstrate
the
need
to
ensure
compliance
with
the
tests,
which
are
also
now
contained
within
national
planning policy. 
The
draft SG
does
not appear to
provide
any
evidence
that an
impact assessment on
the
impact of patients from
new
housing has been
undertaken. 
The
draft SG
provides
no
information
on
the
existing
capacity
of General Practitioner
(GP)
practices within the Council area or the number
of patients
currently
registered
with
each
GP
practice. The SG
lacks assessment of the impact
of expected
patients generated
from
these new
homes
on
existing
healthcare
practices
within
their defined catchment areas. 
The existing capacity and number of
patients registered to each GP practice are
confidential information and not within the
public domain.   
GP Shortage 
The draft SG
does not give sufficient
consideration to the national shortage of GPs
and associated support staff. Making financial
contributions towards physical infrastructure is
not necessarily the required solution to mitigate
the impact of patients generated from
new
homes. Rather, there is a nationwide issue in the
closure of existing GP practices, reduction in GP
working hours and projected shortfall in
available GPs that need to be addressed. The
provision of financial contributions towards the
The shortage of GPs is a separate issue to
the physical capacity requirements within
GP practices. Developer obligations are
not sought for staffing resources and it
would not be appropriate to discuss these
issues within the Planning Guidance.     
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undefined physical infrastructure will not
address these issues. 
SG
doesn’t objectively determine that healthcare
obligations are necessary, would relate to any
specific proposed development, or is reasonable
in all other aspects. Therefore the tests set out in
Circular 3/2012 are not met. 
New
development creates new
demand on
health centres which are required to be
mitigated where they are operating at or
above their design capacity. The number of
patients per household support the
position that new
development relates to
capacity issues within health centres. 
Limitations of
Developer
Obligations 
Homes for
Scotland 
Closure of rural GPs has forced more patients
into Elgin practises, causing increased number
but not from
new
housing developments. 
Capacity issues within GP practices can be
caused by a variety of issues.
Contributions are only sought for the
impact of new
development on healthcare
centres. 
Contribution
amounts
NHS Grampian 
NHS Grampian will require considerable
investment to provide the physical infrastructure
and required staffing levels to operate the
facility. Consideration should be given to the use
of a single figure sum
per residential unit rather
than separate figures for permanent
accommodation and internal reconfiguration as
costs to reconfigure can be similar to
new/extending facilities and developer
obligations on their own do not fully cover
mitigation costs. 
NHS Grampian will continue to work closely with
Historically, internal reconfiguration costs
have been identified as costing less than
permanent accommodation. The current
costs in the Planning Guidance are index
linked from
existing costs provided to the
Council by the NHS. If these costs have
substantially changed then the Council
look forward to reviewing the costs in
conjunction with the NHSG
when sufficient
evidence comes forward.   
Support welcomed.
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the Moray Council to identify new
facilities,
those currently under pressure as well as the
scale of contribution required. 
Dental and
Pharmacy
Provision
Homes for
Scotland (HFS)
Unreasonable to ask for dentistry and pharmacy
contributions as these are typically private
businesses. Building homes increases the
business case for these new
services. 
Contributions towards dental chairs relate
to NHS provision of dental chairs and
pharmacy and not private provision. 
Homes for
Scotland (HFS)
No evidence linking new
homes and the need for
additional dental chairs. 
Policy 18 of NPF4 and Circular 3/2012NPF4 is
clear that infrastructure requirements must be
informed by an evidence base which is based on
evidence on infrastructure capacity, condition,
needs and deliverability. Council required to
carry out an impact assessment to provide
evidence when seeking contributions towards
healthcare. The direct requirements of additional
patients can be assessed against
accommodation available at existing practices. 
Dental and pharmacy provision have been
removed from
the Planning Guidance until
such time as sufficient evidence of the
impact of new
development on the existing
infrastructure can be identified. It is
important to keep the link to dental and
pharmacy provision within the Planning
Guidance, as when this evidence comes
forward, contributions will be sought.
Appendix 6
wording
NHS Grampian 
Appendix 6 
Require ‘healthcare’ section to state
“Contributions are sought for the closest
Medical Facility the development is zoned to or
any such facility that would serve the
development” as service provision is changing,
and developments may be allocated a service
Noted and amended.
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that best suits its needs as opposed to closest
proximity.
Transportation
Guidance
Homes for
Scotland
Note lack of detail available on when proposed
transport improvements are intended to be
delivered.
It is not the place of the Planning Guidance
to identify timescales for provision of
infrastructure. 
Transport
assessment
Moray
Estates/Highland
and Islands
Enterprise 
Provide guidance for commercial development
on what would trigger a transport
assessment/statement with this type of
development. 
Commercial developments are assessed
on a case-by-case basis, and due to the
large number of variables in commercial
developments it is not possible to provide
guidance which would be useful to
developers within the Planning Guidance.
Buckie Active
Travel Bridge
Homes for
Scotland
Any developers impacted by the provision of new
active travel infrastructure in Buckie should be
consulted specifically.
Contributions towards the active travel
bridge in Buckie are currently sought. The
Planning Guidance consultation serves as
the relevant consultation process for this
contribution.
Open Space and Sports, community and recreational facilities
NPF4
Moray
Estates/Highland
and Islands
Enterprise
The draft guidance explains that new
sports and
recreation facilities will be required to meet the
Council’s Open Space requirements set out in
the LDP, Open Space Strategy or other relevant
guidance.  This should also refer to the
standards in NPF4, notably policy 21 (Play,
recreation and sport).  Developer obligations for
Noted and amended.
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such facilities should not relate to commercial
development which should be expressed in the
guidance.
Commercial
Contributions for
Sports/
Recreation
Moray Estates/
Highland and
Island Enterprise
Commercial developments should be exempt
from
sports and recreational contributions.
Commercial developments are not
expected to contribute towards education,
healthcare or sports and recreation.
City and Town Centres
Scottish
Government
Want to know
consultation procedure for town
centre contributions as SG
makes no mention of
amendment at a later date. According to Circular
3/2012, information on standard charges,
formulae and calculations should be set out in
SG. 
Town Centre contributions have been
removed from
the draft Planning Guidance.
Homes for
Scotland (HFS)
LDP does not contain a sufficient hook to
include obligations related to city and town
contributions in the draft SG.
Paragraph 138 of Circular 6/2013 notes that:   
“…there must be a sufficient ‘hook’ in the
[Strategic Development Plan] or LDP policies or
proposals to hang the supplementary guidance
on, in order to give it statutory weight.”
Town Centre contributions have been
removed from
the draft Planning Guidance.
Strategic Environmental Assessment (SEA)
Strategic
Environmental
Assessment
Scottish
Government
Seek clarification if SEA screening has been
undertaken for new
SG
draft. A new
SEA is
required even if proceeding with much of what
SEA screening was undertaken for the draft
guidance.
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(SEA)
was screened out in 2017 as this is a separate
piece of guidance and will go through an
adoption process and therefore trigger SEA.
Governance
Unspent
Contributions
Homes for
Scotland (HFS)
Guidance should be amended to state that
unused contributions should be returned after 5
years.  Seeking to retain a contribution for 15
years raises questions as to whether the
contribution sought will comply with the five
tests within Circular 3/2012: Planning
Obligations and Good Neighbour Agreements or
that now
form
part of national planning policy
through Policy 18: Infrastructure First within
National Planning Framework (NPF) 4. 
Moray has a slower build-out rate,
therefore the 15 year timescale is deemed
to be reasonable to allow
adequate time
for the Council and NHS Grampian to be
able to spend funds given the timeframe
required to construct larger infrastructure
items.
Some other local authorities operate with
longer timescales for refunding unspent
contributions, such as Highland Council
with 20 years for developments between 1
and 49 houses.
Moray Estates/
Highland and
Island Enterprise
15 years to spend contributions is too long, 5 is
preferable. If development puts pressure on
services, these pressures should be remedied as
soon as possible.
Viability
Viability
Homes for
Scotland (HFS)
Fails to consider land already acquired under the
current guidance. There is little possible
recourse for these sites if the draft SG
now
renders these sites (potentially allocated sites)
as unviable.
If sites are unviable, then developers will
be required to go through the Council’s
viability process, which has not changed.
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Renewable Energy
Maximising Net
Economic Impact
Supplementary
Planning
Guidance
Moray Chamber
of Commerce
Keen to engage in future on the 
"Maximising Net
Economic Impact Supplementary Planning
Guidance."
The Maximising Net Economic Impact
Supplementary Planning Guidance is
separate to the Planning Guidance and will
be released for consultation separately. 
Note concerns: 
1. Risk of Disproportionate Developer
Obligations
2. Potential for Reduced Community Benefits
3. Negative Impacts of a Precedent Set by
Highland Council which raises expectation of
financial contributions from
developers, which
has already been estimated by BiGGAR
Economics to potentially reduce onshore wind
development by 80%
in the Highlands by 2030. 
4. Undermining Scotland's Net Zero
Commitments: Additional local-level obligations
beyond the Scottish Government’s national
guidance could deter future investment,
undermining both the confidence of investors
and the broader national net zero strategy. 
Renewable developers welcome the opportunity
to maximise the social and economic benefits
that their projects can bring and are keen to work
with Moray Council to consider how
this can
best be achieved without risking their financial
viability. For example, co-creating a framework
to help best deliver against the needs of the
region. 
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Our members suggest that the forthcoming
guidance be shaped by principles that maximise
the socio-economic benefits of renewable
projects for Moray while ensuring rapid
deployment of onshore wind capacity. We
recommend prioritising the following: 
•
Proportional and flexible community
benefit schemes 
•
A framework that encourages onshore
wind deployment alongside supply chain
development
•
The known onshore wind pipeline in
Moray already contributes significantly to
the local economy, supporting
employment, local businesses,
community funds, and GVA. These
contributions are at risk if a restrictive
developer obligation framework are
introduced. 
Members would appreciate the opportunity for a
direct consultation with the Economic
Development Team. 
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DEVELOPER
OBLIGATIONS
PLANNING
GUIDANCE
2025
APPENDIX 2
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m.connect on-demand service
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1Developer Obligations Planning Guidance
Contents 
1 Introduction 2
Introduction 2
Purpose 2
Status 3
2 Context 4
Developer Obligations 4
Evidence 4
Planning Policy 4
Front Funding of Infrastructure 5
3 Process 6
LDP Delivery Group 6
Planning Obligations/Legal Agreements 8
Viability 9
Freedom of Information 10
Exemptions 11
Governance 12
Indexation 12 
4 Infrastructure and Facility Requirements 13
Types of Development 13
Methodology 13
Infrastructure and Facility Requirements 13
Education 14
Transport 17
Healthcare 23
Open Space and Sports, Community & Recreational Facilities 24
Green Networks and Access Improvements 26 
5 Appendices 27
Appendix 1: Developer Obligations Assessment Report 27
Appendix 2: Developer Obligations Checklist 31
Appendix 3: Transportation 32
Appendix 4: Transportation Interventions 34
Appendix 5: Information Requirements for Development Viability Assessment 36
Appendix 6: Infrastructure Requirements 45
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1 Introduction
The sustainable economic growth of Moray requires the provision of infrastructure and
facilities to deliver new development. Local authorities and other infrastructure
providers across Scotland are struggling to provide infrastructure and facilities that will
enable new development to happen without putting a strain on existing resources.
Therefore, developers are required to contribute to the infrastructure and facilities to
mitigate any adverse impact their development has on the existing network. However,
developer obligations must be balanced carefully with development costs, sales values,
land values and other policy requirements to ensure development remains viable and
can continue to deliver the aspirations of the Council and Community Planning Partners
for Moray’s economic growth set out in the Corporate Plan. 
This guidance focuses on developer obligations that vary according to the location and
scale of development rather than those whose policy requirements will be applied
uniformly across Moray (i.e. affordable housing, accessible housing, and compensatory
planting). Failure to provide for policy requirements will render a development proposal
contrary to the Local Development Plan for Moray (LDP). This guidance should be read in
conjunction with the NPF4, LDP and any other relevant guidance. 
The aim of this guidance is to set out a transparent and consistent approach to the likely
infrastructure and facility requirements that will be sought for different types of
development, the assessment methodologies that will be used to calculate the level of
contribution required, and the rates applicable. 
This guidance applies to proposals within the area covered by the Moray LDP. Within the
Cairngorms National Park Authority (CNPA) proposals will be considered against the
CNPA Local Development Plan (CNPA LDP) and Supplementary Guidance on Developer
Contributions, which can be viewed at https://cairngorms.co.uk/planning-development/. 
Where there is a lack of detail on developer obligations within the CNPA LDP and
Supplementary Guidance then the Moray Council Supplementary Guidance on
Developer Obligations will be applied. 
2 Developer Obligations Planning Guidance
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Purpose
The purpose of the document is to provide clear guidance on the: 
Developer obligations process; 
Infrastructure and facility requirements; 
Assessment methodology; and, 
Governance. 
This guidance will help the development industry factor into viability appraisals the
potential financial implications of likely infrastructure and facility requirements at an
early stage of the development process to influence land values and provide greater
certainty to communities of what the likely infrastructure and facility requirements of a
development will be.  The Council will work with its Community Planning Partners and
key agencies to assess the likely infrastructure and facility requirements and ensure
these are fair and proportionate to the impact of the development proposal. 
The Council encourages developers and landowners to contact the Strategic
Planning and Development team as early as possible in the development process
so that an assessment of the likely infrastructure requirements and developer
obligations can be undertaken which can be used to inform the land
value/purchase price of the land. 
Status
This guidance will be used as a material consideration after the date that the guidance is
approved by the Planning and Regulatory Services Committee.  
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2 Context
Developer obligations are contributions sought from developers to mitigate the impact
of their development on the community. When a development takes place there is a
need for infrastructure and facilities to accompany it. This can include a wide range of
infrastructure and facilities (e.g. schools, healthcare facilities, roads, public transport)
depending on the scale and location of the development. Developer obligations are
intended to ensure that developers make appropriate provision for any pressure on
existing infrastructure and facilities or supply additional infrastructure and facilities to
negate the impact of the development on the local community. Developer obligations
are agreed before work on a development starts and are between the Council and the
developer. 
Evidence
Based on information available during the preparation of the Local Development Plan,
and up to the third quarter of 2025, the Council has anticipated where the need for
developer obligations will arise. It is not possible to identify this in every case. 
The Settlement Statements within the LDP set out the key requirements for facilities and
likely infrastructure to which development is required to contribute. However,
Settlement Statements may be overtaken as circumstances change during the life of the
LDP. It is unrealistic to expect the Council to anticipate every situation where the need
for developer obligations will arise, and decisions will be taken based on the adopted
LDP, NPF4, the proposed development and its impact on existing infrastructure and
facilities, and the tests set out in The Scottish Government Circular 4/2025: Planning
Obligations and Good Neighbour Agreements as set out below. The Council will maintain
and work to the most up-to-date information on school rolls, the Housing Land Audit,
the Council’s Capital Programme, NHS Grampian’s Asset Management Plan, and other
relevant plans and strategies. Contributions primarily relate to capital costs and will be
sought towards projects identified in these plans and strategies. 
Where a mitigation changes after a contribution has been agreed or received from a
developer, then the Council reserves the right to apply the contribution to the new
mitigation. Should the cost of the new mitigation be less than the cost identified for the
original mitigation then the proportional difference will be refunded to the developer. 
Planning Policy
The Scottish Government Circular 4/2025: Planning Obligations and Good Neighbour
Agreements sets out the circumstances in which planning obligations and good
neighbour agreements can be used and how they can be concluded efficiently.
Developer obligations (formerly planning agreements) or other legal agreements will
only be used where issues cannot be resolved in another way such as attaching a
condition to a planning consent. For example, a planning obligation/legal agreement will
be required for phased contributions to infrastructure provision as each successor in
title needs to be bound by the planning obligation/legal agreement. The Circular sets out
5 tests to be applied when planning obligations made under Section 75 of the Town and
Country Planning (Scotland) Act 1997 (as amended) are sought. 
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Developer obligations sought must meet the tests set out in Circular 4/2025 and
embody the infrastructure first principles with NPF4. Developer obligations must be: 
Necessary to make the proposed development acceptable in planning terms;
Serve a planning purpose;
Relate to the proposed development;
Fairly and reasonably relate in scale and kind to the proposed development; and,
Be reasonable in all other respects.
National policy and guidance on developer obligations including the 5 tests set out
above are reflected in the adopted LDP. 
Front Funding of Infrastructure
NPF4 policy 18 sets out that an integrated Infrastructure First Approach is to be taken to
land use planning. Providing the infrastructure necessary to allow a development to
proceed may require the Council or other partners to incur costs while working in
partnership with developers, or through front funding of investment. Such expenditure
will need to be recouped and where appropriate, contributions will be amended to
reflect the actual costs incurred as opposed to the estimated costs set out in
methodologies contained in this guidance. Circular 4/2025 provides that Local
Authorities can recover proportionate payments from subsequent developments which
benefit from initial investment until the costs have been recovered in line with the
agreed planning obligation/legal agreement. Moray Council will continue to seek
developer obligations for infrastructure once it is completed from sites which will utilise
the additional capacity created. 
5Developer Obligations Planning Guidance
Buckie’s Darling,
Buckie
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3 Process 
LDP Delivery Group
An LDP Delivery Group has been set up by the Council to facilitate the alignment of
investment plans and maintain an up-to-date evidence base to inform developer
obligation assessments. The Group is led by Strategic Planning and Development and
includes representatives from Transportation Services, Education Services, Housing
Services, NHS Grampian and Scottish Water with scope to involve others as and when
required. 
The group identifies the infrastructure needed to support the growth associated with
allocated sites within the Local Development Plan. This includes consideration of
cumulative impact and the timing of infrastructure delivery to support growth. 
6 Developer Obligations Planning Guidance
Diagram1: Process Flow Chart
Developer liaises with Council
to determine anticipated
infrastructure and likely levels
of developer obligations
Strategic Planning &
Development assess 
requirement for level/type
contribution and liaise with
applicant
Applicant may submit
development viability statement
(facts, figures) confidentially to
demonstrate viability of site.
Planning application assessed
against Local Development 
Plan and other material 
considerations by 
Development Management
Application determined. If
approved, then subject to
conditions or planning
agreement dealing with
developer obligations
Strategic Planning &
Development advise
Development Management 
team of proposed level/type 
of contribution, method of
securing any proposed
timescale/phasing of
payments/works
Development Management
consult Strategic Planning &
Development
Planning Application 
submitted to Council
Report of Handling/Committee
Report prepared
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Dialogue on developer obligations can take place at any time with the Council. However,
developers are encouraged to contact the Council as early as possible in the
development process to ascertain the likely contributions that will be sought and their
anticipated level so that these can be factored into early site development appraisal
calculations and the extent to which these impact on the total development cost and the
residual land value. This service is provided free of charge by the Strategic Planning &
Development Team at the Council.  The cost of meeting developer contributions and any
other policy requirements must feature in any land valuations that determine residual
land value. 
When a planning application is submitted, the Council assesses what developer
requirements are necessary to mitigate any infrastructure and/or facility deficiencies
that are a direct result of the proposed development.  These requirements are based on
an assessment of existing facilities and infrastructure (taking into account any planning
and funded improvements) to identify any infrastructure and facility capacity issues in
absorbing new development. An assessment is provided to the developer by the Council
setting out the contributions, methodology as to how these contributions have been
calculated, and the justification for securing these.   An example of a developer
obligation assessment report is shown in Appendix 1. 
The developer can reasonably expect to provide, pay for, or otherwise contribute
towards the provision of infrastructure and facilities that would not have been necessary
but for the development. Where a developer wishes to provide the infrastructure or
facility in full, then this must be in agreement and to the satisfaction of the Local
Authority.  The basic premise is that the proposed development must not detract from
the amenity of existing residents in terms of additional pressure the proposal would
generate.  In assessing developer obligations, the Council may take account of the
cumulative impact of a number of proposed developments that gives rise to the need
for mitigation. In these circumstances, the developer obligations sought will be on a pro-
rata basis.  
As the system of developer obligations in Moray has now been established for some
time, and the guidance provides a transparent process for calculating developer
obligations for sites identified in the LDP, developers who have purchased land without
considering an appropriate level of developer obligations will be considered to have
acted unreasonably and without due diligence. 
A checklist setting out the actions developers will be expected to undertake and those
that the Council will carry out in the identification, negotiation and agreement of
developer obligations   is set out in Appendix 2. 
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Planning Obligations/Legal Agreements
Developer obligations may be secured through upfront payments under Section 69 of
the Local Government (Scotland) Act 1973, Section 48 of the Roads (Scotland) Act 1984
or Section 75 of the Town and Country Planning (Scotland) Act 1997. A legally binding
Section 75 agreement (also referred to as a Planning Obligation) is likely to be required
for larger developer obligations to secure through phased payments and in perpetuity
with each successor in title. Therefore, if the developer sells the site the new owner takes
on the responsibility of meeting the developer obligations. 
Section 75 legal agreements are likely to be used for larger developments, particularly
where there is phasing of payments and infrastructure. Section 75 agreements will be
prepared in accordance with the Town & Country Planning (Scotland) Act 1997 and
Scottish Government Circular 4/2025. An application may be made to modify an existing
Section 75 agreement under Section 75A of the Act 1997 and this may result in the
amendment of particular obligations either up or down, or may include obligations that
were previously not sought at the time of the original application. Where an application
proposes a net increase in the number of units from the original planning consent, a
new assessment will be undertaken for these units and the obligations necessary will be
reflected in the clauses of the Section 75 legal agreement relating to the development. 
Legal agreements are signed off by all parties with an interest in the land and the
Council before planning consent is issued and contain the payment structure for
developer obligations as well as any other obligations required on the part of the
developer or the Council. The exact payment terms will be a matter of agreement
between the Council and the applicant. 
Where a developer anticipates the need for a Legal Agreement they should prepare for
this and include the time required to seek all land owners agreement within the project
plan for the development. 
Developer Obligations towards Moray Council infrastructure will be index linked to the
General Building Cost Index (GBCI) as published by the Building Cost Information Service
of the Royal Institute of Chartered Surveyors (RICS) and obligations towards NHS
Grampian infrastructure will be index linked to All in Tender Price Index (TPI) as
published by Royal Institute of Chartered Surveyors (RICS). Contributions will be index-
linked from the first anniversary of the execution of the relevant legal agreement. 
A developer can apply to the Council to modify or discharge an obligation within a
Section 75 legal agreement and has a subsequent right of appeal to the Directorate of
Planning and Environmental Appeals (DPEA) if the authority refuses the application.
These applications are assessed against the relevant development plan policies and five
tests set out in Circular 4/2025. 
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The need for a legal agreement may be removed where financial contributions are to be
paid as an upfront financial payment prior to planning consent being issued. This mostly
relates to smaller development sites, where the level of developer obligation required is
disproportionate to the legal costs to set up an agreement. In these cases, upfront
payments will be required in order to meet this policy requirement. There may be delays
relating to the clearance of funds depending on the method of payment chosen. Funds
will not be deposited until planning permission is issued. 
Viability
Developer obligations must be carefully balanced with development costs, sales values
and land values to ensure development remains viable and can continue to deliver the
Council’s aspirations for Moray’s economic growth and the delivery of affordable
housing. This is substantiated in Circular 4/2025 which advises that the economic
viability of proposals should be taken into consideration when applying developer
obligations. 
Where there are viability issues the Council may enter into discussion with the developer
to negotiate an appropriate level of developer obligations following the submission of a
viability assessment based on Appendix 5. 
Viability Assessments
Where a developer considers that the level of developer obligations being applied
renders their commercially viable proposal commercially unviable then they must bring
this to the attention of the Council setting out the issues they consider to materially
affect the viability of their proposal. 
In these circumstances, a viability assessment and “open-book accounting” must be
provided by the developer which Moray Council, via the District Valuer, will verify. For
this service, the developer is required to pay the District Valuer’s fee, which will be
determined by the District Valuer on a case-by-case basis. 
The information required by the applicant in order for the Council to undertake the
review of the viability assessment is shown in Appendix 5. The Council will not consider
the viability assessment until all the information required is submitted and to the
satisfaction of the Council. Further advice is also available on the Royal Institute of
Chartered Surveyors (RICS) website at www.rics.org.uk 
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Should a variation be considered acceptable an assessment report will be issued setting
out what developer obligations have been agreed and the reasons for any change to the
policy requirements. Planning applications where the negotiated value is a variation
exceeding £50,000 will be reported to a meeting of the Planning and Regulatory Services
Committee for their consideration/approval. 
Freedom of Information
The Council may disclose information where it is obliged to do so, including where it is
subject    to request under the Freedom of Information (Scotland) Act 2002 (FOI) or the
Environmental Information (Scotland) Regulations 2004. In such circumstances, the
Council will seek the views of the developer and take them into account when
considering and responding to any request. Where appropriate, developers are advised
to obtain their own legal advice on this matter. 
10 Developer Obligations Supplementary Guidance
Residual Land Value
Developer Obligations
Developer Costs
GDV
GDV Costs
100%
75%
50%
25%
0%
Gross Development Value GDV 
(total sales income from the development)
minus 
Total Development Costs
(construction costs, professional fees, developers
profit, finance charges, developer obligations) 
equals 
Residual Land Value 
(amount to be paid to the landowner)
Community Orchard, Buckie
Buckie
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Exemptions
The Council have adopted the following exemptions: 
Student Accommodation. As this development will not generate resident children and
place an additional burden on the existing schools, they will not be expected to
contribute to Education facilities. A proposal to change these types of
accommodation into mainstream housing will require planning permission, and an
education contribution will be sought at this time (if necessary);
HMO Accommodation. These developments will not be expected to contribute to
Education, but may be required to contribute towards Healthcare; Sport and
Recreational facilities and Transportation
Sheltered, Extra Care, and Serviced Accommodation. These developments will not be
expected to contribute to Education, Healthcare and Sport and Recreational facilities,
but may be required to contribute towards Transportation;
PNOTRE (Prior Notification) and PAPRE (Prior Approval). These developments will not
be expected to contribute to Education, Healthcare and Sport and Recreational
facilities, but may be required to contribute towards Transportation;
Replacement Houses;
Holiday Accommodation;
Temporary caravans;
Residential Annexe where it is conditioned to be ancillary to the main property;
Town Centre Redevelopment of existing buildings for residential use where the
original fabric is retained and redevelopment is achieved via internal conversion; or
redevelopment of opportunity sites identified in Town Centre Masterplans adopted as
a material consideration by the Council;
Approval of Matters Specified in Conditions (AMC) planning application;
Amendment of previously permitted planning application of 4 or more residential
units results in a net increase of 1 SRUE or less than 1 SRUE;
Sites with extant planning consent whereby: the previous planning consent is within
the timeframe between consent being granted and expiry at the time of the
verification of the current planning application; or the previous planning consent has
commenced or developer obligations had previously been paid; 
Commercial Development where the floor space is less than 1,000m2 or the site area
is less than 1 hectare; and
Redevelopment of brownfield sites within Town Centres 
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Governance
The Council and NHS Grampian will endeavour to spend the funds received on
appropriate infrastructure and facilities within 15 years of the date of payment, or for
those applications where phased payments are received through a Legal Agreement
within 15 years of the date of final payment, unless otherwise agreed.  Contributions not
spent by the end of the relevant period will be refunded to the developer with any
interest accrued within 21 days of receiving a written notice from the developer
requiring to do so. Where applicable, net of any additional administrative costs directly
attributable to the particular contribution to be refunded. 
For applications where payment has been made upfront, where planning consent lapses
as development has not commenced on the site within the period of the consent or a
smaller dwelling built, developer obligations will be refunded to the applicant within 21
days of receiving a written notice from the applicant requiring it to do so, with any
interest accrued. 
Interest of 5% per annum above the Bank of England base rate will be charged on the
late payment of developer contributions from 14 days after the date the developer
obligations fall due until payment. 
For residential developments, the Council will not expect the individual purchasers of
the completed residential plots to have liability for any of the financial contributions. 
Indexation
All rates as set out in this guidance are correct as of Quarter 3-2025 and will be reviewed
and published every 12 months. Developer Obligations towards Moray Council
infrastructure will be index linked to the General Building Cost Index (GBCI) as published
by the Building Cost Information Service of the Royal Institute of Chartered Surveyors
(RICS) and obligations towards NHS Grampian infrastructure will be index linked to All in
Tender Price Index (TPI) as published by Royal Institute of Chartered Surveyors (RICS).
These rates will be reviewed every 12 months to ensure they are in line with actual costs
incurred. The published index linked rate for the date the application is submitted will be
used in the assessment report.
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4 Infrastructure and Facility Requirements 
Types of development
Developer obligations will be sought for the following types of development: 
Residential development:  All proposals which involve the creation of new                                                   
residential unit(s). 
Commercial development: All proposals where the floorspace is 1,000m2 or where                                                   
the site area is 1 hectare or more 
Other applications:              Where the Council or NHS Grampian considers the                                                   
proposal to be of a scale or type appropriate to merit                                                   
consideration of developer obligations
Methodology
Developer obligations will be sought on a per-residential unit equivalent (unless
otherwise stated). A three bedroomed residential unit will be taken as a “standard sized
residential unit” (SRUE). The figures below show how the obligation is calculated. 
Where a planning permission in principle application is received and the precise mix of
units is not available then the assessment will be based on 1 SRUE (3 bed unit) for each
of the units proposed. 
1 bed units will not be expected to contribute towards education facilities. 
Infrastructure and facility requirements
Developer obligations will be sought for the following infrastructure and facilities: 
Education;
Transport;
Healthcare;
Open Space and Sports, Community & Recreational Facilities;
Play Opportunities and Destination Parks;
Green Networks and Access Improvements
This is not intended to be an exhaustive list and requirements may change over time as
additional mitigations are identified in the Council’s Capital Plan and other relevant
strategies. A further assessment of infrastructure and facility requirements will be
undertaken on submission of a planning application.
13Developer Obligations Planning Guidance
Size of Residential Unit 1 bed 2 bed 3 bed 4 bed 5 bed 6 bed
Contribution 0.6 0.8 1.0 1.2 1.4 1.6
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Education
Contributions will be sought towards meeting the cost of improvements for nursery,
primary, and secondary education infrastructure that is necessary as a direct
consequence of residential development. 
When and where do they apply?
Contributions will be sought from all residential developments where the school roll in
the catchment primary and/or secondary schools exceeds 90% of its planning capacity
as a result of the development, cumulatively along with other identified developments in
the school catchment. This figure has been adopted due to the rural nature of Moray
and the large number of schools with composite classes from a school estate which
includes a number of older buildings which can restrict the number of pupils a school
can accommodate. Additional Support Needs (ASN) provision can also limit the number
of pupils which can be accommodated in a school as a result of increased space
requirements for pupils with ASN needs. An ASN strategy is currently being developed
by Education Services and this may require a separate contribution towards ASN. 
The Scottish Government Guidance on Determining Primary School Capacity (2014) sets
out that planning capacity is a physical, theoretical measure of the total number of
pupils which could be accommodated in a school, based on the total number of
teaching spaces, the size of those spaces and the class size maxima. 
Where a mitigation is required, this will be provided by the most appropriate method by
either a permanent extension, reconfiguration of the existing building to provide
additional classroom space, through the erection of a new-build school, or by rezoning. 
Mitigations are informed by collaborative work with Education Services, alongside
Capital Plan allocations, the Learning Estate Strategy, and indicative measures identified
in the Moray Local Development Plan. 
How is the contribution calculated?
Contributions will be calculated for each development and are based on the Housing
Land Audit (HLA) and published School Roll Forecast (SRF) for Moray using the following
formula: 
Average Number of Pupils Over 90% Capacity x Rate of Mitigation = Contribution 
Contributions are calculated on the basis of the average number of pupils that the
school(s) are over capacity over the 5-year period following the submission of a planning
application. 
The average number of pupils over 90% planning capacity will be expressed as a
percentage of the number of houses proposed by a development against the total
number of houses built within the school catchment during the 5-year period. 
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Where the proposed build out of the development is beyond 5 years, contributions for
the remaining units for the extended period beyond 5 years will be calculated using the
following formula: 
Number of Houses Remaining x Relevant Pupil Product Ratio x Rate of Mitigation 
The rates applicable to each mitigation are set out below: 
The rates per pupil as set out above reflect the recent costed projects within Moray,
indexed in line with BCIS where appropriate. 
If the identified mitigation is a rezoning exercise, then a contribution will be sought
towards the cost of the rezoning consultation. School catchment rezoning is a separate
statutory process so in the event that a rezoning application is not approved, then
alternative mitigation would need to be explored. The rates for reconfiguration and
rezoning are indicative as these may vary depending on the nature of the project
proposed. The cost for rezoning may include costs towards reconfiguration or other
infrastructure as part of the mitigation. 
For primary schools, contributions will be used to create capacity for the relevant
catchment area. As set out in the Education (Scotland) Act 1980 the Scottish Government
require Local Authorities to allow out of zone placements and as such, capacity may be
created at an alternative local school to reduce demand in the relevant catchment. 
Pupil Product Ratio (PPR)
The number of pupils generated per residential unit (often referred to as the ‘pupil
product ratio’) is set out below: 
This PPR has been tested and proven to be reasonable in Moray. 
15Developer Obligations Planning Guidance
Cost per pupil 
Mitigation Measure Primary School Secondary School 
Rezoning £5,697.78 £5,697.78 
Reconfiguration £7,720.57 £15,441.17 
Permanent Extension £49,235.81 £60,446.37 
New School £69,204.67 £88,523.12
Pupil Product Ratio (PPR) 
Primary Education 0.3 
Secondary Education 0.15
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New Schools
In larger developments, where the development as a whole or as a part of the
masterplanned area generates the need for a new school the developer will be required
to provide an appropriate sized area of land for the school: 2.5 hectares for a primary
school. This figure is based on a provision of a modern school and associated facilities
such as playing fields and SUDS. The land provided should be an appropriate shape,
reasonably flat, accessible, transferred at nil cost to the Council, and serviced at the
developer’s expense. 
Where the development does not fully require a new school, the Council will pay for the
part of the land that is attributable to pupils generated by other developments. Other
developments generating pupils that are zoned to the new school will then be required
to provide a proportionate contribution towards the land value element, that the Council
has front funded, in addition to the contribution to building costs. A per pupil rate for
the land value element will be based on the total land value cost which will require an
independent valuation to be undertaken. 
Nursery Provision
New housing development may result in extra demand for early learning and childcare
places, resulting in the need for a material increase in nursery provision. Future
guidance on nursery provision, including rates will be provided. 
16 Developer Obligations Supplementary Guidance
Linkwood Primary School
Elgin
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Transport
A developer will be required to undertake mitigation measures to ensure there is no
adverse impact on the transport network as a direct result of their development or
arising from the cumulative impact of development in the area. Transport interventions
that are expected to be provided as part of a new development should be reflected in
associated planning applications. The developer will be expected to deliver the
infrastructure and measures at their cost and for cumulative impact through a
proportionate contribution towards transportation interventions identified in the Elgin
Transport Strategy or other location specific transport plans which may     be agreed by
the Council. 
The Scottish Government Planning Guidance on Local Living and 20 Minute
Neighbourhoods states that ‘The Local Living and 20-minute neighbourhood concepts
aim to create places where people can meet the majority of their daily needs within a
reasonable distance of their home, by walking, wheeling or cycling’. Transport mitigation
such as active travel connections and public transport provision may be identified to
support local living.  This will be determined on a case-by-case basis. 
Transport infrastructure requirements and costs will vary from site to site.
Developers are encouraged to contact the Council’s Transport Development Team
as early as possible in the development process to ascertain the likely transport
infrastructure requirements that will be sought in order that these can be
factored into early site development viability calculations. 
A mitigation measure to the transport network that can be carried out by the developer
will generally be secured via planning condition and where this is not possible a financial
contribution will be sought through a legal agreement. Examples of modifications to the
transport network and provision of sustainable travel secured through s75 can include: 
Funding of bus services to serve the development during early phases;
Provision of or funding of public transport priority measures (e.g. bus gates);
Installation of traffic signals, controlled pedestrian crossings and/or
upgrading/refurbishment of existing traffic signal infrastructure;
Provision or upgrading of roads, bridges and other infrastructure (e.g. new footways);
Alterations to existing roads.
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Examples of modifications to the transport network and provision of sustainable travel
secured through conditions attached to a planning consent can include: 
Infrastructure to support Active Travel, in particular Routes to School;
Travel plans to incentivise use of active travel infrastructure and public transport;
Installation/upgrading of street lighting;
Infrastructure to support Traffic Regulation Orders/Stopping-Up Orders;
Passing places.
Examples of standard costs associated with sustainable travel and transport network
improvements include: 
New bus shelter (Moray Council is required to deliver infrastructure within the
existing public road): £5,075; 
Processing of Road Traffic Regulation Order (e.g. extend speed limit, waiting
restrictions) as set out in the current Moray Council Fees and Charges schedule.  
Local Authority provided public transport
Developer obligations will be sought from developments within rural and urban areas,
where no public transport connection is available and will contribute to public transport
provided by Moray Council to serve the additional residents generated by the new
developments. 
Transport Assessments/Statements
For developments of 50 or more dwellings the final need for transportation developer
obligations will be determined by a Transport Assessment (TA) which should be carried
out by the developer. 
For developments of 49 dwellings or below, a Transport Statement will be required and
this will identify the existing transport infrastructure, travel characteristics associated
with the site and the proposed measures to improve the infrastructure and services to
encourage sustainable travel to the site. Detailed accessibility analysis and assessment
of the traffic impacts would not normally be required. 
The information required for a Transport Assessment/Statement can be found in
Appendix 3. Developer obligations will be sought towards transport interventions at
locations where there is a material increase in traffic. For example in Elgin at the A941
New Elgin rail crossing point and adjacent Edgar Road and Laichmoray junctions a
material increase is anything in excess of 1% as these already operate above capacity
during the peak periods, for all other locations in Elgin a material increase would be in
excess of 5%. For all other locations in Moray the material impact will be considered to
be 5% where there are currently operational issues and 10% elsewhere. 
18 Developer Obligations Planning Guidance
Mitigation Measure Cost per SRUE
Moray Council provided bus £418.00
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High quality design which prioritises active travel and the use of public transport and
results in an identifiable reduction in the use of private cars evidenced through the
Transport Assessment may be reflected in the final need for transportation developer
obligations. The use of target mode shares will require justification and strong evidence
of interventions to support active travel and public transport, and will only be
considered where there is an agreed monitoring programme and clause within a S75
agreement which would secure an additional developer obligation towards public
transport or active travel mitigation if targets were not met. If additional public transport
or active travel measures cannot be provided then additional developer obligations will
be sought towards mitigating the impact of additional vehicles on the transport network. 
Cumulative Impact of Development on the Wider Transport Network
Development of a number of sites will have an effect on the operational performance of
the transport network. When these sites are considered together this may require
different mitigation measures than when considered individually. Additional
assessments of key junctions on the trunk road network, utilising previously agreed
capacity modelling parameters with Transport Scotland, will be undertaken and overall
mitigation measures further developed for the cumulative impact of developments,
taking cognisance of the needs of pedestrians and cyclists as the National Transport
Strategy aims to make sure that public transport and active travel options are the
preferred choice for people making short journeys. 
Elgin
Elgin Transport Strategy (ETS) addresses the cumulative impact of development
allocated in the Moray Local Development Plan 2020 up to 2030. The ETS sets out a
series of transport interventions which seek to improve pedestrian and cycle access,
develop public transport, ease congestion and make travel around Elgin more
predictable and consistent. The ETS can be viewed on the Council’s website at
www.moray.gov.uk/downloads/file109528.pdf 
The transport elements considered within this developer obligations guidance only
apply to the local road network. Where any development has the potential to change the
volume or nature of traffic using the Trunk Road Network (A95 and A96) further
consideration will be required in discussion with the Council’s Transport Development
Team and with Transport Scotland. This further consideration may result in planning
conditions and/or additional mitigation requirements related to the strategic transport
network. 
19Developer Obligations Planning Guidance
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The final need for developer obligations will be determined through an agreed TA/TS.
Contributions towards the transport interventions identified in the ETS will be sought
from all residential development including windfall sites.
Transport interventions in the ETS are split into: 
Core: address both existing network constraints where development will have an
adverse impact as this will exacerbate an existing situation and to provide for the
additional demand for travel associated with new development;
Directly related to development: interventions directly related to the development of
a LDP site (e.g. replacement of bridge to enable two-way traffic);
Council: specific improvements led and delivered by Moray Council (e.g. Moray
Council Travel Plan). Contributions will not be sought towards transport interventions
attributed solely to the public sector.
As noted previously, the transport elements considered within this developer obligations
guidance only apply to the local road network and further discussions will be required
where there is a potential impact on the Trunk Road. While indicative improvements to
the A96 are included within the wider Elgin Transport Strategy the Council acknowledges
that further and more detailed engagement on rationale for specific interventions,
consideration of trunk road safety, impact on strategic traffic movements and design in
accordance with Scottish Transport Appraisal Guidance and Design Manual for Roads
and Bridges. 
Elgin is split into five areas as shown on Plan A in Appendix 4.  The transportation need
for a development is calculated on the basis of where the development is located and
where trips from the development would likely be passing through and is calculated
using   peak period car trips based on trip generation rates from TRICS which are the
same as used in the Elgin Traffic Model. Information pertaining to TRICS and the Elgin
Traffic Model is provided in Appendix 3. 
Developments are required to proportionately contribute towards interventions within
their respective areas and interventions within the central and commercial area given
that the central and commercial area will attract trips from all residential developments
within Elgin. Where an intervention is on or crosses boundaries contributions will be
sought from developments in both areas. 
The transportation need and associated level of developer obligations will be based on a
Transport Assessment/Statement provided by the developer and agreed with Moray
Council. The transportation need will be informed by the percentage increase in
development traffic at the points of the transport network where ETS interventions are
proposed, including Active Travel interventions particularly where increases in traffic
would lead to community severance. 
20 Developer Obligations Planning Guidance
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Where the TA/TS identifies a development impact of less than 1%, no developer
obligation   would be sought for that intervention. Where the TA/TS identifies that an
improvement is required at one of the ETS interventions which is more onerous than
that included in the ETS, then the developer will be required to develop and deliver
mitigation measures at that location. 
High level costs for each transport intervention have been supplied by the Council’s
transport consultants, Jacobs. These costs include an outline allowance for land
purchase and utilities diversions. A table setting out the ETS transport interventions and
associated costs are shown in Appendix 4. 
Should the actual cost of a transport intervention following construction and operation
be lower than that estimated through the ETS, then an appropriately apportioned refund
will be provided where a developer has provided the full developer obligation for the
transport intervention. 
Buckie 
In Buckie, developer obligations are required to enable the provision of new active travel
infrastructure, including a new bridge over the Burn of Buckie, which would provide a
new high quality, safe and direct connection from the Southwest Buckie development
area to the eastern part of Buckie where the majority of existing and future employment
opportunities are located, along with other facilities such as education, healthcare and
retail. 
A proportionate contribution will be sought from the sites which make up the Southwest
Buckie Masterplan and R7 Muirton Road site, based on a per housing unit rate, with
additional funding being provided by Moray Council to account for demand associated
with existing housing to the west of the Burn of Buckie. 
The current estimated cost for the active travel connection (September 2025 prices) is
£2,033,365.67.  The current number of housing units for relevant developments are: 
Existing Housing:
Silberg Drive 180 housing units;
Alba Road 147 housing units; and
Inchgower 112 housing units.
Development Sites:
R7 Muirton Road (indicative capacity) 161 housing units; and
R8 + LONG 600 housing units.
21Developer Obligations Planning Guidance
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m.connect on-demand service
Total number of housing units which would benefit from the new infrastructure is 1200
(based on indicative site capacities in April 2024). 
This gives an indicative rate for developer obligations towards the Burn of Buckie Active
Travel infrastructure of £1,694.47 per housing unit at the time of writing this report.
Note as planning applications are received then the number of housing units may
increase/decrease. This will lead to a proportional change in the level of developer
obligations sought. 
Other settlements
For all other settlements and in rural areas, each planning application will be assessed
on its own merits. Developers will be expected to meet in full the cost of all external
works identified in the Transport Assessment and/or through the planning process and
undertake these works. The developer may also be required to make an appropriate
contribution towards mitigation measures on the wider transportation network, in
particular active travel provision and public transport. 
The Council may agree transport plans or specific interventions for other locations (e.g.
Forres, Buckie) from time to time where the predicted growth from a range of sites
indicates the need to set out a single approach to transport infrastructure
improvements to mitigate the impacts of those developments or provide off-site
infrastructure to support sustainable travel. Any requirement to contribute to the
delivery of one of these plans or interventions will be consulted and set out as an
appendix to this Guidance. 
22 Developer Obligations Supplementary Guidance
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Healthcare
Healthcare facilities can include General Medical Services (GMS), Dental Services,
Community Pharmacies and Health and Social Care Partnerships (where it can be identified
there is need for provision in the GP Practice), or such other infrastructure systems relating
to those which will offset the impact of development e.g., remote consulting,
reconfiguration etc. Scottish Health Planning Notes and GP Premises Directions provide
national guidance on standards and specification for healthcare facilities. 
When and where does it apply?
It applies to all residential developments where the capacity of existing facilities will be
exceeded as a result of the development. Site specific requirements are initially
identified in the Settlement Statements within the LDP. Requirements for specific
mitigations are identified in appendix 6. 
The baseline is identified as the recommended number of patients of 1,500 per General
Practitioner (GP). Although guidance refers to a GP, this can also include other
Healthcare Professionals. The Primary Medical Services Directions and the Scottish
Health Planning notes set out floor space and accommodation requirements. Primary
healthcare provision also includes a number of Health and Social Care Partnership and
link worker services located within the same facility.  Additional floor space is therefore
identified for this purpose. 
Contributions may be sought for a new build facility, permanent extension, internal
reconfiguration works or any other mitigation identified by NHS Grampian to provide
additional capacity. The mitigation will be based on required infrastructure capacity (i.e.
floorspace requirements) to deliver the number of GPs and support services as opposed
to number of staff currently employed in premises. 
On this basis, the following contribution per residential unit equivalent will be sought for
each mitigation measure: 
On larger residential development sites, where development as a whole or part of a
masterplan generates a requirement for requirement for GP, Health and Social Care
Practice Moray (HSCP Moray), facilities there may be a need to provide these on-site.
Similar to education facilities, a proportional land value contribution will also be
required. This may be in the form of serviced land at nil value cost or a financial
contribution, which will be additional to the mitigation measure for build cost. 
On larger residential development sites there may also be a requirement for an interim
solution to be provided to ensure the residents can access a Healthcare Facility at the
early stages of the development. This may be in the form of a commercial unit at nil
rental cost for an agreed timeframe. 
23Developer Obligations Planning Guidance
Mitigation Measure Permanent Internal 
Accommodation Reconfiguration
Contribution per SRUE £1,838.45 £1,081.58
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Open Space and Sports, Community & Recreational Facilities
New sports and recreation facilities such as sports pitches, parks and children’s play
areas will be required to meet the Council’s Open Space requirements set out in the LDP,
NPF4, Open Space Strategy or other relevant guidance. 
Sports Pitches
The Review of Sport, Leisure and Recreational Provision in Moray, April 2014, identified
that grass pitches in Moray are heavily used but are restricted by poor weather, lack of
floodlighting, use of other activities and maintenance issues.  The Review identified that
the Scottish climate and vast amount of football that takes place on natural grass pitches
are incompatible and unsustainable from a maintenance resource perspective.  With the
ever-improving developments of synthetic turf technology, the flexibility offered by the
surface in terms of game size and the capacity for repeated play without detrimental
effect is further evidence that a synthetic grass pitch located in every associated school
group (ASG) area can ensure year-round outdoor sports pitch activity is available and
reduce the pressure on natural grass pitches.   
The sportscotland national average for synthetic grass pitches is 1.0 full sized pitch per
10,000 population.  The Facilities Planning Model 2023 sets out that Moray provision
currently aligns with the national average however 3 of Moray’s pitches have restricted
access due to them being located on private property (Army, RAF and Private School)
and 1 other pitch is not full sized. 
A previous outdoor pitches strategy for Moray Council aimed to provide a synthetic grass
pitch in every ASG in Moray.   Current pitch provision in Forres falls below this intention
therefore contributions will be sought towards a provision of an enclosed, floodlit,
synthetic grass pitch in Forres to mitigate the adverse impact of proposed development
on recreational sports facilities. 
Contributions will also be sought towards the provision of grass pitches where new
development creates strain on existing grass pitches. Contributions will be identified on
a case-by-case basis. 
24 Developer Obligations Planning Guidance
Mitigation Measure Synthetic Grass Pitch (1.0ha) 
Contribution per SRUE £280.42
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Sports, Community & Recreational Facilities
Sports, community and recreational facilities are an integral part of new developments,
particularly if existing provision would not have the capacity to cope with increased
population.  Moray Council has a sport and leisure capital investment plan which will
continually evolve and align with the Council’s capital plan.  This specific investment plan
will identify new facility requirements as well as existing refurbishment.  Financial
contributions may be secured towards internal reconfiguration or other works to
enhance existing facilities, create an extension or a new build facility to help alleviate the
impact of users arising from new development. 
These facilities may include, but are not limited to, outdoor facilities such as multi use
games areas (MUGA’s), athletics facilities, lighting, fencing, spectator areas, changing
facilities and indoor facilities such as swimming pools, fitness rooms, exercise studios,
community meeting space and sports/gym halls.   
Further consultation may be required both internally and with the local community to
establish how facilities would be impacted to further evidence contributions required. 
Due to the significant variation of costs across sports, community and recreational
facilities rates will differ and be applied accordingly. 
Play Opportunities and Destination Parks
Developments will be required to provide play spaces in accordance with the adopted
LDP, NPF4 and the Open Space Strategy or other relevant strategies and with reference
to the Play Sufficiency Assessment. Contributions will be sought towards enhanced play
provision in community parks which serve the development where the development will
create strain on the existing play spaces. Contributions will be identified on a case-by-
case basis. 
Moray Council has identified Destination Parks in Aberlour (Alice Littler Park), Buckie (Ian
Johnston and/or Linzee Gordon), Elgin (Cooper Park), Forres (Grant Park), Keith (St Rufus
Park). 
25Developer Obligations Supplementary Guidance
St Rufus Park (Keith)
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These parks play a role within communities providing a greater variety of opportunities
for play for a greater age range and may provide other facilities such as skateparks or
pitches. These have wider catchments than neighbourhood or local equipped play areas.
If existing provision would not have capacity to cope with increased population financial
contributions may be secured towards enhancing, reconfiguring, extending existing
facilities and/or new facilities within Destination Parks. This could include, but is not
limited to, play provision, MUGA’s, paths, seating and other furniture, lighting, or any
proposals within approved guidance or masterplans.   
Green Networks and Access Improvements
No development should be viewed in isolation and have a duty to contribute to the
quality of their local environment by integrating into existing green networks and access
routes.  Off-site provision may be necessary and where this is the case, developer
obligations will be sought.   
Examples that developer obligations may be sought for include: 
New and/or improvements to existing core paths and active travel routes serving the
development and/or connecting to existing core paths/active travel routes;
Cycle parking facilities and repair stations at key destinations such as town centres,
community facilities and town parks (e.g. Cooper Park in Elgin);
Route or interpretative signage;
Off-site sustainable urban drainage systems (all greenfield sites are required to
provide this on-site however, it is acknowledged that this may not be practical on
brownfield sites);
New habit, wildflower planting, hedgerows and tree lines to connect green corridors
and support ecological habitats and biodiversity; and
Improvement of poor-quality open spaces as advised by the Open Space Strategy and
Audit.
Planning conditions will be used where possible, however where core paths align with
the Active Travel network delivery may be facilitated as part of the developer obligations
towards the transportation network.   
Developer obligations will be sought on a case-by-case basis.   
26 Developer Obligations Planning Guidance
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!
!
!
Appendix 1 
Developer Obligations Assessment Report
Please note that this assessment is hypothetical and demonstrates the methodology
applied. 
As set out below, a total developer obligation of £1,912,914.52 (£22,504.88 per unit)
is required to mitigate the negative impact that this development proposal has on
local education, transport and healthcare infrastructure. 
Date: 
Application Reference: 24/00000/APP 
Description: Residential development of 85 houses and associated infrastructure at
Moray Town 
To: Development Management 
Applicant: 
I refer to the above-mentioned planning application under consideration by Moray
Council. 
This assessment is carried out in relation to policies contained within the Moray Local
Development Plan (LDP), specifically policy DP2 Housing and PP3 Infrastructure &
Services. 
Copies of these policies can be found on the Council website at
http://www.moray.gov.uk/downloads/file133546.pdf 
This assessment report will set out the basis for any agreement you enter into with
Moray Council. 
Your application will be unable to be determined (in terms of delegated
powers/reported to committee) until we have reached agreement in writing on the
terms as set out in the assessment report. 
27Developer Obligations Planning Guidance
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Summary of Obligations 
Infrastructure                                                                              Level of Contribution
Primary Education                                                                         £796,545.41
New build Moray Primary School 
Secondary  Education                                                                   £523,238.48
Extension at Moray Secondary School 
Healthcare                                                                                      £152,591.35
Permanent accommodation at Moray Health Centre 
Transportation                                                                               £662,717.27 
Total Developer Obligations                                                     £2,135,092.51 
Breakdown of Calculation of Obligations
This section of the report sets out how the obligations outlined above have been
calculated. 
Calculation of Standard Residential Unit Equivalents (SRUE)
Applications are assessed on the basis of standard house unit equivalents (SRUE). This
application is considered to comprise of the following: 
5 x 1 bed (0.6 SRUE) = 3 SRUE 
15 x 2 bed (0.8 SRUE) = 12 SRUE 
50 x 3 bed (1 SRUE) = 50 SRUE 
15 x 4 bed (1.2 SRUE) = 18 SRUE 
This assessment is therefore based on 83 standard residential unit equivalents (SRUE). 
28 Developer Obligations Planning Guidance
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INFRASTRUCTURE 
Primary Education
Pupils from this development are zoned to Moray Primary School which is has a
mitigation identified as the result of new development. The development has been
factored into the School Roll Forecast 2023 (SRF) on the following assumed phasing: 30
units in 2027, 30 units in 2028, and 25 units in 2029. 
Education Services has identified that a new school will be required. The number of
pupils over 90% capacity that this development is responsible for has been identified as
11.51. 
Therefore, contributions are sought on the following basis: 
11.51 pupils x £69,204.64 = £796,545.41 
Contribution towards Primary Education = £796,545.41 
Secondary Education 
Pupils from this development are zoned to Moray Secondary School which is has a
mitigation identified as the result of new development. The development has been
factored into the School Roll Forecast 2023 (SRF) on the following assumed phasing: 30
units in 2027, 30 units in 2028, and 25 units in 2029. 
Education Services has identified that an extension towards Moray Secondary School will
be required. The number of pupils over 90% capacity that this development is
responsible for has been identified as 5.91.
Therefore, contributions are sought on the following basis: 
5.91 pupils x £88,534.43 = £523,238.48 
Contribution towards Secondary Education = £523,238.48 
Transportation
Based on the interventions identified within the Elgin Transport Strategy (ETS), the Moray
Council Transportation Service has confirmed that contributions will be sought to
mitigate the impact of the proposed development on the transport network as detailed
in Appendix 4. 
The average contribution per unit is £7,796.67and the following will be sought: 
£7,796.67x 85 units= £662,717.27 
Contribution towards Transportation = £662,717.27 
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Healthcare
Healthcare facilities include General Medical Services (GMS), community pharmacies and
dental practices. Scottish Health Planning Notes provide national guidance on standards
and specification for healthcare facilities. 
The recommended number of patients is 1500 per General Practitioner (GP). 
Healthcare infrastructure requirements have been calculated with NHS Grampian on the
basis of national standards and specifications for healthcare facilities and estimating the
likely number of new patients generated by the development. 
NHS Grampian has confirmed that the existing health centre is operating at capacity and
contributions will be required to increase capacity at the Health Centre. Therefore the
following contribution will be sought: 
Increase capacity at the Health Centre: 83 SRUE x £1,838.45 per SRUE = £152,591.35 
Contribution towards Healthcare = £152,591.35 
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Appendix 2 
Checklist for Developers and the Council in the Developer Obligations
Process
31Developer Obligations Planning Guidance
R RDevelopers will be expected to:
Check the Guidance on Developer
Obligations for potential requirements
along with any other relevant
Supplementary Guidance. 
Reflect all policy requirements set out
in the Moray Local Development Plan
and any site-specific requirements
stipulated in the LDP Settlement
Statements, Action Programme,
Masterplans and Development Briefs,
and undertake a TA/TS to an agreed
scope. 
Contact the Council as early as
possible in the development process
to ascertain the likely obligations that
will be sought and their anticipated
level. 
Factor any developer obligations or
other policy requirement/site specific
requirement into development
appraisal calculations. Reflect
developer obligations in the
development appraisal and in the
value of the land. 
Establish and agree their preferred
phasing of developer obligation
payments and delivery of developer
obligations, which will be included in a
Section 75 or other appropriate legal
agreement. 
Conclude any agreement timeously. 
The Council will:
Meet with developers early in the
development process and issue an
interim assessment setting out the
anticipated level of developer
obligations that will likely be sought. 
Prepare developer obligations
assessment at pre-application and
application stage when required. 
Negotiate and deal with the
assessment of developer obligations
and any planning obligations in a
timely manner. 
Suggest the use of particular types of
legal agreements, planning conditions,
etc., appropriate to the circumstances. 
Only use planning obligations where
they meet the tests set out in Circular
4/2025. 
Consider all relevant factors which
may impact on the financial viability of
the development scheme. 
Issue planning consent only when the
Section 75 agreement or other
appropriate legal agreement has been
signed by all parties and (if required)
the agreement has been recorded in
the Register of Sasines or registered in
Land Register of Scotland. 
Monitor contributions, seek payments
when due and notify applicants of any
change in circumstances that may
affect the concluded obligation.
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Appendix 3 
Transportation 
Information required for Transport Assessment (TA)/Transport Statement (TS) 
The onus will be on the developer to provide a TA/TS which follows the Transport
Scotland Transport Assessment Guidance 2012 and, where required use the Elgin Traffic
Model. 
Where developments are expected to create an increase in traffic, a completed
Transport Assessment Form www.moray.gov.uk/downloads/file87671.pdf must be
submitted by the developer to allow officers to consider the requirement or otherwise
for further assessment. 
Developers are urged to carry out early consultation with Transportation prior to the  
submission of development proposals.  If a Transport Statement/Transport Assessment
is required the scope should be agreed with Transport Development prior to the
submission. A TA must provide: 
An assessment of travel characteristics*;
A description of the measures which are being adopted to influence travel to/from
the site*;
A description of the transport impacts of the development in a dynamic network and
how these will be addressed e.g. proportionate contribution towards intervention
identified by the Elgin Transport Strategy. 
And, include:
Forecast of person trips generated by the development*:
Forecast of person trips generated by mode of transport*;
Appraisal of the routes from development to end destinations (schools, employment,
local services) by foot, cycle, public transport and vehicle.
* Minimum requirement for Transport Statement. 
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Elgin Traffic Model
The Elgin Traffic Model is a macrosimulation model, the extents of which cover the whole
of the Elgin road network. The model provides the facility to review the performance of
the collective traffic system to check for changes in network performance and to
determine the areas of the network where there would be an increase in traffic as a
result of a development. 
When use of the Elgin Traffic Model is required, developers and their consultants must
first agree the scope of the assessment to be undertaken with the Transport
Development Team and then complete an Elgin Traffic Model Access Form
www.moray.gov.uk/downloads/file114455.doc 
The model is operated by the Council’s transport consultant who will undertake any
necessary changes to the model and run the testing scenarios. Output from the model
runs will be provided as a report with model output data in the form of shape files (if
required).  There is a fee associated with accessing the model which will depend on
complexity of any changes required to the base model and the number of scenarios
tested through model runs. The payment of invoices will be through the Moray Council
(data will not be released until payment has been received). 
TRICS
The Vehicle Trip Generation rates used in the Elgin Traffic Model have been derived
using TRICS. TRICS is the national standard system of trip generation and analysis in the
UK and Ireland, and is used as an integral and essential part of the Transport
Assessment process. The system allows its users to establish potential levels of trip
generation for a wide range of development and location scenarios and is widely used
as part of the planning application process by both developer consultants and local
authorities. 
Table 1- Trip Generation Rates 
Residential Trip                                    Vehicle Trips Per Dwelling
Generation Rates          Arrivals                       Departures                       Total
AM Peak                           0.140                            0.390                                   0.530
PM Peak                           0.350                            0.190                                   0.540 
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34 Developer Obligations Planning Guidance
Appendix 4
©
Crown copyright [and database rights] 2026 OS AC0000806936 M
oray Council
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35Developer Obligations Planning Guidance
Table 2 – Elgin Transport Strategy Interventions 
Indicative costs for each measure have been provided by our consultant Jacobs. They
have been calculated by quantity surveyors based on available information and make an
initial allowance for utility diversions and land costs. 
Reference    Intervention                                                                                  Cost 
Central 
I1B                 New north/south rail bridge: Ashgrove/Linkwood Road to    £13,956,026                       
Masondieu Road- two way arrangement with signals
I2A                 Moss Street – convert to one-way (northbound) & widen      £906,667                       
footways/cycle lanes
I2E                 South Street – pedestrianise  between                                      £1,394,870                       
Commerce Street and Batchen Street
I3A                 New Elgin Road- improve performance/replace junctions     £3,640,613                       
North/South of railway
I4B                 New cycle/pedestrian north/south rail  bridge:                        £6,357,124                       
Ashgrove Road
I4F                  Station Road cycle lanes                                                               £111,590
M1A               Edgar Road pedestrian crossing improvements                      £90,666
M1B               Station Road/Maisondieu Road pedestrian                              £313,846                       
crossing improvements
M3B               Elgin Bus Station redesign/improve operation                         £3,487,176 
South-East 
I4H                 Linkwood Road cycle lanes                                                          £139,488
I4K                 Pinefield to East End Primary School Active Travel  Route      £295,866
M1D              Thornhill Road pedestrian crossing improvements                 £313,846 
North-West 
I3K                 North Street/Morriston Road junction improvements            £34,871
I4M                A941/Lesmurdie Road: improvements to pedestrian/            £156,922                       
cycle provision and crossing 
South-West
I3H                 Edgar Road/The Wards junction improvements                       £418,461 
Note:this list does not include interventions which would be undertaken either solely by the
public sector or interventions attached to a specific development. 
Full details of all of the interventions within the Elgin Transport Strategy can be found at:
www.moray.gov.uk/downloads/file109528.pdf
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Appendix 5 
Information Requirements for Development Viability Assessment
The Applicant (who may, or may not be the end developer) is required to submit the
following information to enable the Independent DSV and Council review of
development viability: 
Financial Viability Appraisal as a hardcopy and as a ‘live spreadsheet’ in Microsoft
Excel with working formulas; and 
Applicant Viability Data (AVD) form.
Please note that the Council will not consider the viability assessment until all the
information required is submitted and to the satisfaction of the Council. 
Applicant Viability Data (AVD) Form
1)      Initial Details
A)     Planning Application Reference Number (As listed on Council’s public records         
- e.g. Council website): -
B)     Brief description of the proposed Development/Redevelopment: -
C)     Full postal address of the subject development site: -
D)     Please provide a plan which highlights the location of the subject         
development site
E)      Please provide a site plan which highlights the boundaries to the subject         
development site
F)      Please advise what the GROSS site area is (in hectares & acres)
G)     Please advise what the NET development area is (in hectares & acres)
H)     Please detail site density (number of houses per hectare & acre on a gross         
and net area basis)
I)       Please advise of the TOTAL Gross Internal Area (Calculated in accordance         
with the RICS code of measuring practice) to the new buildings to be         
built/converted/ refurbished (in square metres & square feet)
J)       Please include a hardcopy and an electronic copy (in Microsoft Excel with         
working formulas) of a policy compliant Financial Viability Assessment         
(FVA) including Developer Obligations and Affordable Housing         
Contributions
K)     Please confirm the land sales price expected to be paid or price paid
L)      Please provide an overview of the factors which are restricting full         
delivery of the Council’s Developer Obligations and/or Affordable Housing         
Contributions 
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37Developer Obligations Planning Guidance
2) Development periods (for finance calculations) 
Description of item: 
A)    Total development period
B)   Construction period 
(Private Housing)
C)    Construction period 
(Affordable Housing)
D)   Construction period 
(Commercial  Development)
E)    Sales period (Private Housing)
F)    Sales period 
(Affordable Housing)
G)   Sales period 
(Commercial Development)
H)    Other (please specify) 
3) Gross development value (GDV) 
Distribution
pattern
(e.g. straight-line,
S-Curve, Weighted etc)
Total length
of period
(months)
Assumed
start date
A) Brief description
of item being
built (e.g. name of
house type) 
TOTAL
Gross 
Internal 
Area (GIA) of
item (sqm)
Number
of each
item
Value 
(£s) per
item
Total
value (£s)
of item
Number of
bedrooms
Type of item
being built (e.g.
private dwelling,
affordable dwelling,
office suite, etc)
Value (£s)
per item
B) Brief description of
additions to GDV
Ground Rents
Service charges
Other (please specify) 
TOTAL 
TOTAL GDV
Area of item (sqm) 
NA
NA
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38 Developer Obligations Planning Guidance
Total cost (£s): Description of cost:Rate (if applicable):
Total cost (£s): Description of cost:Rate (if applicable):
Total cost (£s): Description of cost:Rate (if applicable):
VAT
VAT
4) Development Costs
Note: Please indicate if costs are inclusive or exclusive of VAT, the rate at
which VAT is charged and whether VAT can be claimed back.
A)Development costs 
TOTAL 
B)Exceptional (Abnormal) Development costs (Where applicable) 
TOTAL 
C)Developer Obligations and Affordable Housing Contribution 
TOTAL 
TOTAL 
Development Costs
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39Developer Obligations Planning Guidance
Description of item: 
A) Professional fees 
B) Agency & Marketing
(Private Housing) 
C) Agency & Marketing
(Affordable Housing) 
D) Agency & Marketing
(Commercial Development) 
E) Legal costs associated with
disposals 
F) Finance- Debit interest 
G) Finance- Credit interest 
H) Developer’s return (profit)
for Private Housing 
I) Developer’s return (profit)
for Affordable Housing 
J) Developer’s return (profit)
for Commercial
Development 
K) Site Acquisition costs 
L) Other (please specify)
% Rate: % of: 
Base build cost 
GDV 
GDV 
GDV 
% of GDV or £s per
unit 
Borrowing 
Any development
surplus 
GDV or cost 
GDV or cost 
GDV or cost
Total cost: VAT
TOTAL Development
fees & charges 
TOTAL COSTS
Residual land value
(TOTAL GDV - TOTAL COSTS)
5) Development fees & charges:
Note: Please indicate if costs are inclusive or exclusive of VAT, the rate at which
VAT is charged and whether VAT can be claimed back.
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Guidance Notes and Checklist for Planning Applicants 
Guidance notes for completing the AVD form and details of any relevant data/
supporting documentation to be provided.   
40 Developer Obligations Planning Guidance
Item
A
I
J
Description
Planning
Application Ref.
Number 
Total Gross
Internal Area 
Policy Compliant
Financial Viability
Assessment (FVA) 
Notes 
Provide planning application details including reference
number as listed on the Council website. 
If a planning application has not been submitted or if
there are any documents not available on the website,
or if revisions have been made that are not available on
the website please provide copies (e.g. plans, design and
access statements, pre- application supporting
documents etc.). 
Measurements should be stated in accordance with the
RICS Professional Statement 'RICS Property
Measurement' (2nd Edition) and, where relevant, the
RICS Code of Measuring Practice (6th Edition). 
Measurement basis should be clearly stated and use a
traditional measurement basis (e.g. NIA or GIA). 
Provide a hardcopy and electronic copy in Microsoft
Excel with working formulas. 
RICS Professional Statement: Financial Viability in
Planning: conduct and reporting sets out what should be
included in FVAs and how they must be carried out.
Appendix C of RICS Guidance Note 94/2012 is an
indicative outline of what to include in a viability
assessment (please note RICS are currently reviewing the
2012 guidance note and both the above mentioned
documents refer to England however they are
considered relevant to the process in Scotland). RICS
guidance note, Valuation of development property, 1st
edition, October 2019 will also be a relevant document. 
The viability appraisal to include a cash flow as an Excel
document showing how values have been assessed. 
The viability assessment to factor in the Council’s stated
policy requirements in respect of Developer Obligations
and Affordable Housing Contributions.   
1) Initial Details
Check
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41Developer Obligations Planning Guidance
Item Description Notes
K
A-H 
A
Land Value 
Description of item
being built 
Include the land sales price expected to be paid. Supply
copy of an option or conditional agreement. 
Supply proof of the land deal e.g. missives and
disposition if already purchased.   
The cost of meeting Developer Obligations and any
other policy requirements must be taken into account
when purchasing land. 
Detail the development programme showing the
anticipated period involved in development including
pre-build, build period and marketing period.   
Include details for future phases, expected sales and
rental growth, expected cost inflation and credit rates. 
Include name of house types as appearing on planning
documents and as advertised. Detail number of
bedrooms. 
Show the split between private housing, affordable
housing and any commercial elements. 
Include estimates of sales values for residential
properties, including supporting market evidence to
support the estimated sales/lettings values. 
Detail the anticipated value of the affordable housing
with supporting evidence of how these have been valued
and the assumptions adopted.  Include likely levels of
rent and government grant received, details of any
‘Design & Build’ contracts entered into with Moray
Council or a RSL (Registered Social Landlord). 
For the commercial elements of the scheme (if
applicable) detail yields, including supporting evidence
and any deductions for incentives, rent free periods,
voids. 
Note the basis of measurement for each element (GIA-
Gross Internal Area, NIA-Net Internal Area, NSA-Net
Sales Area).
Check
2) Development Periods (for finance calculations)
3) Gross Development Value (GDV)
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42 Developer Obligations Planning Guidance
Item Description Notes
B
A
Additions to GDV 
Development costs 
Detail any existing income or any additional funds that
will continue to be received over the development
period. 
Provide a QS cost schedule:
full build cost estimate, not a summary
showing how the costs have been estimated and
including specifications, drawings and quotes where
available 
If a full cost schedule is not available, please provide an
explanation (e.g. ‘cost based on previous tender/
completed development’ etc) of the assumed costs for
all cost items included under sections 4A-4C (or shown
within the appropriate sections of your submitted FVA)
and reasons for providing assumed costs. 
Detail separately the costs for the private housing, the
costs for the affordable housing and the costs for
commercial (if any). 
The costs to be per square metre based on GIA.   
The development costs to include the following:
prelims
demolition costs
site preparation costs
externals
site works 
infrastructure including internal access roads,
drainage, hard and soft landscaping
substructure and superstructure
internal finishes
any other development costs 
Each item to be detailed individually.   
State whether costs are inclusive or exclusive of a
contingency and state what the contingency is (% of
build cost). 
Indicate if costs are inclusive or exclusive of VAT, the rate
at which VAT is charged and whether VAT can be claimed
back. 
Check
4) Development Costs
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43Developer Obligations Planning Guidance
Item Description Notes
B
C
A
Exceptional
(Abnormal)
development costs
(where applicable) 
Developer
Obligations and
Affordable Housing
Contribution 
Professional Fees 
Detail any exceptional or ‘abnormal’ development costs. 
Include supporting reports for site abnormals etc. and
full cost estimates and build-up of how these costs have
been assessed (state professional fees and
contingencies separately). 
The following information will be required: 
Earthworks- a copy of the cut and fill model with existing
and design levels and drawings plus any calculations by
the Engineer/QS. 
Below ground obstructions- a copy of the site
investigation report plus any calculations by the
Engineer/QS. 
Retaining walls- drawings and specs indicating founds
type, retaining wall details, sections, Rebar schedules
and wall layouts with height.  Plus any calculations by
the Engineer/QS. 
Gas Protection measures- site investigation report
confirming the presence of gas, specification and GIA of
GF slabs that are affected. 
Foundations- design details, specification, lengths and
pile cap or ring beam details of the piles required and to
which plots. 
Quotations for any of the works. 
Indicate if costs are inclusive or exclusive of VAT, the rate
at which VAT is charged and whether VAT can be claimed
back. 
Detail any estimated Developer Obligations and
Affordable Housing commuted payments (where
applicable) as determined by The Moray Council. 
Detail separately the following professional fees:  
architects
Quantity Surveyor
engineers 
planning consultant
project manager
any other professional fees. 
Check
5) Development Fees and Charges
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44 Developer Obligations Planning Guidance
Item Description Notes 
B-D 
F-G 
H-J 
K
L
Agency and
Marketing 
Finance 
Developer’s return 
Site Acquisition
costs 
Other
Provide an explanation of assumed costs included under
sections 5A- 5L (e.g. ‘cost based on previous tender/
completed development) and reasons for providing
assumed costs. 
Indicate if fees are inclusive or exclusive of VAT, the rate
at which VAT is charged and whether VAT can be claimed
back. 
This would include:
show houses
sales personnel
running costs
any other cost associated with agency and marketing 
It is assumed that projects are fully funded by borrowing. 
Detail assumed interest rates for credit and debit. 
Distinguish the level of return expected from the private
housing, affordable housing and commercial
development (if applicable).   
Detail whether the profit is a % of GDV or cost.   
Developer’s return can comprise ‘Profit’ and what is
sometimes termed ‘Overheads’. Indicate whether the
return includes Profit only or Profit and Overheads; and
provide an itemised breakdown. 
State separately any additional acquisition costs:
Land and Buildings Transaction Tax (LBTT)
VAT
surveyor’s fee
legal costs 
any other site acquisition costs 
Include any development costs or fees not captured
elsewhere (e.g. planning costs such as building warrant,
NHBB, etc) 
Include any other data or supporting documentation
you consider relevant to enable an independent review
of development viability.
Check
6) Other Information
The Applicant Viability Data form and Guidance notes have been developed by the
District Valuer Service and finalised by Moray Council to ensure a transparent and
consistent approach in dealing with viability assessments.
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45Developer Obligations Planning Guidance
Appendix 6 
Where a mitigation changes after a contribution has been agreed or received from a
developer, then the Council reserves the right to apply the contribution to the new
mitigation. Should the cost of the new mitigation be less than the cost identified for the
original mitigation then the proportional difference will be refunded to the developer. 
Education
Contributions are sought towards the zoned primary and secondary schools which serve
the development. 
Contributions will be sought for the proposed mitigation measures unless otherwise
advised by Education Resources and Communities Service at the time of application. 
Buckie High School 
Buckie High School                      Contributions towards new £84,534.43 per pupil                                                        
build secondary school 
Elgin Academy 
Seafield Primary School              Rezoning** £5,441.05 per pupil* 
Elgin High School 
Greenwards Primary School     New build primary school £66,086.44 per pupil 
Linkwood Primary School          New build primary school £66,086.44 per pupil 
Elgin High School                        Extension at secondary £57,722.77 per pupil                                                       
school 
New Elgin  Primary School         Rezoning £5,441.05 per pupil** 
Speyside High School 
Mortlach Primary School            Rezoning £5,441.05 per pupil* 
* The rate provided for reconfiguration is indicative as these may vary depending on the
nature of the project proposed. 
**The rate for rezoning is indicative as this may vary depending on the nature of the project
proposed. The cost for rezoning may include costs towards reconfiguration or other
infrastructure as part of the mitigation. 
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Transportation
Transportation requirements are set out in Appendix 4. 
Developer obligations will be sought from developments within rural and urban areas,
where no public transport connection is available and will contribute to public transport
provided by Moray Council 
Healthcare
Contributions are sought for the closest medical practice the development is zoned to or
any such facility that would serve the development.. 
While contributions may be identified for an extension to a medical facility or a new
medical facility, reconfiguration works may be carried out in the interim to alleviate
capacity constraints. 
Buckie 
Seafield and Cullen                     Contribution towards £1,052.06 per SRUE
Medical Practice                           reconfiguration at the 
medical centre 
Elgin 
Maryhill Medical Practice           Contributions towards an £1,788.27 per SRUE                                                        
extension at the medical                                                        
centre   
Linkwood Medical Practice        Contribution towards a £1,788.27 per SRUE                                                        
new build health centre 
Keith 
Keith Medical Group                   Contributions towards £1,788.27 per SRUE                                                       
a new build health centre 
Forres 
Forres Health Centre                   Contribution towards an £1,788.27 per SRUE                                                        
extension at the 
medical centre  
Lossiemouth 
Moray Coast                                 Contribution towards an £1,788.27 per SRUE
Medical Practice                          extension at the medical 
centre 
46 Developer Obligations Planning Guidance
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47Developer Obligations Planning Guidance
Milnes 
Fochabers Medical Practice       Contributions towards a £1,788.27 per SRUE                                                        
new build health centre 
Speyside 
Rinnes Medical Practice              Contribution towards an £1,788.27 per SRUE                                                        
extension at the medical 
centre 
Aberlour Health Centre              Contribution towards £1,052.06 per SRUE 
reconfiguration at the 
medical centre 
Sports and Recreation
Contributions are sought from all development which is zoned to Forres Academy. 
Forres 
Forres Academy                           Contribution towards £259.67 per SRUE                                                        
3G Pitch in Forres
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From mountain to sea
REVIEW OF MORAY
COUNCIL SCHOOL ROLL
FORECAST
METHODOLOGY
An independent review into Moray Council’s
School Roll Forecast methodology, school
capacities and developer obligations assumptions,
carried out by officers from Aberdeenshire
Council’s Learning Estates Team
Author: Rachael Goldring
Learning Estates Team Leader
APPENDIX 3
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Contents
1. Introduction ......................................................................................................................................... 2
2. Accuracy and comparison .................................................................................................................... 3
3. Review of Other Local Authority Methodology ................................................................................... 5
4. Comparison with Aberdeenshire Methodology ................................................................................... 6
Accuracy Comparison ............................................................................................................................ 6
Control Sheet ........................................................................................................................................ 7
NHS Data ............................................................................................................................................... 7
Staying on Ratios ................................................................................................................................... 8
Housing Curtailment Ratio .................................................................................................................... 9
Pupil Yield and Pupil Product Ratio ..................................................................................................... 10
Proportional Adjustment Factor ......................................................................................................... 11
Denominational Schools ..................................................................................................................... 12
Additional Support Needs Enrolment ................................................................................................. 12
5. Developer Obligations......................................................................................................................... 13
6. Dargavel Primary School ..................................................................................................................... 15
7. DPEA Planning Appeals ....................................................................................................................... 16
8. Capacity Calculations .......................................................................................................................... 17
9. Elgin High School ................................................................................................................................. 18
10. Conclusion ...................................................................................................................................... 20 
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1. Introduction 
1.1 The purpose of this report is to determine if the current methodologies and assumptions that
are used to inform the future requirements of the learning estate and associated developer
obligations are credible and robust, and if not, identify weaknesses and recommend revised
methodologies and assumptions to address these. 
1.2 Moray is located in the North East of Scotland bordering the Moray Firth coast to the north,
Highland Council to the west and Aberdeenshire to the east and south. Moray has a
population of around 95,000 people according to 2024 Mid-Year Population Estimates, the
majority of whom are dispersed amongst the main towns of Elgin, Buckie, Lossiemouth, Keith,
Forres, Fochabers and Dufftown. In addition to these well connected towns, there are a
wealth of villages of all sizes and remote settlements in the Cairngorms. 
1.3 Moray Council delivers primary and secondary education across 8 secondary schools and 45
primary schools. The primary schools form eight Associated School Groups (ASG) which then
automatically feed into the secondary schools. Each of the main towns has a secondary
school, with the exception of Elgin which has two secondaries. This is unusual in Scotland for
a town the size of Elgin unless the other secondary school(s) is denominational. The National
Records of Scotland 2023 Population Estimates show the population of Elgin as just over
25,000 people, Dumbarton is the only smaller town to have two secondary schools, but one
is denominational. Kirkintilloch is the next largest town with more than one secondary, and
again one of these is denominational. Table 1 below shows the towns and settlement groups
with similar populations and the number of secondary schools operating. 
Table 1: Comparison of number of secondary schools to population
Town
2023
Population
Number of
Secondary
Schools
Any
denominational
Schools
Saltcoats 31,800 2 Yes
Methil, Leven and Buckhaven 30,730 1 No
Kirkintilloch 29,960 3 Yes
Bathgate 29,330 1 No
Bonnybridge 25,710 1 No
Elgin 25,040 2 No
Vale of Leven 24,130 1 No
Arbroath 23,500 1 No
Dumbarton 21,030 2 Yes 
1.4 Primary Schools in Moray vary greatly in size, ranging from Glenlivet Primary with a capacity of
47 and a roll of 15 pupils, to Bishopmill Primary with a capacity of 425 and a roll of 390 pupils
during the 2024/25 session. Secondary schools are similarly varied, the smallest being Keith
Grammar School with a capacity of 553 and a roll of 372 pupils during 2024/25 and the largest
being Elgin Academy with a capacity of 1224 and a roll of 1074 pupils for the same period. 
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2. Accuracy and comparison 
2.1. In this report when comparing the accuracy of forecasts, the approach has been to compare
the forecast with the actual roll at one year intervals. For example, the accuracy for 2024
focuses on the forecasts made in 2023 for the following session versus the actual roll in 2024. 
2.2. The decision to focus on year by year accuracy is to test the methodology. Whilst it would be
possible to compare whether the predictions made five years prior were accurate, the reality
is that so many of the factors involved in forecasting are subject to outside influence and
variation. The factors being compared have not remained constant. The comparison would
only be effective if exactly the same number of houses as planned had been built each year,
and if all people buying those houses had the average number of children, and if all of those
families chose to enrol at their zoned school. 
2.3. A comparison between the forecast roll and the actual roll for the last three years was
undertaken. Whilst the data was available for a greater number of years, it is widely accepted
across Scotland that the impact of COVID in 2020 and 2021 impacted school roll forecasts.
Housing development was interrupted, families changed decisions about living arrangements
and staying on rates in secondary schools from S4 upwards were affected by the alternative
assessment arrangements following lockdown.  On this basis it was deemed appropriate to
focus on more recent data. 
2.4. Table 2 below shows the forecast and actual roll for the last three years at ASG level and for
each secondary school, with totals for all primaries and all secondaries. Accuracy levels are
generally good, and when considering the overall primary and secondary pupil numbers the
accuracy of the forecasts is improving. 
Table 2: Three Year Accuracy Comparison (Forecast vs Actual) 
2022 2023 2024 
Total
Forecast
Total
Actual
Pupils
%
Accuracy
Total
Forecast
Total
Actual
Pupils
%
Accuracy
Total
Forecast
Total
Actual
Pupils
%
Accuracy
Buckie ASG 1081 1060 0.981 1056 1023 0.969 1009 1005 0.996
Elgin Academy
ASG 1193 1113 0.933 1198 1194 0.997 1188 1216 1.024
Elgin High ASG 1090 1072 0.983 1091 1043 0.956 1074 1019 0.949
Forres ASG 1174 1112 0.947 1125 1103 0.980 1121 1077 0.961
Keith ASG 509 508 0.998 515 507 0.984 502 505 1.006
Lossiemouth ASG 874 869 0.994 848 835 0.985 838 846 1.010
Milnes ASG 530 537 1.013 528 531 1.006 524 511 0.975
Speyside ASG 460 456 0.991 442 445 1.007 448 443 0.989
Buckie High
School 815 837 1.027 828 826 0.998 839 811 0.967
Elgin Academy 1070 1028 0.961 1074 1069 0.995 1076 1074 0.998
Elgin High School 837 831 0.993 853 842 0.987 846 855 1.011
Forres Academy 860 851 0.990 865 821 0.949 864 873 1.010
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4 | P a g e
Keith Grammar
School 417 377 0.904 396 370 0.934 382 372 0.974
Lossiemouth High
School 606 617 1.018 665 658 0.989 679 656 0.966
Milnes High
School 436 445 1.021 468 477 1.019 491 469 0.955
Speyside High
School 421 402 0.955 411 395 0.961 385 378 0.982
All Moray
Primaries 6911 6727 0.973 6803 6681 0.982 6704 6622 0.988
All Moray
Secondaries 5462 5388 0.986 5560 5458 0.982 5562 5488 0.987 
2.5. Officers discussed the challenges that certain variables bring to the forecasting process that
impact particular schools. Kinloss (Forres ASG) and Lossiemouth are both home to military
bases which results in significant transience in the pupil population. Forces families are
stationed at the bases for varying timescales and can be frequently relocated. These families
would not be captured in the NHS data used for determining children under school age and
neither the Army nor the Air Force could be expected to provide supporting data regarding
postings to Moray Council for the purposes of roll projections. Therefore, officers accept that
there will be continued fluctuation in the rolls at the catchment schools that cannot be
predicted with any great accuracy. 
2.6. The other challenge that officers discussed is around forecasting the rolls at the three
denominational schools. St Peter’s Roman Catholic School in Buckie, St Sylvester’s Roman
Catholic School in Elgin and St Thomas’ Roman Catholic School in Keith provide a
denominational education to primary aged children across Moray. Enrolment is via
application, and forecasting is based upon trends from previous years and internal
knowledge. An adjustment is made to the NHS data for other schools within each ASG to
create a P1 intake each year. 
2.7. Cognisance must be given that the percentage accuracy is impacted by the sample size. In a
small school, the difference of one pupil variance will have a larger impact on the accuracy
percentage than it would on a large secondary school. This impact is different again when
considering the forecasts for an ASG as a whole, or the total primary population. 
2.8. Forecasting the number of primary pupils to within 125 pupils over the last two years across
45 schools is acceptable. In two out of the last three years, secondary school population has
been forecast to within 75 pupils, with 2023 having a variance of 102 pupils. This indicates
that at a high level, the forecasting methodology used by Moray Council is robust. 
2.9. Accuracy levels for enrolments at Forres High School, Speyside High School and Keith
Grammar School may also be impacted by pupils attending primary schools in neighbouring
authorities who then return to their catchment school for secondary education, or vice versa. 
Recommendation
1.  Greater collaboration with officers in Aberdeenshire and Highland Councils to identify
numbers of Moray based pupils attending schools in the neighbouring authorities. 
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3. Review of Other Local Authority Methodology 
3.1 The forecast methodology used by Moray Council is derived from the same original
methodology used by Grampian Regional Council. This original methodology and spreadsheet
format is also used by Aberdeenshire Council and Aberdeen City Council, although each
authority has evolved their process independently over the last two decades. During the last
ten years Argyll & Bute Council, Orkney Island Council and North Ayrshire Council have also
been trained in the Aberdeenshire Council methodology as they sought to review their
individual approaches. 
3.2 Across Scotland the methodology for preparing School Roll Forecasts is broadly similar, in
that the current school roll is used as a baseline for projections and then data regarding
housing, birth rates and placing requests is applied to project changes in pupil numbers.
Variations in methodology are seen in authorities with a significant split between
denominational and non-denominational schools; Gaelic Medium Education; high volumes
of placing requests; and those with densely urban catchment areas. 
3.3 A source of variation in many of the forecasts is the approach to applying pupil yield from
housing. Some local authorities apply council-wide ratios to all primaries and secondary
schools, whilst others have various ratios that are linked to a specific cluster of schools. Fife
Council includes the pupil yield ratio at the point of development and also applies a ratio four
years later to the P1 cohort to allow for the overall increase to the housing supply and children
that are born in the new houses. A number of authorities recognise a need to either recalculate
their ratios or review their approach to applying them but do not have the resources to
prioritise that exercise. 
3.4 There is also variation in the distribution of the pupil yield across each cohort of pupils. In
some authorities the pupil yield is evenly split across all seven primary cohorts or all six
secondary cohorts. Other authorities only apply housing yield to S1 to S4 cohorts. In some
areas the proportion per cohort is fixed across all schools and weighted towards the lower age
groups in primaries; in other areas the proportion per cohort is dependent on the school
cluster so that neighbouring school groups have different ratios. 
3.5 Another challenge faced by local authorities is the access to NHS data. Each NHS board
provides data to their Councils in different ways, depending upon the data sharing
arrangements in place. For Moray, Aberdeen City and Aberdeenshire Council the data
provided by NHS Grampian changed in 2018. Prior to this point, data regarding children living
in school catchments below school age was provided on a postcode basis with an extract
from the NHS CHI database which could be analysed at granular level. Following a ruling by
the Information Commissioner on the use of CHI data, the format changed with NHS data
analysts providing a summary of the number of children living in each catchment area by age.
For Moray Council and Aberdeenshire Council this approach has proved challenging when
preparing forecasts for sparsely populated rural catchments, as the numbers are aggregated
across a range of ages when lower than five. There are also many postcodes within both
authorities that lie across two school catchment areas. 
3.6 The range of publication also varies – Highland Council for example publish forecasts up to
15 years, West Lothian Council publish up to 10 years, whilst Aberdeenshire Council only
publish data up to 5 years. 
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3.7 Across Scotland School Roll Forecasters from all 32 Local Authorities collaborate and share
knowledge regarding their processes through an online forum. Moray Council officers have
been members of this forum since its inception and have participated in many of the
discussions and online conferences. 
4. Comparison with Aberdeenshire Methodology 
4.1 The school roll forecast methodology for Moray Council and Aberdeenshire Council are very
similar. As mentioned above, both use a spreadsheet that originated when both organisations
were part of Grampian Regional Council. The vast majority of the calculations within the
spreadsheets remain the same, although each authority has made their own improvements
over the years. Differences in approach can be seen in the following eight areas:
 Control Sheet
 NHS data distribution
 Staying on Rates
 Housing curtailment ratio
 Pupil yield distribution and Pupil Product Ratio
 Proportional adjustment factor
 Denominational Schools
 Additional Support Needs Enrolment 
4.2 Both organisations have a spreadsheet for each Associated School Group (ASG), these being
the cluster of schools that feed into each secondary school. This approach allows for a simple
transfer of P7 pupils from the primary school forecasts into the S1 cohorts of the
corresponding secondary schools each year. 
Accuracy Comparison
4.3 The forecasts for the last three years from Moray Council and Aberdeenshire Council have
been compared. Table 3 details the forecast total number of primary and secondary pupils for
each year compared to the actual number of pupils. 
Table 3: Comparison of Accuracy in Moray & Aberdeenshire School Roll Forecasts  
2022 2023 2024  
Total
Forecast
Actual
Pupils
%
Accuracy
Total
Forecast
Actual
Pupils
%
Accuracy
Total
Forecast
Actual
Pupils
%
Accuracy
All Moray
Primaries 6911 6727 0.973 6803 6681 0.982 6704 6622 0.988
All Moray
Secondaries 5462 5388 0.986 5560 5458 0.982 5562 5488 0.987
Aberdeenshire
Primaries 20991 20865 0.994 20890 20525 0.983 20092 20125 1.002
Aberdeenshire
Secondaries 15654 15869 1.014 15820 15852 1.002 16462 15892 0.965 
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4.4 Due to the significant difference in the number of pupils in each authority, it is difficult to
directly compare them in terms of accuracy. Aberdeenshire has around three times the
number of pupils as Moray; Aberdeenshire has over 3000 more secondary pupils than Moray
has primary and secondary pupils combined. The geography of the two council areas also has
an impact on forecasting.  The proximity of Aberdeenshire schools to the Aberdeen City border
and the relatively good transport connections, result in a large volume of placing requests. 
The differences notwithstanding, both authorities have relatively accurate forecasts. 
Control Sheet
4.5 Moray Council uses a control sheet for each ASG which contains staying on rates, pupil yield
ratios, birth rate factors and totals for each cohort of pupils across all schools. Aberdeenshire
Council has a similar sheet but only uses it for totals of each cohort. Having a central point for
the various ratios is helpful as it reduces the risk of errors that could occur from updating the
information on each school sheet. This is a feature of the forecasts that Aberdeenshire
Council may benefit from considering in their approach. 
NHS Data 
4.6  Both Moray Council and Aberdeenshire Council receive data regarding pre-school aged
children in the same format from NHS Grampian. Each authority provides NHS Grampian with
a list of postcodes for each catchment area and in return receives the total number of children
living within that catchment area with dates of birth across five specific date ranges. This
approach works well with larger schools that have a consistent turnover of new families but
is more challenging for small rural schools. To prevent data protection breaches, where there
are fewer than five children of a particular age bracket living within catchment, NHS Grampian
aggregate the data across two or more age brackets until a total of five children appears. 
4.7 The two anonymised extracts in Table 4 below show the data that is received for a large school
and a small rural school. 
Table 4: NHS Data Example 
4.8 Moray Council apply the aggregated data to their forecasts in a different way to Aberdeenshire
Council. 
4.9 In the example above Moray Council would divide the aggregated number by the number of
years that it covers, so would input 3 x 0-1 year olds, 3 x 1-2 year olds and 3 x 2-3 year olds, 4
x 3-4 year olds and 4 x 4-5 year olds. Aberdeenshire Council assess the possible combinations
of numbers and considering the return from previous years try to select the most likely
distribution. The Aberdeenshire approach is more time consuming than the Moray approach
School Age Group Total
Large School 0 to 1 25 
1 to 2 32 
2 to 3 25 
3 to 4 29 
4 to 5 30
Small Rural School 0 to 3 9 
3 to 5 8
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and Moray would need to consider whether the impact on workload would be appropriate to
achieve what may yield limited improvement in terms of accuracy.   
Staying on Ratios 
4.10 The current methodology for predicting the staying on rate of pupils in S5 and S6 is to apply a
reduction to the cohort based upon a three year mean average. This ratio is calculated using
the actual number of pupils in the cohort when they were in S3 and the subsequent reduction
once they reach S5 and S6. Each secondary school has two ratios one for S5 and one for S6,
and these are recalculated annually. This method is also used by Fife Council. 
4.11 One of the potential disadvantages of the current methodology is that because the formula
takes a cohort from two and three years prior, the changes that may have occurred in the last
year from housing, placing requests or simply migration are not incorporated in the
calculation.  At present the impact of housing or placing requests are not factored into S5 and
S6 predictions. 
4.12 Assessing the accuracy of the most recent five years, there were only 6 correct projections of
the actual number of pupils in the cohort out of a possible 80 instances. Furthermore, there
were only 29 of the 80 predictions that were accurate to within 3 pupils. This is a 36% accuracy
level to within 3 pupils. Table 5 compares the forecast and actual number of pupils in S5 and
S6 for the last five years and provides the number of pupils variance in each instance. 
Table 5: Accuracy of S5 and S6 forecasts in Moray Secondary Schools 
2020 2021 2022 2023 2024 
SRF Roll Range SRF Roll Range SRF Roll Range SRF Roll Range SRF Roll Range
Buckie High S5 127 130 3 102 121 19 117 128 11 141 138 -3 164 138 -26
Buckie High S6 59 61 2 29 86 57 66 87 21 72 88 16 98 96 -2
Elgin Academy
S5 150 149 -1 169 150 -19 151 146 -5 171 165 -6 150 150 0
Elgin Academy
S6 117 121 4 108 105 -3 117 97 -20 103 112 9 121 115 -6
Elgin High S5 97 98 1 106 108 2 98 107 9 140 149 9 133 139 6
Elgin High S6 45 54 9 57 60 3 66 64 -2 62 49 -13 78 88 10
Forres High S5 116 101 -15 128 136 8 112 111 -1 127 130 3 137 130 -7
Forres High S6 69 77 8 69 69 0 79 80 1 71 61 -10 75 61 -14
Keith Grammar
S5 53 66 13 61 55 -6 58 47 -11 71 62 -9 53 53 0
Keith Grammar
S6 32 42 10 33 39 6 34 22 -12 30 23 -7 37 36 -1
Lossiemouth
High S5 73 78 5 57 68 11 85 79 -6 87 92 5 95 80 -15
Lossiemouth
High S6 43 36 -7 43 44 1 32 43 11 47 46 -1 51 53 2
Milnes High S5 63 75 12 54 54 0 70 67 -3 76 75 -1 68 67 -1
Milnes High S6 37 37 0 56 56 0 40 41 1 49 44 -5 51 28 -23
Speyside High
S5 55 67 12 65 66 1 61 53 -8 56 67 11 62 60 -2
Speyside High
S6 28 32 4 35 45 10 45 40 -5 40 22 -18 30 43 13
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4.13 A number of other local authorities use a different calculation for determining staying on ratios
(SOR). More commonly the average change between S4 and S5 is used for the S5 ratio, and
the average change between the S5 and S6 cohort is used for the S6 ratio. An assessment was
undertaken into whether calculating the SOR using this approach would have greater
accuracy than the current methodology deployed by Moray Council. 
4.14 Across the 80 instances, increased accuracy was seen for 36 predictions, and in 15 there was
negligible difference. In these 15, whilst the formula returned a different result at decimal
level, both methods returned the same rounded number. There were also 29 instances where
the accuracy decreased. By changing the approach in 63% of cases over the last five years,
the accuracy either improved or remained the same. 
4.15 It was noted that in some instances the SOR calculation was adjusted to either an extended
or reduced period of time to find an average. This appears to be in order to mitigate against
some particularly high or low outliers that would affect the mean. This adjustment was then
replicated using the alternative methodology, but whilst the new results were then closer to
those in the Moray forecasts, the new results did not have a consistency in terms of accuracy.   
4.16 In many instances both the original forecast and the amended methodology were significantly
different from the reality. The accuracy of forecasting staying on rates is always variable. This
element more than any other in the school roll forecasting process is the most influenced by
intangible unrelated factors. Once pupils reach school leaving age then whether they remain
enrolled at school will depend on a range of personal circumstances and socio-economic
factors including but not limited to whether they intend to remain in higher or further
education or seek employment; availability of subjects; exam results and the corresponding
decisions of friends. 
4.17 On that basis most authorities treat this element of the forecasts as an indicator of what the
school roll is likely to decrease to rather than a finite projection. It is a high level indicator
rather than a de-facto prediction. 
Recommendation
2. Consider changing the SOR calculation to use the S4 and S5 cohorts for S5 and S6
respectively 
3. Consider further adapting the forecasts to include other influencing factors such as housing. 
Housing Curtailment Ratio 
4.18 Moray Council applies a factor to some ASGs with volume housebuilding to reduce the
number of units in future years. The purpose of this is to balance the strategic optimism of
construction industry reporting with a more realistic delivery schedule. Aberdeenshire
Council does not apply any reduction to the build out rates provided in the housing land audit
when preparing forecasts, however it is recognised that officers within planning and delivery
teams have adjusted the figures provided by developers when they are considered to be
unrealistic. 
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4.19 The ratio is applied to the two Elgin ASGs, Buckie ASG and Forres ASG. It is not applied to
Keith, Speyside, Lossiemouth or Milnes ASG. Further the ratio is only applied to sites where
more than 10 units per year are projected. This is important as within those ASGs there are
some small schools for which a reduction ratio could impact the viability of those schools in
the forecasts.   
4.20 The rate varies depending how far into the future the predicted build out rate is for. No ratio is
applied to the current year, a 10% reduction is applied for the next two years, rising to 25% in
years three and four, and subsequently applied at a rate of 30% for any build out rates that
are five years or more hence. 
4.21 The ratio is important in areas where the utilisation of schools is high and there is a risk of roll
exceeding capacity. Using what may be overly optimistic build out rates could either result in
developers being charged developer obligations that are not required and also may result in
unnecessary capital expenditure to provide additional capacity. This approach is therefore
measured and appropriate for areas historically house building as not been as prevalent as
initially intended. 
4.22 However, at the other end of the spectrum where small schools are at risk of
closure/mothballing due to population decline, the removal or constraint of planned housing
could give a false impression of poor viability. Therefore, it is important that the ratio is not
applied to smaller developments or those with lower build out rates. 
4.23 Given the requirement in the Act to consider alternatives to closure and the impact on the
community, broadening the application of this ratio could have adverse impacts on any future
consultation and give rise to opportunity for challenge from communities. 
Recommendation 
4. Moray Council should explicitly state within the School Roll Forecast methodology and
Developer Obligations Supplementary Guidance that this is only applied where more than 10
units per year are planned, to ensure viability of rural communities. 
Pupil Yield and Pupil Product Ratio
4.24 In Moray, the distribution of pupils from new housing into each cohort varies by ASG. It is
calculated annually based upon the distribution of pupil population in each ASG. On this basis
if an ASG has a larger number of pupils in P5, then more pupils from housing will also be
allocated to P5. The total number of pupils expected from the housing built in catchment that
year is multiplied by the Pupil Product Ratio (PPR) and then multiplied again by the cohort
distribution ratio. 
4.25 The Aberdeenshire approach is to have a static distribution that is applied to all primary
schools across the authority. This is weighted more towards the lower stages of the school,
as whilst the new build houses may be purchased by families with children of all ages, those
with older primary aged children tend to keep them at their current schools than move them
for one or two years. 
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4.26 In secondary school forecasts Aberdeenshire again has a static distribution of 0.25 for each
year from S1 to S4. Moray calculates the distribution annually relative to the cohort size for S1
to S4. 
4.27 Table 6 provides examples of the Moray distribution and the Aberdeenshire distribution.   
Table 6: Cohort Distribution Ratio in Primary School Forecasts
Cohort Ratio Applied in
Buckie ASG 2024
Ratio Applied in Elgin
Academy ASG 2024
Ratio Applied in all
Aberdeenshire Primary Schools
P1 0.14 0.12 0.17
P2 0.11 0.13 0.16
P3 0.14 0.14 0.16
P4 0.14 0.14 0.14
P5 0.16 0.14 0.13
P6 0.16 0.16 0.12
P7 0.15 0.16 0.12 
4.28 Whilst there is variation in the ratio applied by the two authorities, and indeed across ASGs in
Moray, the direct impact of this on the forecast is limited. For a development of 30 houses, an
additional 9 primary aged pupils would be expected. In the Buckie example above that would
equate to 0.99 pupils in P2 and 1.44 pupils in P6. However, due to rounding, this would be one
pupil in both cohorts. 
4.29 In terms of the Pupil Product Ratio (PPR) that is applied to housing developments, Moray
Council uses a static ratio of 0.3 for all primary schools and 0.15 for all secondary schools.
Aberdeenshire Council has a range of ratios that are applied to individual schools depending
on their location and rurality. Aberdeenshire Council recently audited the Pupil Product Ratio
and made adjustments accordingly which feature in the latest school roll forecasts. 
4.30 This audit involved identifying the postcodes which had new housing over the last five years,
the number of houses built per year, and an analysis of how many additional children joined
each cohort during the course of that session and in the subsequent session. 
4.31 Whilst officers in Moray have not carried out a review of the PPR to the same extent as
Aberdeenshire, this has been reviewed in recent years and officers are confident that their
ratio is appropriate. 
Recommendation 
5. Moray Council may wish to carry out a more detailed review of PPR when resources allow. 
Proportional Adjustment Factor
4.32 The proportional adjustment factor is a calculation that Aberdeenshire Council applies to
primary and secondary school forecasts. This is designed to align the forecasts with the
national population projections and to account for pupils who do not attend the mainstream
schools within the authority for a variety of reasons. This could be that they attend a private or
independent school, attend a special needs provision, attend a school in a neighbouring
authority or are homeschooled. The calculation also factors in pupils from other authorities
attending Aberdeenshire primary and secondary schools. 
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4.33 In recent years in Aberdeenshire the national population estimates have been significantly
different from the actual number of pupils enrolled in the previous year and in the unadjusted
forecasts. This is due to the last published dataset being pre-Brexit, pre-Covid and also dating
before the economic downturn in the oil industry and the fishing industry. Therefore, officers
have calculated the accuracy of the previous year’s forecast and have applied that as an
Accuracy Adjustment Factor until more up to date national data is available. 
4.34 Moray Council has the proportional adjustment factor as an element of the formula for each
year group; however, the factor is always set at a value of 1 so does not impact on the forecast
in any way. 
Recommendation
6. As Moray Council is effectively not using this element of the forecasts they may wish to
remove it from the formula. Alternatively, they may wish to consider using an Accuracy
Adjustment Factor to moderate the forecasts. 
Denominational Schools
4.35 Aberdeenshire Council does not have any denominational schools within its boundaries,
therefore, there is no provision within the Aberdeenshire methodology for calculating this
factor of school roll forecasts. The methodology for Moray involves applying trends and
averages to the NHS data in order to determine what the likely P1 intake will be each year. This
is then deducted from the NHS data for other neighbouring schools accordingly. Whilst
officers have advised that this is one of the most challenging aspects of school roll
projections, the methodology is appropriate. The accuracy levels are good with P1 cohorts
generally being within 3 or 4 pupils of forecast. 
Additional Support Needs Enrolment
4.36 Within Moray each ASG has a base school that is designated for pupils with additional support
needs. Parents submit a placing request to attend and within the placing request policy,
pupils with ASN have priority 1 so the vast majority will be accepted.  In Aberdeenshire all
schools are expected to provide the same level of support in P1 and P2 so pupils would attend
their mainstream zoned school. From P3 onwards those identified as requiring an Enhanced
Provision place would be referred to the Local ASN forum who determine the applications.
The small number who require a place at a Complex Needs Provision from P1 would be
identified through a multi-agency approach and Child Planning Meeting. These pupils are
accounted for through the proportional adjustment factor in Aberdeenshire forecasts. 
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5. Developer Obligations 
5.1 Moray Council adopted the latest Local Development Plan in July 2020, and this will remain
in place until the Council adopts the next Local Development Plan (LDP) in 2027. The Plan is
supported by a suite of policies and documents, one of which is the Supplementary Guidance
for Developer Obligations. The 2020 iteration of this document is the current applicable
guidance which sets out, amongst other things, when contributions will be required for
Education provision and the rates that will apply. Other contributions are collected for
transport, healthcare, open space, sports and recreational facilities and for access
improvements. 
5.2 Scottish Government Circular 3/2012: Planning Obligations and Good Neighbour Agreements
sets out five tests which need to be applied when seeking developer obligations through a
Section 75 agreement.  These are: 
 Necessary to make the proposed development acceptable in planning terms
 Serve a planning purpose and, where it is possible to identify infrastructure provision
requirements in advance, should relate to development plans
 Relate to the proposed development either as a direct consequence of the development or
arising from the cumulative impact of development in the area
 Fairly and reasonably relate in scale and kind to the proposed development; and,
 Be reasonable in all other respects. 
5.3 As part of the preparation of the next LDP, Moray Council have prepared and consulted on a
Draft Supplementary Guidance for Developer Obligations in 2024. Moray Council intend to
adopt this guidance in December 2025, this guidance will be expected to replace the current
2020 guidance when the Plan is adopted in 2027. 
5.4 In the current supplementary guidance developer contributions are triggered for Education
when the anticipated completion of the development and all other approved sites within the
catchment area result in the primary school operating above 80% of its planning capacity, or
the secondary school operating above 90% of its planning capacity. 
5.5 The draft supplementary guidance amends this threshold to the school operating at or above
90% of its planning capacity for both primary and secondary schools. The change to the
developer contribution threshold for school occupancy seems sensible and appropriate. At
80% occupancy in a large school such as Seafield Primary School with a planning capacity of
474 pupils, there would still be around 95 spaces available. As this is applied in the context of
utilisation on completion of the development, this element of the 2020 Supplementary
Guidance may result in the authority securing fewer contributions as it would be harder to
meet all five of the tests set out Scottish Government Circular 3/2012. At 90% occupancy the
necessary mitigations can be put in place to counteract the impact of development. If Moray
Council chose to wait until 100% capacity before triggering contributions, then the school has
already reached capacity and pupils from the development cannot be accommodated. 
5.6 The draft guidance introduces a more nuanced approach to calculating the contributions.
Going forward calculations will be based on the average number of pupils that the school is
over capacity for the next five years, this is a change to the blanket approach that was
previously used. Furthermore, the new guidance explicitly confirms the existing practice that
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one bedroom units will be exempt from Education contributions, this had previously been
mentioned in the appendices as an example assessment report. 
5.7 Both versions of the guidance use a Pupil Product Ratio (PPR) of 0.3 for primary schools and
0.15 for secondary schools. As discussed in Section 4.31, Moray Council are satisfied that
this is an appropriate ratio that has been appraised by officers. 
5.8 The two versions of the document also include the following statement: 
For primary schools, contributions will be used to create capacity for the relevant catchment
area.  As set out in the Education (Scotland) Act 1980 the Scottish Government require Local
Authorities to allow out of zone placements and as such, capacity may be created at an
alternative local school to reduce demand in the relevant catchment.   
5.9 This statement is useful as it allows the Authority some flexibility in managing the increase in
pupils generated from the development. This is particularly relevant in Elgin where there are
nine primary schools across two secondary school ASGs. Not all of these schools will be
capable of meaningful extension, and this clause gives Moray Council the ability to propose
alternatives to what may otherwise result in a new primary school being required. 
5.10 Aberdeenshire Council’s Supplementary Guidance uses a 100% occupancy threshold for
both primary and secondary schools. Whilst this leaves no doubt that the cumulative impact
of a given development will result in a school exceeding capacity, the timescales involved in
delivering capital projects can result in schools reaching capacity but the necessary solution
remaining in the future. Further by using 100% occupancy, a development could in theory
bring a school up to 99.3% occupancy with space for a very small number of additional pupils,
but the developer would not be required to fund any mitigations. 
5.11 Across Scotland the threshold for requiring developer obligations varies. Whilst some other
authorities also use the 80% initiation point as per Moray’s current guidance, the majority of
authorities across Scotland are using a threshold of between 90% and 100%.  Therefore, the
proposed changes by Moray Council will bring them in line with the majority of other
authorities in Scotland. 
5.12 As also discussed above in Section 4.29, Aberdeenshire applies the relevant PPR for that
school, unlike Moray Council who have a set ratio for all schools. Aberdeenshire Council
recently audited the Pupil Product Ratio and made adjustments accordingly which feature in
the latest school roll forecasts. 
Recommendation
7. For large scale development introduction of review clauses that at set periods to allow
renegotiation of terms. This may be in the favour of either the Council or the Developer but is
a way to mitigate against changing realities. 
8. Moray Council proceed with the adoption of a higher threshold of 90% for education
contributions as per the Draft 2024 Supplementary Guidance. 
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6. Dargavel Primary School 
6.1 In 2022 Dargavel Primary School opened in Bishopton, Renfrewshire as a direct result of new
housing development and the relevant Section 75 agreement. The school was originally
planned with a capacity of 340 pupils against a development of 2500 houses and following an
increase of the development to over 4000 units, the capacity of the planned school increased
to 430 pupils. Enrolments at the new school were significantly higher than expected and
following further revisions to the school roll forecasts it was estimated that a capacity of 1100
pupils may be required. 
6.2 The decision of Renfrewshire Council to build the school with a capacity of 430 pupils has
resulted in investigations and reports into how this could happen. 
6.3 The lessons to be learned from the subsequent Bowles Report and Audit Scotland reports are
not to build bigger than needed or to over-estimate demand, but instead to monitor the data
and adjust plans accordingly. The biggest failing with regards to Dargavel was that the Council
waited too long to consider that their plans for the new school might be insufficient, despite
the empirical evidence pointing to that fact. There was a disconnect between those providing
the data about school rolls and projections, and those involved in planning the school.
Criticism was also levelled at the lack of foresight with regard to Developer Obligations and
the Section 75 agreements. The wording of the agreement curtailed any funding for secondary
school capacity increase at 200 pupils. 
6.4 Moray Council are already heeding the lessons learned by reviewing the forecasts and
reassessing whether the planned projects are appropriate. 
6.5 In terms of developer obligations, the recommendation laid out above with regards to review
clauses should mitigate the inability to predict more than a decade into the future with any
great accuracy. 
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7. DPEA Planning Appeals 
7.1 There have been 39 cases referred to the Scottish Government’s Planning and Environmental
Appeals Division between January 2022 and December 2024 specifically relating to developer
obligations. Of these, 11 cases relate specifically to challenges by developers regarding
education contributions. Whilst the details of the individual cases vary, the success of the
Council in defending them is clearly linked to the robustness of their roll projections, learning
estate strategy and co-ordinated approach to planning and infrastructure. In cases where
limited review of forecasts or pupil yield have taken place, or where the forecast has proved
largely inaccurate; these have resulted in developers winning the appeal. Conversely where
the strategies and data align and are supported by regular reviews that demonstrate the need
for mitigations, the councils have been successful in getting the appeals dismissed. 
7.2 The reporter in case POA 230-2017 (City of Edinburgh) makes “the following general
observations on the appropriate approach to formulating policy for requiring contributions
and making an assessment of what infrastructure is needed and how the costs of it can be
fairly distributed…” 
“The calculations are inevitably made at the outset and before the houses on the …site are
built and occupied ... They are forward looking and must be based (and can only be based) on
future facing methodologies, assessments and assumptions…But where the payments are
intended to be used and invested for future education services, certainty of future planning of
services for the providers of such services is important;” 
“The inevitably wide range of future uncertainties in the provision of education services makes
any kind of detailed precision of contributions (and contribution calculation) difficult if not
impossible to achieve… The detail of infrastructure solutions to such uncertainties
inescapably is likely to evolve over time…” 
“The complications in relation to anticipating future demand for schools and school places
abound. These include factors such as the reputation of individual schools; how modern and
up to date the buildings and facilities at schools are; the ability to apply to schools… on a
placing request; the general complicating factor of the impacts from and of the non-State
sector; specifically current uncertainties as to the impacts on that sector of changes to VAT
on school fees…; variable factors over time such as birth rate changes or changing migration
rates;… and decisions made on education grounds about maximum class size utilisation…” 
“These factors will often have knock-on effects. More widely… modelling human behaviour is
complex (which is another way of describing unknown unknowns). Unpredicted events can
intervene in the best planning models… School roll projections are informed by annual
updating. It follows from that, when assessed over an extensive time frame, that it is not an
essential prerequisite for necessary mitigations (if identified as necessary) to have been fully
identified and planned for, as at the date that the obligation is imposed... Equally the inability
in advance to identify specifically the year in which mitigations are to be needed is not fatal to
the approach of the Council.” 
7.3 Moray Council’s approach to the Learning Estate comprising a breadth of data and analysis,
along with the revised threshold for collecting developer obligations, should set the authority
in good stead for any future appeals. 
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8. Capacity Calculations 
8.1 Primary School capacities are calculated following the 2014 guidance set out by Scottish
Government. The authority has a clear methodology that is applied to each school primary
school and this is reassessed annually. A document is prepared for each primary school
which details the size of spaces available for teaching and general purpose classes, the
capacity of each room is determined by dividing the size by 1.7sqm space allocation standard. 
The capacity of each room is totalled, giving the planning capacity for the school. Each head
teacher completes the document with the planned class configurations, and this utilisation
is converted into the working capacity. There is strong governance in place through annual
committee reports which confirm the working capacity for the year ahead. The planning
capacity is used for longer term strategic planning and decision making, as per the national
guidance, whilst the working capacity considers the year on year functional capacity of the
school given the size of the individual year groups and the ability to configure those into
classes whilst complying with the class size maxima. 
8.2 Secondary School capacity does not have a nationally agreed methodology; however, Moray
Council officers have been involved in a working group which has been set up by ADES to
develop this methodology. 
8.3 Whilst primary school capacity methodology is relatively straightforward as each classroom
tends to be allocated to one group of pupils who are based in that room for the academic year;
secondary capacity is determined by the number of periods a room needs to be allocated for
a particular subject across the week and the ability to effectively timetable that space. 
8.4 Subjects are categorised as practical and non-practical and have corresponding class size
maxima. Pupils in each cohort are organised into sets, and the size of the cohort will
determine the number of practical and non-practical sets. Practical subjects such as science
and art are capped at 20 pupils per set and by their nature need to be taught in specific
classrooms with the appropriate equipment. Non Practical subjects such as maths and
history are capped at 30 pupils and whilst most schools are organised into faculties with
dedicated classrooms per subject, these subjects can be taught in any appropriately sized
non practical classroom. It is broadly agreed across Scotland that a room utilisation of
between 70% and 85% is desirable, with further adjustments to occupancy made for subject
choices, timetabling and curriculum delivery models. This approach allows for flexibility and
supports in year movement of pupil numbers. 
8.5 It is recognised that there has been an increase in pupils needing additional support in recent
years, and a greater focus is given to ensuring that spaces within schools are appropriate to
their needs. This often results in spare classrooms and general purpose spaces being adapted
to provide specific spaces that can support physical therapy or support neurodiversity and
help pupils to regulate. It is important therefore that capacity calculations take this into
account and that roll increases do not impact negatively on pupils with additional support
needs. A review is planned by both Aberdeenshire Council and Moray Council that will
consider the impact of ASN spaces on overall capacity figures and baseline accommodation
requirements.   
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9. Elgin High School 
9.1 One of the purposes of this report was to independently assess Moray Council’s School Roll
Forecast methodology and assumptions in light of a previous decision to extend Elgin High
School. In the interim period between that decision being made and the current time, the roll
projections for Elgin High School have reduced, and officers have questioned whether the
extension should proceed. 
9.2 Tables 7 and 8 show the one year accuracy levels of the School Roll Forecast for Elgin High
School since 2019, and the accuracy of the 2019 forecast for each of the subsequent years
respectively. 
9.3 The additional 30 housing units built during 2020 and a much higher staying on rate in S5 and
S6 than expected result in the forecast being under by 30 pupils in year one. This is
compounded by the increased staying on rates in 2021 and 2022, and it is only when the
housing development is lower than the 2019 forecast from 2022 onwards, that the roll and the
forecast begin to realign. 
Table 7: Year on Year Accuracy Elgin High School SRF 
Table 8: 2019 Elgin High School SRF Comparison 
9.3 Scotland’s Learning Estate Strategy ‘Connecting People, Places and Learning’ emphasises
the importance of maximising occupancy within the current estate. Ensuring that buildings
are used efficiently and that space is not underutilised is especially important in areas with
fluctuating demographics or rural catchment areas. Longer term sustainability is also
important, and councils need to be aware of the environmental impact of capital works and
of the embodied carbon within their existing estate. 
9.4 Moray Council have commissioned an independent review of the capacity and utilisation of
Elgin High School. The subsequent report from Building Spatial Intelligence will provide the
Council with further evidence as to how to proceed. 
2020 2021 2022 2023 2024 
2019
SRF Roll
%
Acc.
2020
SRF Roll
%
Acc.
2021
SRF Roll % Acc.
2022
SRF Roll % Acc.
2023
SRF Roll
%
Acc.
Elgin High 723 753 1.041 783 796 1.013 837 831 0.992 853 842 0.987 846 855 1.011 
2020 2021 2022 2023 2024 
2019
SRF Actual Diff
2019
SRF Actual Diff
2019
SRF Actual Diff
2019
SRF Actual Diff
2019
SRF Actual Diff
Pupils 723 753 +30 756 796 +40 795 831 +36 817 842 +25 833 855 +26
Housing 75 105 +30 75 73 -2 95 59 -36 100 81 -19 111 84 -27
Placing
Requests 0 5 +5 0 0 0 0 0 0 0 0 0 0 -5
-5 
S5 & S6
Combined 142 152 +10 162 168 +6 156 171 +15 192 198 +6 190 227 +37
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9.5 The latest school roll forecasts do not support the requirement to extend Elgin High School.
There is a national reduction in primary aged population, which in time will filter into
secondary school rolls. 
Recommendation 
9. Once the methodology is confirmed from the working group into secondary school capacity,
Moray Council may wish to apply this methodology to Elgin High School to further inform and
ratify future decisions. 
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20 | P a g e
10. Conclusion 
10.1 There is no proscribed approach for calculating school roll forecasts. The methodology used
by most Councils is broadly similar, albeit with variations suited to the demographic
landscape of each authority. Moray Council can be confident that their approach mirrors that
of most if not all other Scottish Local Authorities to a large extent. 
10.2 In directly comparing the methodology used by Moray Council and Aberdeenshire Council the
similarities are greater than the differences. Both authorities apply a consistent baseline
approach using current school rolls, housing data, birth rates, and placing requests, and both
have adapted their processes in response to changes in data availability and local context.
While minor differences exist—particularly in the handling of NHS data and the length of
forecast publication—these do not significantly impact the robustness or reliability of the
forecasts. 
10.3 Moray Council’s continued engagement with the national forecasting forum further reinforces
the credibility of its methodology and ensures alignment with evolving best practices across
Scotland. 
10.4 The accuracy of forecasts beyond a single year is particularly important for forward planning,
especially in areas experiencing fluctuating housing development or demographic change.
Multi-year projections support more strategic decision-making and help ensure that
education infrastructure keeps pace with community needs. Whilst the focus of this report
has been on the direct comparison of forecasts one year at a time, the longer term accuracy
is also key. The ability to prepare accurate forecasts in the short term, gives confidence that
longer term forecasts will also be relatively accurate if all conditions remain the same. The
challenge for local authorities in their longer term forecasting relates to the variables outwith
their control. 
10.5 Furthermore, triangulating school roll forecasts with decisions on placing requests, planning
application responses and capital investment decisions is essential. This integrated approach
ensures that forecasts are not only technically sound but also practically aligned with
development trends and funding priorities, thereby strengthening the Council’s ability to
deliver timely and effective education provision. 
10.6 The decision making or even the recommendation regarding whether to proceed with the Elgin
High School extension, or to postpone it, or consider alternatives is not within the scope of
this review. However, officers can be confident that the data which contributes to that
decision is robust and the methodology is appropriate and relevant. 
Report Prepared by Rachael Goldring - Learning Estates Team Leader, Aberdeenshire Council
September 2025  
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APPENDIX 4 
Table 1.  Developer obligations upfront payments by contribution type received in the last financial year
Financial
Year
Consultations
Received
Upfront
Payments
Received
Affordable
Housing
Healthcare
Education
Sports and
Recreation
(Forres)
Transportation
Total
Received
2024/2025
137
24
£65,950.00
£111,129.60
£0.00
£1,299.20
£7,189.24
£185,568.04 
Table 2.  Developer obligations payments received by contribution type from
Section 75s for previously approved developments in the last financial
year.
Financial Year
Affordable
Housing
Healthcare
Education
Sports and
Recreation
(Forres)
Transportation
Total
Received
2024/2025
£28,000.00
£356,206.79
£156,481.16
£0.00
£17,014.14
£557,702.09 
Table 3.  Developer obligations payments by contribution type secured via Section 75s in the last financial year.  These secured amounts will be
received by the Council in the coming years as the triggers are reached.
Financial
Year
Consultations
Received
Section 75
Agreed
Affordable
Housing
Healthcare
Education
Sports and
Recreation
(Forres)
Transportation
Total
Secured
2024/2025
137
5
£65,125.00
£9,138.00 
£0.00
£0.00
£0.00
£74,263.00  
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Table 4. Developer Obligations spend by contribution type in the last financial year.
Financial Year
Contribution Type
Project
Total Spent
2024/2025
Affordable Housing
Affordable Housing Provision
£23,875.00
Community Facilities
Various Projects for
community groups
£497.88
Library
Seating Provision
£18,917.98 
Table 5. Developer Obligations received since the adoption of Developer Obligations Supplementary Guidance in October 2016 
Via S75
Via S69
Via Simplified
Agreement
Via Upfront Payment
Contributions
Received 
£3,398,158.24
£119,856.25
£17,815.33
£1,757,863.88 
Table 6. Developer Obligations Spent since the adoption of Developer Obligations Supplementary Guidance in October 2016
Contributions Spent
£2,578,017.95 
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Report to: Planning and Regulatory
Services Committee
Meeting
Date:
5 March 2026  
Report by: Executive Director Economy, Enterprise and Operations      
Author: Darren Westmacott Contact
Email:
Darren.Westmacott@moray.gov.uk 
Subject: Draft Hillside Farm (Dufftown) Masterplan 
1.  PURPOSE 
☒ For Decision      ☐  For Information 
1.1  The purpose of this report is to ask the Committee to agree the draft Hillside Farm
(Dufftown) Masterplan for public consultation.  
1.2  This report is submitted to Committee in terms of Section III (E)(2) of the Council’s
Scheme of Administration relating to the review and preparation of Local Development
Plans.  
2.  SUMMARY  
2.1  The draft Hillside Farm (Dufftown) Masterplan is the first phase in a partnership approach
to deliver affordable housing on the R1 Hillside Farm development site in Dufftown. The
draft masterplan will be subject to public consultation, including a drop-in event and using
virtual methods and responses will be reported to a future meeting of this Committee for
consideration along with the final masterplan for approval.  
3.  RECOMMENDATIONS  
3.1  It is recommended that Committee:   
i)  agree the draft Hillside Farm (Dufftown) Masterplan, as set out in Appendix 1,
for public consultation for an 8-week period; and   
ii)  notes that comments received to the consultation, the Council’s response to
these and the final masterplan will be reported back to a future meeting of
this Committee for approval.   
Darren Westmacott
Planning Officer (Strategic Planning and Development) 
Rachael Watts
Item 10.
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Senior Project Manager (Housing Mix Delivery) 
4.  BACKGROUND AND CONTEXT  
4.1  In 2021, Dufftown and District Community Association (DDCA) carried out a Housing
Needs and Demand Report which identified a community need for affordable housing in
the area. Leading the implementation of a community led housing project, the DDCA –
following initial discussions with Moray Council – identified a suitable site at Hillside
Farm, Dufftown (R1 in the Moray Local Development Plan (MLDP) 2020).  
4.2  In 2022, Moray Council and Dufftown and District Community Association (DDCA) entered
into a memorandum of understanding to deliver affordable housing on the Hillside Farm
development site. This would include a mix of DDCA community-led homes and Council
social rented housing, with the remainder of the site likely to be private owner-occupancy
housing.  
4.3  As part of the Moray Growth Deal's £7.5m Housing Mix Delivery project, which is funded by
Moray Council and the Scottish Government, the first phase of the Hillside Farm project is
to develop a concept masterplan for the site that will create a framework to deliver a
development reflective of the character, history and built heritage of Dufftown. Following a
tender process, Collective Architecture were awarded the contract to develop the
masterplan. 
5.  DRAFT HILLSIDE FARM MASTERPLAN  
5.1  The draft Hillside Farm Masterplan prepared by Collective Architecture is provided as
Appendix 1 to the report.  
5.2  The masterplan sets out a vision for a new neighbourhood, rooted in place, with
opportunities to grow a local economy, create new accessible open space, address the
climate emergency and support the elimination of fuel poverty through the provision of
warm, sustainably heated homes. To achieve this, the draft masterplan incorporates the
following elements: 
• A design code, with materials and landscaping guidelines, for the three proposed
character areas to ensure a holistic approach is taken across each phase of
development.
• Green corridors and landscape buffers to integrate the development sensitively
into the rural edge setting.
• A network of safe and well-connected routes, prioritising active travel, and making
Dufftown more accessible for all.
• Formal and informal play opportunities are to be provided together with sites for
allotments and community orchards. These are connected via a series of green and
blue networks incorporating swales and rain gardens. Proposals to enhance
biodiversity through planting and other mechanisms, such as bird boxes are set out
in the draft masterplan.
• A phased approach to the development site, incorporating community-led,
affordable and private housing and infrastructure.
• A Sustainability and Energy Strategy which takes a low carbon approach to design,
development, energy and resident behaviour.  
5.3  Collective Architecture, along with Council officers and representatives from the DDCA,
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sought to engage with the community in developing proposals for the masterplan. Two
drop-in events were held in the Royal British Legion Hall, Dufftown. The first, on 9 August
2023, invited the community to have their say on the design process and to find out more
information about the project. The second event presented progress on the design and
site layout concept and was held on 6 December 2023. Over 100 people attended the two
events, with 57 feedback forms submitted. Feedback newsletters were produced
following each event and circulated via social media, the DDCA and the Council’s
dedicated webpage for the project. This feedback, along with information collated from
stakeholder workshops with internal Council consultees, saw the production of an initial
masterplan and cost estimate in mid-2024.  
5.4  Following a series of discussions with the DDCA, Collective Architecture and the
Council’s Transportation Services across late 2024 and early 2025, Collective Architecture
were instructed to proceed to carry out an extensive options appraisal of the proposed
masterplan in an effort to reduce costs and assist with site viability at a strategic level.
This resulted in amendments to the layout, namely the relocation of the proposed access
which significantly reduced the amount of cut and fill required and therefore the
associated costs.  
6.  NEXT STEPS  
6.1  It is proposed to issue the draft masterplan for an 8-week consultation period, supported
by the following actions: 
• Promotion through Moray Engage and social media to raise awareness of the
consultation.
• Consultation drop-in event in Dufftown (date to be confirmed).
• Bookable 1-2-1 online appointments with officers.  
6.2  Following the consultation, responses will be reported back to a future meeting of this
Committee to consider, along with the final Masterplan for approval. The masterplan will
be a material consideration for development management purposes.  
7.  SUMMARY OF IMPLICATIONS  
7.1  The table below shows whether risks and implications apply if the recommendations are
agreed: 
SUBJECT YES NO
Corporate Plan and 10 Year Plan (Local Outcome Improvement Plan) ✓ 
Policy and Legal ✓ 
Financial ✓ 
Risk  ✓
Staffing ✓ 
Best Value and Transformation  ✓
Property  ✓
Information Communications Technology/Digital  ✓
Equalities. Social Inclusion and Economic Impact   ✓
Climate Change and Biodiversity Impact  ✓ 
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7.2  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.   
7.3  Policy and Legal 
The proposals support the delivery of the statutory MLDP 2020 and National Planning
Framework (NPF) 4. Once approved, the masterplan will be a material consideration in the
determination of planning applications for the site. 
The development of affordable housing on Hillside Farm, Dufftown is identified in the
Council’s Strategic Housing Investment Plan (SHIP) 2026/27 – 2030/31.  
7.4  Financial 
The development of the masterplan has been funded in part by the Moray Growth Deal
Housing Mix project. The DDCA have funded the remainder of the masterplan through the
Dorenell Windfarm Community Benefit Fund. 
7.5  Risk 
None arising from this report.  
7.6  Staffing 
Work on the draft Hillside Farm Masterplan has been carried out within existing workloads
of the Strategic Planning and Development section, including Moray Growth Deal Housing
Mix along with input from Housing, Transportation and Consultancy (Flooding). Officers
will continue to work on the masterplan and future delivery, including discussions with
potential developers.  
7.7  Best Value and Transformation 
None arising from this report.  
7.8  Property 
None arising from this report.  
7.9  Information Communications/Technology/Digital 
None arising from this report.  
7.10  Equalities, Social Inclusion and Economic Impact 
There are no negative impacts arising from this report. The masterplan assists the Council
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in complying with its statutory public sector equality duty in terms of accessible,
affordable housing while contributing to reducing socio-economic disadvantage through
enhanced and improved communities.  
7.11  Climate Change and Biodiversity Impacts 
NPF4, specifically Policy 1 (Tackling the climate and nature crises) gives significant weight
to the global climate and nature crises in the determination of planning applications.
NPF4 Policy 2 (Climate mitigation and adaption) states that all proposals should be
designed to minimise emissions over their lifecycle and development is to be sited and
designed to adapt to current and future risk from climate change. Similarly, Policy 3
(Biodiversity) requires development to contribute to the enhancement of biodiversity.
Policy 15 (Local Living and 20- minute neighbourhoods) supports the principle of Local
Living. 
By taking a holistic approach, the draft Hillside Farm Masterplan seeks to achieve some of
the aspiration of the Moray Development Plan (NPF4 and MLDP2020) by providing
opportunities to grow a local economy, create new accessible open space, address the
climate emergency and provide warm, sustainably heated homes. 
8.  CONSULTATION  
8.1  This report has been prepared in consultation with the Executive Director Economy,
Enterprise and Operations, Head of Growth, Planning and Climate (Chief Planning
Officer), Chief Financial Officer, Service Manager Housing Strategy, Service Manager Legal
Services, Principal Climate Change Officer, Senior Engineer Transportation, Equal
Opportunities Officer and Lissa Rowan, Committee Services Officer and any comments
made have been incorporated into the report.   
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Hillside Farm, Dufftown
Masterplan for Site R1
July 2025
Rev C
APPENDIX 1
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p 2
Hillside Farm, Dufftown
Prepared by:  Collective Architecture
Collective Architecture
4th Floor, Albert Chambers
13 Bath Street, Glasgow G2 1HY
info@collectivearchitecture.co.uk
www.collectivearchitecture.co.uk
Project Team:  Narro (Structural and Civil Engineers)
WI Talbot (Quantity Surveyors)
Rayburn Farquhar Bowen   
(Landscape Architects)
Client:   Moray Council &
Dufftown & District Community     
Association
Revision: Date: Status: Reason for Issue: Checked: Approved: 
- 16.12.23 Draft Draft Client Issue KM RA
A 31.01.24 Draft Client Issue KM RA
B 17.05.24 Draft Client Issue KM RA
C 31.07.25 Issued Client Issue KM ML
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p 3
July 2025 Collective Architecture
Foreword 5
00 Introduction 6
0.1  Masterplan for Hillside Farm 8
0.2  Partnership Working 10
0.3  Project Team 11
0.4  Policy and Planning Context 12
0.5  Community and Stakeholder   
Engagement 14
01 Site and Context 18
01.1  The Site 20
01.2  Location and Site Analysis 22
01.3  Local Amenities  23
01.4  Routes and Active Travel 24
01.5  Existing Townscape Character  26
01.6  Site Constraints  32
01.7  Site Opportunities 34
02 Masterplan Principles 36
02.1 Introduction to the Masterplan 38
02.2  Options Testing  42
02.3  Phasing Development 44
02.4  Phasing Strategy 46
02.5  Masterplan Principals  48
02.6  Learning from Dufftown 50
02.7  Connecting Hillside Farm to Dufftown 52
02.8  Landscape First 54
02.9  Integrated Water and Parkland 58
02.10  Spatial Strategy 60
02.11  Character Areas 64
02.12 Designing Streets 66
02.13  Vehicular Movement and Parking 68
02.14  Places for Community 70
02.15  A Place to Play and Grow 74
02.16  Sustainability & Energy Strategy 76
02.17  Technical Requirements 77
03 Design Code 78
03.1  Character Area 1 
- Ben Aigan View 82
03.2  Character Area 2 
- The Lanes and Spine  86
03.3  Character Area 3 
- Eastern Courtyards 90
03.4 Architectural Guidelines 94
03.5  Landscape Guidelines 96
Contents
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p 4
Hillside Farm, Dufftown
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p 5
July 2025 Collective Architecture
Foreword
We’re delighted to introduce the Hillside Farm Masterplan, which
provides an opportunity to create a high-quality neighbourhood in the
heart of Speyside helping to meet the high demand for housing and
support the sustainable growth of the community of Dufftown.
Forming part of the Moray Growth Deal’s £7.5m Housing Mix Delivery
Project, with funding contributions from the Scottish Government and
Moray Council, the development of the wider Masterplan has been a
unique collaborative process with Dufftown and District Association
(DDCA). The Masterplan sets out a vision of high-quality design and
accessible greenspaces to create a development that is reflective of
Dufftown’s unique character, heritage and landscape setting.
Councillor David Gordon
Chair of Planning and Regulatory Services Committee
Councillor Marc Macrae
Chair of Economic Development and Infrastructure Services Committee
Moray Council
New housing at Hillside Farm from West visual Page 213

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0.0  Introduction
0.1  Masterplan for Hillside Farm
0.2  Partnership Working
0.3 Project Team
0.5 Policy and Planning Context
0.5 Community and Stakeholder Engagement
00 Introduction
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00
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p 8
Hillside Farm, Dufftown
The Hillside Farm site extends to an area of
4.3ha on the western edge of Dufftown, a
short ten-minute walk from the Clocktower in
the heart of the town. The development of a
strategic plan for the Hillside Farm site will mark
a further important milestone in the evolution
of Dufftown, building on its unique landscape
setting and heritage as a planned community.
The site is bounded by Hill Street to the north;
existing dwellings at Hillside Avenue and Kinivie
Court to the east; an existing established tree
belt to the west; and three detached bungalows
fronting onto the historic Market Green to the
south. The site slopes from its high point in the
south, towards the Hillside Farm buildings in the
north.
This masterplan will draw out the unique
characteristics of the existing historic, social
and natural setting of Hillside Farm and wider
Dufftown to provide an exemplar framework for
the extension of the town. The masterplan will
holistically marry best practice approaches to
placemaking, sustainability and housing to make
a new place which respectfully integrates into its
special context.
The masterplan has been developed to take
into account the following key parameters:
• To identify the existing natural and designed
landscape characteristics of the site and
their impact on the broader context of
Dufftown so that these can be enhanced and
protected as part of any future development.
• To support Moray Council to undertake
and the identify future technical studies
to underpin proposals with critical
understanding of constraints and
opportunities.
• To work collaboratively and openly with
the Moray Growth Deal Communications
Group, Moray Council, key stakeholders
and the local community using best practice
engagement techniques and processes to
create a co-designed framework that puts
local need at its heart. 
• To develop a framework for development
which is harmonious with the special
landscape setting and biodiversity of Hillside
Farm with a unique ‘sense of place’.
• Building upon our experience, identify
opportunities for an open-minded approach
to house types and mix to create a Dufftown
family of homes appropriate to the local
architectural and social context rather than
looking for identikit, anywhere, ‘off-the-shelf’
solutions.
• To set out a Design Code for future
development that sets principles for the
scale, materiality and characteristics to
embed Dufftown specific solutions within
supplementary guidance.
• To identify opportunities for sustainable,
passive, energy solutions within all proposed
buildings.
• To set out a framework for conservation,
interpretation and landscape setting
enhancement for the Hillside Farm site and
its integration with the wider town.
• To improve and enhance the areas around
the site to form a linked network of spaces
for the enjoyment of all residents as a place
of living, working, learning and recreation.
Whilst being a small town, Dufftown and its distilleries plays a
key role at the economic heart of the north-east of Scotland.
Hillside Farm represents a substantial opportunity to provide
much needed, high-quality, housing and accessible green
space within the town of Dufftown. 
0.1 Masterplan for Hillside Farm
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p 9
July 2025 Collective Architecture
The masterplan is planning guidance.
The architectural images contained in this
document are illustrative. They establish
guiding principles for development; detailed
proposals will be prepared to support
planning application/s for the site.
The Hillside Farm site as defined by Moray Local Development Plan 2020
•Clocktower
Hillside Farm     •
N
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p 10
Hillside Farm, Dufftown
The preparation of the masterplan is part
of the Moray Growth Deal’s Housing Mix
Delivery project, with £25,000 coming from
the Scottish Government and Moray Council.
The masterplan is also part-funded by
Dorenell Windfarm Community Benefit Fund,
administered by Foundation Scotland.
Presently the site is working farmland under the
ownership of A. Wiseman & Son.
It is the long-term ambition of Dufftown and
District Community Association to deliver
20 new community-led homes across a mix
of tenures on the Hillside Farm site. These
community-led homes could include affordable
housing tenures including social rent equivalent
and discounted sales. The latter will be
protected as affordable with the Rural Housing
Burden and all community-led properties will be
controlled by Dufftown and District Community
Association on behalf of the community.
Moray Council are looking to deliver affordable
housing at this site at Hillside Farm to meet an
acute local shortage, these will be targeted as
part of Moray Council’s Strategic Investment
Plan 2024/25. At this stage, it is anticipated that
the remaining parts of the site will be developed
for private, owner-occupancy housing by a
developer.
This masterplan has been delivered through partnership
working between Moray Council and Dufftown and District
Community Association. Together they have worked with the
appointed consultant team to produce the framework for
future development of the site for around 100 new homes.
0.2 Partnership Working
Client Client Partner
Community Housing Support
Funders
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p 11
July 2025 Collective Architecture
Collective Architecture has undertaken a
variety of projects over the past 20 years that
have transformed places and their immediate/
wider communities through imaginative
placemaking strategies and the adaptation of
existing sites, buildings and landscapes.
Collective Architecture has extensive
experience in delivering strategic plans, housing
developments and community buildings at a
variety of scales.
For this commission they have drawn on an
experienced team who have successfully
delivered housing projects within existing
communities, involving master-planning
neighbourhoods, often in a phased manner. The
team have experience of delivering solutions
within complex and challenging locations,
including across Moray.
Raeburn Farquhar Bowen are Landscape
Architects who create rich, diverse landscapes
for people and wildlife to cohabit, and in
developing exciting and relevant designs
through open engagement and community
co-design. They bring extensive experience
of landscape masterplanning for sustainable
communities, in addition to experience within
and adjacent to historic designed landscapes.
Raeburn Farquhar Bowen are well established in
landscape masterplanning and have a particular
interest and expertise in green infrastructure,
biodiversity, and facilitating active travel to
create spaces for people, plants and wildlife to
thrive in the 21st century.
The project team have been appointed to deliver the
masterplan with an open and collaborative approach.
Each member of the design team brings a vast range of
complementary skills and experience, including a broad range
of strategic and housing projects in Moray. 
0.3 Project Team
Narro is a Structural and Civil Engineering
consultancy who, over 36 years, have built up
close relationships with Architects, Developers,
and Contractors, providing high standards of
service, expertise, and reliability.
The core team for this commission have
been selected based on their wide range
of experience of working on various new
build private, social and community housing
projects. They have a proven track record
of working together on all types of project
scales, and complexities. Their dedicated
civil engineering team provides an integrated
service for structural engineering developments
requiring drainage solutions or connection to
the road network. They also undertake stand
alone civil engineering projects to support
active travel, optimise existing space for car
parking or design junctions for multi-structure
developments and support clients from
feasibility studies to completion.
WI Talbot surveyors offer a comprehensive
range of residential and commercial services
based in Aberdeen, Scotland. Working on
projects across the country Talbot’s provide
clients and design teams with decades of
experience and expertise in the housing sector,
together with in-depth local market knowledge
and national resources. For this commission,
Talbots will be providing quantity surveying
services.
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p 12
Hillside Farm, Dufftown
The masterplan for Hillside Farm has been
developed to deliver on the ambition of the
National Planning Framework 4 as well as a
number of other key national policy documents
and guidance. Important reference documents
include:
• National Performance Framework
• Scotland’s Wellbeing  - Delivering the
National Outcomes
• Creating Places
• Designing Streets
• Cycling by Design
• Housing to 2040
• Our Place in Time: the Historic Environment
Strategy for Scotland
• Long Term Vision for Active Travel in
Scotland to 2030
• Active Travel Framework, Transport Scotland
• A More Active Scotland Delivery Plan
• Scotland’s Climate Change Plan 2018-2032
• Transport Scotland National Walking
Strategy 2016 -2026
• National Road Development Guide
The masterplan accords with aspirations set out
in current local and regional policy, including:
• Moray Council Corporate Plan 2019-2024
• Moray Council Climate Change Strategy
2020-2030
• Moray Local Development Plan 2020 and
supplementary guidance
• Moray Council Strategic Housing Investment
Plan
• Moray’s Child Poverty Action Plan
• Moray Community Planning Partnership
Local Outcome Improvement Plan
Moray Council Local Development Plan 2020
(LDP2020) sets out a spatial strategy which
explains the council’s overall view of where
development should go and the principles
behind that. The written policies give guidance
on all aspects of development, when it will
be supported and when it will not. LDP2020
allocated the Hillside Farm site (R1) for housing
and set a number of conditions in its allocation.
This masterplan builds on the principles
established by the LDP2020 and the response
to how the masterplan and future planning
applications should address the high quality
design aspirations of Policy PP1 is shown in the
adjacent table.
Future development of Hillside Farm will be guided by
national, regional and local planning policy. This section
provides an overview of how the masterplan aligns closely
with the shared objectives at all levels of policy for a ‘place-
based’ approach to produce a deliverable framework.
0.4 Policy and Planning Context
“Development proposals that include
new streets and public realm should be
inclusive and enable children and young
people to play and move around safely and
independently,maximising opportunities
for informal and incidental play in the
neighbourhood.”- NPF4, Policy 21
Throughout the document there are references
to national and local policy, an example of
which, can be seen below;
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p 13
December 2023 Collective Architecture
LDP2020 Requirement 
Proposals must comply with key design
principles set out in Volume 2: Settlement
Statement for Dufftown.
Transport Assessment required.
Road improvements required to Hill Street
to provide access including road widening,
surfacing, drainage, footways and lighting.
Junction improvements to Hill Street/Balvenie
Street must be provided.
Footpaths must be provided from
development to existing path between
Westburn Road and Kininvie Court and to
Hillside Avenue.
Flood Risk Assessment (FRA) required.
Drainage Impact Assessment (DIA) required.
Demonstrate that there will be no adverse
effect on the integrity of the River Spey Special
Area of Conservation (SAC) from development
activity causing pollution or sediment to reach
the SAC, or changes to water quality and
quantity.
Addressing Moray Local Development Plan 2020
Hillside Masterplan Response
The masterplan closely aligns with the
principles of LDP2020 Policies and key
design principles outlined in the Settlement
Statement.
The masterplan process has closely engaged
with Moray Council Transportation Service
and any future planning application(s) must be
supported by a Transport Assessment for the
overall development.
Improvements to provide for pedestrian,
cycle and emergency only vehicular access
(including phasing for delivery) to be
agreed with Moray Council Planning and
Transportation Services.
Pedestrian and active travel improvements to
be agreed with Moray Council Transportation
Service.
Proposals have been developed to enhance
and improve the connectivity of site with
emphasis on Active Travel opportunities.
Phasing of delivery to be agreed with Moray
Council Transportation Service.
To be provided in support of any future
planning application(s).
To be provided in support of any future
planning application(s).Proposals have been
developed in accordance with best practice
approaches to sustainable water management.
To be provided in support of any future
planning application(s).
Site R1 Hillside Farm (4.3ha, allocated for 100 units)
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p 14
Hillside Farm, Dufftown
A series of workshops and community events provided
local residents and stakeholders opportunities to listen, co-
design, share concerns and present ideas in a collaborative,
open environment. These ensured that local knowledge and
experience were embedded into the strategy.
0.5 Community and Stakeholder Engagement
We believe it is important that as many people
as possible are able to participate in discussions
around the future of their communities. Our
process aligned with the National Standards for
Community Engagement, which are endorsed
by the Scottish Government and adopted by
Moray Council. Our approach for Hillside Farm:
• Presented an accurate overview of the site’s
planning policy context.
• Articulated the reasons behind the
masterplan proposals and the future
planning and statutory processes associated
with the masterplan, including a timeframe
for any proposed development.
• Aimed to spread awareness of the potential
development of the site in line with Council
LDP2020 and the new National Planning
Framework.
• Created a mechanism through which both
individuals and organisations could positively
contribute to the process.
There are a large number of stakeholders and
residents within Dufftown who rightly have
a keen interest in how Hillside Farm may be
developed for the good of everyone. It was
important that we contacted and got as many
people as possible involved in the engagement
process.
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p 15
July 2025 Collective Architecture
The community engagement events held in 2023 were well
attended. The format of each was carefully planned to ensure
communication was clear and information was accessible and
easy to engage with. Feedback was invited at each stage via a
range of channels to reach as many people as possible.
Throughout the engagement process;
• We worked with the client partners to reach
out to residents in the vicinity of the site to
ensure as many as possible participate in
community events.
• With the client partners we reached out
through a range of channels including social
media posts, posters in local places, email
newsletters, community forums and the
council website.
• A dedicated webpage was established which
provided background project information,
FAQs, and adverts for upcoming events.
Information presented at each event was
uploaded for viewers to read through at their
own leisure.
• We ensured that all events took place over
an  extended timeframe throughout the
afternoon and early evening, within an
accessible venue in Dufftown.
• Handouts were provided, in accessible
format, for all events where emerging design
proposals were being presented to allow
everyone access to the information relating
to the masterplan proposals.
• Information was presented in a clear and
simple format. Members from the design
team, client partners and Moray Council
were on hand to answer questions.
• Feedback was invited through a number of
channels including on the day in paper or to
a member of the team, via the website or via
post.
“creating a
structured and
cohesive community
for all ages”
“encourage and
allow essential
workers to move
here easily and
quickly”
“having a low cost
home in a family setting
would be a dream”
Feedback survey quotes from Event 01 Page 223

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p 16
Hillside Farm, Dufftown
Community Engagement
Wednesday 9th August 2023, 4 - 8pm
Event 01 - Introducing the Project, Royal British Legion Hall
The opening event focused on what makes the site special in the eyes of stakeholders and the
local community and asked people to reflect on the constraints and opportunities for any future
development. This underpinned our shared understanding of the site and guided the principles
for taking forward the strategic masterplan, through the establishment of common goals and
principles.
Wednesday 6th December 2023, 3 - 7pm
Event 02 - Developed Proposals, Royal British Legion Hall
The second event focused on the developed proposals for the site and overarching character
principles for housing. Information boards included an updated constraints and opportunities
diagrams; compiling feedback from Event 01 and the stakeholder day. The developed proposals
and FAQs sought to address key resident concerns expressed through feedback from the previous
event.
Stakeholder Engagement
Friday 6th October 2023, 10.30 am - 4 pm Moray Council High St, Elgin
Collective Architecture met with key statutory stakeholders over 2 sessions as part of a stakeholder
day: ‘Placemaking, Landscape, Transport & Infrastructure’ and ‘Homes & Community.’ CA were
supported with information from the design team. These sessions enabled round table discussions
to explore key strategic moves and to develop the design into a realistic, deliverable proposition.
Morning session - Homes & Community
Attendees; MC Senior Housing Officer, MC Housing and Strategy Development Manager, MC
Planning Officer (Strategic Planning & Development), MC Economic Growth & Development Senior
Project Manager, DDCA Communities Development Leader, CHT Communities Officer
Afternoon session -  Placemaking, Landscape, Transport & Infrastructure, Moray Council
Attendees; MC Transport Development Engineer, MC Public Transport Manager, MC Consultancy
Engineer, MC Planning Officer (Strategic Planning & Development), MC Economic Growth
& Development Senior Project Manager, DDCA Communities Development Leader, CHT
Communities Officer
Our approach to engagement was based on our previous
experience of similar projects whilst being tailored for the
specifics of the Hillside Farm site. The design team produced
feedback in the form of newsletters following each event. An
overview of which follows below.
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p 17
July 2025 Collective Architecture
Photos from Event 01
Event 01 Brief Summary
Residents shared views on wider Dufftown
facilities and travel to and from the current site
at Hillside farm. Individuals expressed their
views regarding new homes in Dufftown.
Members of the community expressed
concerns around drainage on the site, existing
water supply and local sewage infrastructure.
Individuals expressed concerns around pressure
on existing utilities but were reassured to hear
that development would not take place unless
there was sufficient capacity in place.
Many were interested in how local biodiversity
and ecology could be enhanced though the
development. Low maintenance and indigenous
planting were seen to be a priority as well as a
planting buffer to existing residents to the site
east. 
The full feedback newsletter for Consultation
01 is within the Appendix. The demographic of
event attendees is summarised in pie charts at
the back of the Feedback Newsletter.
Event 02 Summary
The proposed site strategy was generally well
received.
Some individuals at the event or family
members were interested in moving to Hillside
Farm if there were options that suited their
needs.
Locals expressed apprehension around the
number of new homes displayed within the
strategy and the tenure of these.
The design team received practical feedback
regarding parks, farm traffic on Hill Street and
mobility hubs. 
The material palettes and character zones were
mainly supported, notably for their variety and
accordance with the landscape.
Information was also shared regarding the
project timeline explaining where this strategic
work sits in relation to project procurement and
delivery. Community members found this to be
beneficial. Individuals were signposted to Moray
Council Hillside Farm webpage and DDCA
social media for ongoing information regarding
development at Hillside Farm.
Photos from Event 02Page 225

Page 226

This chapter frames the strategic context for the masterplan,
and the physical context for the site at Hillside Farm.
01 Site and Context
1.0  Site and Context
1.1 The Site
1.2 Location and Site Analysis
1.3  Local Amenities
1.4  Routes and Active Travel
1.5  Existing Townscape Character
1.6 Site Constraints
1.7 Site Opportunities
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01
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p 20
Hillside Farm, Dufftown
The site is located on the western edge of
Dufftown within the settlement boundary. The
size itself is comparable in size to the historic
centre of the town.
The site is presently split in two; one half arable
farmland and the other rough grazing. The
division of these is evident within historic maps.
The field is bordered by a biodiverse border
with a wild mix of native plants.
The existing planned landscape of trees around
the historic Market Green provide a historic
gateway to the urban settlement. These trees
are key to the character of the Green and are
an important feature to be retained as far as
possible in upgrading the road to access the
site.
The western tree border to the site is also
important for the landscape character of the site
and the legibility of the town edge on approach
to Dufftown from the west.  This row of trees was
acknowledged to contain a variety of species in
ranging condition.
Integration with the existing landscape
setting will be critical to the success of any
future development of Hillside Farm. In
particular, ensuring that homes make the
most of outstanding views to the north, whilst
approaching the site through a landscape-led
approach that looks to embrace the principles
of NPF4; which prioritises the retention of
landscape character and improvement of
biodiversity.
Hillside Farm sits on the western edge of the current
settlement of Dufftown, at the point where town meets
country. As a planned settlement the existing townscape is
strongly defined by its simple grid, with long views to the
beautiful surrounding landscape.
01.1 The Site
Scaut Hill
Tips of
Clunymore
Hill of
Parkbeg
Toll W
ood
Hill of Towie
W
indfarm
Knock of
Buchromb
Little Conval
Ben Aigan
(471m)
View to the North Page 228

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p 21
July 2025 Collective Architecture
1
23
4
5 6
7
1  Mature trees at site corner
2  Conval Crescent entrance to 
B9009, poor junction visibility
3  Track to West of Hillside Farm 
site
4  Overgrown path / ditch   
between house to East of site 
towards playpark
5  Looking West down Hill   
Street, loose track surface
6  North West site corner to 
Hillside Burn and farm track 
ford crossing
1 2 3
4 5 6
Site Photos Page 229

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p 22
Hillside Farm, Dufftown
For these reasons the Site at Hillside farm is
within the Ben Rinnes Special Landscape Area,
and the The Upland Farmed Valleys Landscape
Character Type. More information can be found
on this in the Landscape Appraisal in Appendix.
Due to the town’s geographical location the
area is well suited to arable farming and has a
rich history of whisky distilling. Hillside Farm is
located near Hillside Burn a tributary into the
River Fiddich, an important river that feeds
many of the local distilleries. Distilleries are a 
larger driver for regional tourism and a key local
employer.
Dufftown itself is a historic high street town
of varied traditional and Scots baronial
architectural styles, in keeping with the town’s
age and available local materials.
Dufftown, a town in Morayshire is at the heart of Scotland’s
distilling country and arable upland landscape. Located to the
North of the Cairngorms National Park, Dufftown is located in
Speyside valley with key rivers and landscape areas. 
01.2 Location and Site Analysis
Key
Main Towns
A Roads
B Roads
Rivers
Moray Region
Map of Moray
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p 23
July 2025 Collective Architecture
Dufftown has a range of facilities spanning
health, leisure and retail. Most of these are
located in prominent town centre buildings and
are located on a map to the left.
It was noted at the Consultation Event 01 that
several key local business and shops in the town
have suffered in recent years with numbers
dwindling and many closing. The community
noted the lack of a post office and butchers to
being a loss in the area.
Green Spaces
1 Highland Games Grounds
2 Historic Market Green
3 Park and Playpark
4 Football Grounds
5 Bowling Green
6 Princess Royal Forest Park
7 Toll Wood
Amenities
1 Primary School
2 Community Centre
3 Medical Centre
4 Royal British Legion
Dufftown
5 Library
6 Historic Town Centre with
Shops
7 Mortlach Memorial Hall
8 Dufftown Clocktower
1
1
B9009
towards
Glenrinnes
A941 towards Rothes / Elgin    
Fife StreetChurch Street
Conval Street
Balvenie Street
	
River Fiddich
Hillside
Farm
LDP2020
Site R1
7
4
5
7
3
5
3
2
8
4
2
6
6
Key
Town edge formed
by landscape
Key road
connections
Historic Town Edge
Historic Farm
Boundary
01.3 Local Amenities
Town Amenities diagram
N
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p 24
Hillside Farm, Dufftown
A941 towards
Rothes / Elgin towards
Glenfiddich 
the Gownie
Hillpath to
Aberlour 
Glenrinnes
Way footpath
Distillery
Walking
Path
A920
2
1
Hill Street
The Clock Tower
Hill Street
B9009
towards
Glenrinnes
Fife StreetChurch Street
Balvenie Street
B9014
3
Conval Street
100m
200m
300m
400m
Site Boundary
Main Roads
Popular Walking
Routes
Potential Pedestrian
Route from the site
Shared Surface
(Pedestrian and Bike)
Bus Stops, no
36 Elgin, no 36a
Granton-on-Spey
1, 2 & 3 LDP
Areas of Transport
Improvement
1
A Road
B Road
Local Street
Junction
Improvement
Needed
Main Site Entrance
(as recommended by
MC Roads)
Emergency Access (as
recommended by MC
Roads)
Key
01.4 Routes and Active Travel
The area has no official bike routes however
there are some shared surface pavements;
from the Clocktower along Balvenie Street
and a short section on Hill Street. Walking
and cycling friendly streets will be a priority
within the new housing development although
the topography and gradient of the site will
present challenges. The nature of the site will
present particular challenges for active travel
and people with disabilities, both within the
site and connections to surrounding area.
Bus stops are presently located on Balvenie
Street with services running to Elgin and
Grantown on Spey, however these are outwith
the recommended walking distance of Hillside
Farm and future housing.
Further public transport links should be
considered.
Dufftown has excellent walking routes in and around the
town connecting town centre streets to the surrounding
countryside.
N
Route connections diagram Page 232

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p 25
July 2025 Collective Architecture
To support new housing at Hillside Farm there
will need to be significant infrastructure and
transport improvements. The junction from
Conval Street and subsequent site entrance, will
need upgrades and reconfigured.
Hill Street will also require road upgrades for
emergency access with the option for shared
surfaces.
The town is well connected to the surrounding
forests and hillpaths via local walking paths
and farm tracks. Numerous clubs gather in key
1  Dufftown Highland Games 
Pitch, photo Dufftown   
Highland Games website
2  Tininver Playpark Park,   
Google
3  Princess Royal Park,Google
4  Mortlach Primary, Google
1 2 3
4 5 6
Green Spaces and Amenity
Spaces in Dufftown
outdoor spaces throughout the town, with the
Highland Games pitch central in the town and
the town’s calender. 
Play areas are located to the East of Dufftown
at Tininver Park and and at the south corner of
the Highland Games pitch accessed through
Kinivie Court. The town lacks more natural and
integrated play.
The Market Green is presently under utilised as
an amenity space for pedestrians, mainly due to
a lack of benches and shelter. 
5 Dufftown Bowling Club,   
Google
6  Dufftown Football club   
and pitch, Google
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p 26
Hillside Farm, Dufftown
To understand a place, it is important to understand its
intricate tapestry of old and new, and how these merge
together over time to form its character. Planning, culture
and heritage are deeply rooted in place; they exist in the
undocumented lives and oral histories of local people.
As a planned settlement, we can quickly
understand the driving forces for the towns
development and why its spaces and places
have the characteristics they do. Dufftown
has developed around a landscape setting
on a regular grid pattern. This plan is still
clear and legible today, however more recent
development between the historic street
pattern and the boundary tree belts has been
more ad-hoc and suburban in its form.
Our concept approach looks to stitch the
Hillside Farm site into the wider town pattern,
acting to bring together the formal grid pattern
of the 19th Century town with the informal
contemporary infill that has stretched westwards
in the intervening period.
01.5 Existing Townscape Character
Grid Streets within the town
Left SC Canmore - Dufftown, general view 1930 1438471
Right SC Canmore - Dufftown, general view 1930 1257019
http://canmore.org.uk/collection/1257019
Historic Character and Town Growth
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p 27
July 2025 Collective Architecture
The planned street pattern and the historic trees
The formality of the grid and the informality of the infill
Site
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p 28
Hillside Farm, Dufftown
1 Ferrier Road - Streetfronts stepping in and out with
lanes to housing stepping with gables up the hill.
2 Albert Street - Small low front boundary walls with large
thin private gardens to rear.
3 Conval Street - Wide street, perhaps historically a
shared surface, presently car dominated.
4 The Clocktower square - Strong street corners,
courtyard shapes, shared gardens / yards to rear.
5 Old Mart - Buildings orientated so their fronts are to the
streets. Smaller gardens.
1 2
3 4
5
Urban Patterns and Morphology
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p 29
July 2025 Collective Architecture
Residential Neighbourhood and Urban
Structures
How local people experience the spaces of the
town are as important as a reading of plans and
maps. The appointed design team developed
the strategic principles into a contemporary
architectural language that compliments local
vernacular buildings.
The design of future homes at Hillside Farm
should represent the priorities of the community
of people in Dufftown, so that their knowledge,
stories and insight can be embedded in the
proposals.
6 Balvenie Street looking to the Clocktower, storey height
varying along street and dormers breaking up the eaves
lines
7 Macduff Place, streets terminating in key views/
buildings
8 Albert Street, gables and stepping up the hill
7 8
6
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p 30
Hillside Farm, Dufftown
Mortlach Primary; traditional window design
Stepping ridgelinesDoors on gables Bay windows on detached
house
Historic Photos from Canmore
Photos from Google streetview
Feature ‘distillery’ housing
court
House with different
elevations
Recessed entrances Quirky window placements Prominent dormers
Local Building Character
Houses in the trees
3a Balvenie Street - Cottage Flat Varying eave heights and street proportions
Page 238

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p 31
July 2025 Collective Architecture
Local Building Materials
Stone
Render
Slate
Metal cladding
Timber
Material Colour Palette
Site Photos Page 239

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p 32
Hillside Farm, Dufftown
01.6 Site Constraints
The site presents many natural challenges namely the steep
topography with a fall of 30m, North facing aspect and
constrained points of entry.
HILLSIDE FARM, DUFFTOWN
02SITE CHALLENGES
FB
Track
Post
192.0
192.0
190.0
190.0
190.0
186.0
186.0
186.0
188.0
188.0
Tree Edge to Dufftown
Water
Fence Boundary
Mixed Native Hedge
Junction Corner
Trees
Narrow Track
Slope
Badger Activity
Potential badger offset
Buffer
Key
6
1
10
2
5 15
4
14
11
13
9
7
8 12
13
HILLSIDE FARM, DUFFTOWN
5
Active Travel Connections
Connections to Path Network
Views
Potential ecology offsets
Green edges
14
13
8
10
4
122
3
7
11
14
5
6
9
1
3
Site Constraints
1. Existing Dufftown entrance sign at the
settlement edge location doesn’t provide a
strong sense of arrival to town.
2. Historic town edge at tree-line around
historic Market Green.
3. Complex existing junction with poor visibility
onto main road.
4. Rear fences to existing properties create
negative boundary.
5. Existing tree belt to western boundary
should be retained.
6. Substantial heritage trees at town entrance.
7. Narrow unadopted farm track requires to be
upgraded to formal road.
8. Private property boundaries in proximity
to road, may prove challenging for road
upgrading and widening.
9. Substantial level change (c.20-30m) within
site, falling towards the north.
10. Substantial level change across Market
Green restricting new site entrance.
11. Existing water main to be diverted.
12. Sewer connection at Kinivie Court.
13. Stream and site low point (X).
14. Potential environmental offsets
A Preliminary Ecology Appraisal was undertaken
to identify ecological features of interest and
determine the possible presence of protected
species. Raeburn Farquhar Bowen have
synthesised this information into their landscape
diagram and desktop appraisal of Hillside Farm.
A desk based Landscape Appraisal was also
undertaken to understand Dufftown’s wider
upland landscape character region in Moray.
Hillside Farm
Dufftown
RaeburnFarquharBowen
Baseline Desktop study
Baseline Landscape Report ExtractPage 240

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p 33
July 2025 Collective Architecture
(c) Crown copyright, All rights reserved. 2023. License number 0100031673
213.7m
201.8m
CONVAL STREET
CONVAL CRES
KININVIE
COURT
ST MICHAEL'S LANE
B 9009
HILLSIDE AVENUE
HILL STREET
FB
Track
STNA
STNB
STNC
STND
FH
FH
TP
TP
TP
TP
Stay Stay
Stay
Stay
Sign
Edge of Crops
Edge of Crops
Edge of Crops
Sign
Sign
Sign
EP
EP
EP
EP
EP
SV
SV
SV
SV
SV
SV
SV
SVSV
LP
LP
LP
LP
LP
LP
LP
LP
LP
Post
Post
Post
Post
Post
Post
Post
Post
Post
Post
PostPostPostPostPostPostPost
Post
Post
Mkr
214.0
214.0
214.0
214.0
214.0
214.0
214.0
212.0
212.0
212.0
212.0
212.0
212.0
212.0
210.0
210.0
210.0
210.0
210.0
210.0
210.0
208.0
208.0
208.0
208.0
208.0
208.0
208.0
206.0
206.0
206.0
206.0
206.0
206.0
206.0
206.0
206.0
204.0
204.0
204.0
204.0
204.0
204.0
204.0
202.0
202.0
202.0
202.0
202.0
202.0
202.0
202.0
200.0
200.0
200.0
200.0
200.0
200.0
200.0
200.0
200.0
198.0
198.0
198.0
198.0
198.0
198.0
198.0
198.0
196.0
196.0 196.0
196.0
196.0
196.0
196.0
194.0
194.0
194.0
194.0
194.0
194.0
194.0
194.0
192.0
192.0
192.0
192.0
192.0
192.0
192.0
192.0
192.0
192.0
192.0
190.0
190.0
190.0
190.0
190.0
190.0 190.0
190.0
190.0
190.0
190.0
190.0
226.0
226.0
224.0
224.0
222.0
222.0
222.0
222.0
222.0
182.0
180.0
184.0
184.0
184.0
184.0
184.0 184.0
186.0
186.0
186.0
186.0
186.0
186.0
186.0
220.0
220.0
220.0
220.0
220.0
218.0
218.0
218.0
218.0
218.0
216.0
216.0
216.0
216.0
216.0
216.0
224.0
186.0
186.0
186.0
188.0
188.0
188.0
188.0
188.0
188.0
188.0
188.0
188.0
188.0
192.0
192.0
184.0
184.0
204.0
1:6
1:11
1:14
6
1
10
2
5 14
4
11
13
9
7
8
12
13
Site constraints diagram
0 m 500mN
3
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p 34
Hillside Farm, Dufftown
01.7 Site Opportunities
The site offers many natural benefits to future housing
including; great access to the outdoors, fantastic views and
the potential for high quality wildlife rich greenspace.
Site Opportunities 
1. Opportunity to establish the historic tree-line
as the settlement edge.
2. Re-establish ‘Market Green’ as a positive
gateway space in the wider townscape.
3. Simplify the existing junction arrangement
and form new junction to open up the
Hillside Farm site.
4. Create stronger connections for active travel
to the town centre.
5. Tie into local walking route / scenic path
network.
6. Existing tree line forms soft boundary to the
settlement.
7. Substantial heritage trees could be retained.
8. Opportunity to work with site topography
to create different character areas and
accommodate a variety of different housing
tenures. Roads to follow countours.
9. Sloping site provides long views out towards
landscape in north.
10. Opportunity to create an active travel
gateway close to town and working with and
between the existing heritage trees.
11.  Access Road North of Conval Street is
adopted to the South West corner of the
Site.
12. Secondary pedestrian access from Hill Street.
13. Swales and rain gardens into SUDs for water
management.
HILLSIDE FARM, DUFFTOWN
02SITE CHALLENGES
FB
Post
190.0
186.0
186.0
186.0
188.0
Tree Edge to Dufftown
Water
Fence Boundary
Mixed Native Hedge
Junction Corner
Trees
Narrow Track
Slope
Badger Activity
Potential badger offset
Buffer
Key
6
1
10
2
5 15
4
14
11
13
9
7
8 12
13
HILLSIDE FARM, DUFFTOWN
5
Active Travel Connections
Connections to Path Network
Views
Potential ecology offsets
Green edges
14
13
8
10
4
122
3
7
11
14
5
6
9
1
3
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p 35
July 2025 Collective Architecture
Site opportunities diagram
213.7m
CONVAL STREET
CONVAL CRES
KININVIE
COURT
ST MICHAEL'S LANE
B 9009
HILLSIDE AVENUE
HILL STREET
FB
Track
STNA
STNB
STNC
STND
FH
FH
TP
TP
TP
TP
Stay Stay
Stay
Stay
Sign
Edge of Crops
Edge of Crops
Edge of Crops
Sign
Sign
Sign
EP
EP
EP
EP
EP
SV
SV
SV
SV
SV
SV
SV
SVSV
LP
LP
LP
LP
LP
LP
LP
LP
LP
Post
Post
Post
Post
Post
Post
Post
Post
Post
PostPostPostPostPostPostPost
Post
Post
Mkr
214.0
214.0
214.0
214.0
214.0
214.0
214.0
212.0
212.0
212.0
212.0
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5
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0 m 500mN
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This chapter outlines the various high level strategies
and principles that together form the masterplan. Future
development at Hillside Farm should adhere to these
principles to make a high quality place that enhances
Dufftown for everyone.
02 Masterplan Principles
2.0  Masterplan Principles
2.1 Introduction
2.2 Options Testing
2.3 Phasing Development
2.4 Phasing Strategy
2.5 Masterplan Principles
2.6 Learning from Dufftown
2.7 Connecting Hillside Farm
2.8 Landscape First
2.9 Integrated Water and Parkland
2.10 Spatial Strategy
2.11 Character Areas
2.12 Designing Streets
2.13 Vehicular Movement and Parking
2.14 Places for Community
2.15 A Place to Play and Grow
2.16 Sustainability and Energy Strategy
2.17  Technical Requirements
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02
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Hillside Farm, Dufftown
The Hillside Farm site represents a significant ‘once-in-a-generation’ opportunity to provide high
quality housing at scale on a prominent site within the settlement of Dufftown. The site location has
the potential to form a key gateway to the existing community and deliver new homes to meet the
local housing need identified by both of the client partners.
Our approach is rooted in an understanding of what makes the existing historic town special
and how the remarkable landscape character around the site and wider Dufftown enhances local
peoples quality of life, who live and work in Dufftown.
This approach to development should ensure that new homes are harmoniously and sensitively
integrated into the site, in a holistic manner, over time. The approach conserves the historic tree
belts that define the town edge, and ensures a strategy is in place for legacy planting, to safeguard
these biodiverse havens for future generations. The masterplan builds in climate resilience through
an integrated green and blue approach to water management, creating a place with enhanced
ecological value and encouraging biodiversity to thrive.
The masterplan sets out a vision for a new neighbourhood, rooted in place, with opportunities
to grow a local economy, create new accessible open space, address the climate emergency and
support the elimination of fuel poverty through the provision of warm, sustainably heated homes. It
plans to:
• Create a place where the community will grow and thrive.
• Provide housing that meets peoples’ long-term needs and will promote intergenerational living
• Improve access, and support the ongoing sustainability of, community facilities, which will offer
more opportunity to stay, travel and live locally.
• Protect the natural setting of Dufftown for future generations through careful stewardship and
establishment of placemaking and sustainable design principles.
Illustrative images are provided to show how the masterplan principles could be interpreted, such
diagrams are indicative only. Development proposals should be brought forward and determined
through a formal Planning Application(s).
The street names shown in the drawing to the right are indicative only, These names are not
in use in Dufftown at present and named after by local features directional views the streets
terminate towards. Street naming should be developed with the local community to ensure local
knowledge of Scots language and place names is captured in making a meaningful and modern
place with character significance.
02.1 Introduction to the Masterplan
This chapter outlines the various elements that make up the masterplan. These
essential strategies and characteristics combine to ensure that development at
Hillside Farm aligns with the policies of Moray Local Development Plan 2020 and
National Planning Framework 4.
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July 2025 Collective Architecture
The Masterplan
N
Indicative Site Boundary
Hill Street
B9009
Conval Street  
Kinivie Court
Hillside Avenue
Fiddich
CourtFiddich Street
Parkbeg Street
Clunymore Street Aigan Lane
Little Conval Lane
Conval Avenue
Parkbeg
Court
Clunymore
Court
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p 40
Hillside Farm, Dufftown
The masterplan will exemplify the six qualities of successful places:
Healthy
Supporting the prioritisation of
people’s safety and improving
physical and mental health.
Pleasant
Supporting attractive natural and
built spaces.
Connected
Supporting well  connected
networks that make moving
around easy and reduce car
dependency.
Wetlands and integrated SUDs
Walking routes through a biodiverse
landscape
Connecting to Dufftown
Footpaths linking communities
Hill Street
Connection to the Landscape
Linking into a wider network of paths
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July 2025 Collective Architecture
Tree Belt
Retained and strengthened
Distinctive
Supporting attention to detail
of local architectural styles
and natural landscapes to be
interpreted, literally or creatively,
into designs to reinforce identity.
Sustainable
Supporting the efficient use of
resources that will allow people
to live, play, work and stay in their
area, ensuring climate resilience,
and integrating nature positive, 
biodiversity solutions.
Adaptable
Supporting commitment to
investing in the long-term value
of buildings, streets and spaces
by allowing for flexibility so that
they can be changed quickly to
accommodate different uses as
well as maintained over time.
Heritage Trees
Creating an active travel gateway
Market Green
A point of arrival to Dufftown
and future housing
Access
Primary vehicular access via
improved junction at Conval
Crescent
B9009
Conval Street   
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p 42
Hillside Farm, Dufftown
1. One sided road
2. High access point into site
3. Avoid building on steeper sections
4. Opportunities to increase density
3
1
2
4
Original Layout - Jan 2024 - 99 units
02.2 Options Testing
An options review was undertaken to assist with the
site viability at a strategic level. Road, site access and
infrastructure were reviewed at high level to make efficiencies,
this in turn offered significant layout improvements for the
strategic design.
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July 2025 Collective Architecture
1. Primary access road re-positioned to align
more closely with site levels, allowing the
extent of cut and fill across the full site to be
greatly reduced. 
2. Primary roads rationalised, one sided roads
avoided, greater density of units achieved.
3. Retention reduced as a result of revised cut
and fill and by building on flatter sections of
site.
4. Site access has been rationalised to reduce
road length.
5. Site road layout has been rationalised to
reduce the overall quantity required to
service the properties.
6. Ramped site entrance footpath omitted as
no longer required.
7. Tree removal works now required to
accommodate site entrance.
8. Opportunities to reduce density via unit
types, if required.
3
6
3
4
5
7
2
Developed Layout with increased density* - 128 units
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Hillside Farm, Dufftown
02.3 Phasing Development
Alongside revisiting the site principals, the Design Team
developed a high level approach to phasing the development
to enable partial, phased or full development of the site. This
provides flexibility for Moray Council and partners moving
forward.
Option 1 - 57 units
Develop southern section of site only
Full site - 128 units
Primary access road re-positioned to align more closely
with site levels, reducing the extent of cut and fill.
Primary roads rationalised, one sided roads avoided,
greater density of units achieved. Retention reduced by
building on flatter sections of site.
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July 2025 Collective Architecture
Option 3 - 38 units
Develop northern section of site only. Access from
Hill Street only, no through access road to wider
site. Would still require some improvements to
junction at Balvenie Street.
Option 2 - 71 units
Northern section of site developed with access
from Conval Street serving 23 units due to
restrictions along Hill Street.
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Hillside Farm, Dufftown
This phasing plan is to be viewed as a starting
point for any future delivery discussions, to allow
flexibility to meet any site challenges.
Phasing of any development works could be
preceded by an initial phase of Infrastructure
enabling works. This could comprise all route
infrastructure, site wide drainage, SuDS, utilities,
infrastructure, landscaping, planting and play.
This will enable the phases identified on the
plan adjacent to be ‘plugged-in’ as they are
developed.
The masterplan identifies two optional phases
noted as 1 & 2 in the diagram as well as an
additional reduced development option 3. The
Character Areas expressed in following Chapter
are applicable to all of the development
options.
Detailed phasing strategies should form part of
any future planning application(s) for the site,
relating back to the approach outlined opposite.
This means the impact of the new development
can be monitored incrementally and mitigation
measures introduced should unforeseen
problems be encountered.
Hillside Farm could be developed in a phased manner in line
with the indicative approach outlined opposite. This describes
an approach which will support a sustainable ‘build-out’ which
should enable a mixed community to organically develop as
new elements stitch into town.
02.4 Phasing Strategy
Development and Infrastructure Phasing
1
2
3
A
B
D
E
Upgrade works to Conval Crescent
junction to Moray Council
requirements; formation of new access
route with 5.5m carriageway and 2m
footpath to open up Hillside Farm;
form the access road into Phase 1
site for future extension as Phase 2
commences
Upgrade existing informal path and
form new foul drainage connection into
upgraded existing network to facilitate
Phase 1 housing development
Upgrade existing track to adoptable
standards and form new foul drainage
connection into upgraded existing
network to facilitate Phase 2 housing
development
Possible future public realm /
landscaping works within Market Green
to improve setting
Option 1 - Southern development first -
housing development of up to 57 units
with associated infrastructure works for
access and SUDs
Option 3 - North development of 38
units, access from Hill Street only. No
through access to wider site. Would
require junction upgrades at Balvenie
Street.
C Diversion of existing Scottish Water
Main to follow new street pattern
1
Option 2 - North development first
of 71 units - Northern section of site
developed with road access from
Conval Street serving 23 units due to
Hill street access restrictions.
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July 2025 Collective Architecture
Prospective Phasing diagram of Option 1 and 2
N
A
E
1
2
B
D
C
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Hillside Farm, Dufftown
Local Development Plan
Allocation - 100 units
Overall Site Area - 4.3 ha
New accessible landscaped open space
Key views to be protected
Area of site identified for development
Areas which should provide wetlands
Key routes through Hillside Farm
Trees Belt to be retained
Opportunities within Market Green
Heritage trees to be retained where
possible
Key
In the following pages we show how these principles
provide the structure for the high level strategies that
should be followed in any future development. This is to
ensure the delivery of a unique place befitting Dufftown.
N
02.5 Masterplan Principals
A series of key principles underpins the masterplan, and set
out the fundamental parameters and priorities for Hillside
Farm. This approach allows the neighbourhood to evolve
in a holistic and phased way within a clear and coordinated
framework. The diagram below illustrates these key principles.
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July 2025 Collective Architecture
Green Corridors and Landscape Buffers
All healthy and mature trees should be retained.
Green, biodiversity, corridors should be formed 
to the eastern and western edges of the
development. Landscape buffers should wrap
around the new homes.
Transportation
New and improved links between on-site and
off-site should prioritise active travel and make
this the easiest and best option for moving
around. Connections should make Dufftown
more accessible for all.
Building and Topography
New buildings should follow the patterns of
the site contours and understand the urban
character of surrounding areas.
Water Management
Capturing water at surface level from inside and
outside the site, water is slowed on its journey
through the site with swales and wetlands. This
reduces pressure on public sewer systems.
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Hillside Farm, Dufftown
A town’s physical development tells a story
of its evolution over time, the driving forces
that have shaped its spaces and places. The
characteristics that we see today tell a story of
the social and cultural history of a place. New
development should also reflect this heritage
as well as promoting modern values of living in
Dufftown today.
Dufftown has developed around a landscape
setting on a regular grid pattern, surrounded
by the large scale buildings of agriculture
and distilling. The strong town plan is still
clear and legible today, however more recent
development between the historic street
pattern and the boundary tree belts has been
more ad-hoc and suburban in its form.
The masterplan approach stitches the Hillside
Farm site into the wider town pattern, acting
to bring together the formal grid pattern
of the 19th Century town with the informal
contemporary infill that has stretched westwards
in the intervening period.
The context of the site is unique and rich, tied
to the historic Market Green on the edge of the
planned community, acting as a termination to
the grid in the west. This space and Hill Street
will tie the Hillside Farm site back to the historic
town.
The built forms within the Hillside Farm site
should reflect the established pattern and
characteristics of the historic town. These are
characterised by buildings with long elevations
facing onto principal streets; key corners formed
by larger buildings; prominent gables; and
larger individual dwellings towards the edges
of the grid. These characteristics are described
in the diagrams below and expressed further
within Chapter 3.
A successful development at Hillside Farm should learn
from and reflect the strong urban forms of the historic parts
of Dufftown in particular the grid arrangement of planned
streets which relaxes into the landscape by bending corners or
stepping up hills, streets terminating with key civic buildings.
02.6 Learning from Dufftown
Illustrative historic characteristics within the town
Long elevations Key courtyards and crosses Larger dwellings at town edge
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July 2025 Collective Architecture
Primary grid intersection / civic
Key buildings at grid intersections
Secondary grid intersection / residential
Market Green
Key
Historic townscape pattern broken by
unsympathetic modern development
Streets Terminating in key buildings
or views
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Hillside Farm, Dufftown
As a small town, Dufftown could already be
described as a 20-minute neighbourhood.
Hillside Farm should knit into this structure
and development will offer opportunities for
improved connectivity within the wider town
networks.
The masterplan proposes new streets and lanes
through the site which are appropriate to the
different character areas and reflect the patterns
seen elsewhere in Dufftown. These will prioritise
people movement over vehicles.
Connections outwith the site boundary should
occur where increased permeability would be
desirable. These routes should work with the
existing topography, street pattern and views
and be pedestrian and cyclist friendly. All routes
should be publicly accessible and promote
active travel. All new footpaths should be a
minimum of 2m wide with surfaces to align with
the Design Guidelines set out in Chapter 3.
Early development works must upgrade the
existing junction on Conval Street to provide
the principal site access road, this should also
connect with Conval Crescent. This should be in
line with the principles established and agreed
with Moray Council Transportation Services as
outlined in the Appendix.
Development must facilitate improvements to
the existing informal lanes joining Hillside Farm
to Kininvie Court and Hillside Avenue. Forming
these new connections close to existing homes
will enable all local residents to benefit from
access to the site as a place for recreation,
exercise and active travel.
The development provides opportunities for
longer term improvements to the accessibility
and usability of Market Green and improve
established walking trails and pedestrian safety.
This could be supplemented by an arts or
signage strategy.
In line with regional and national policy
objectives to make active travel the easiest
option for journeys, homes must be provided
with safe and secure storage for cycling and
wheeling.
This low-carbon approach to travel should
be compatible with the continued delivery
of sustainable public transport links from the
town to nearby settlements. Access to public
transport stops and provisions for users need
to be assessed as part of any future planning
application(s) to identify where improvements
may be made to encourage travel by public
transport.
A network of safe and well-connected routes will provide
access within the Hillside Farm site. These will integrate the
new development into the wider town and will encourage,
promote and prioritise walking, wheeling, cycling and
connectivity to public transport for sustainable travel.
02.7 Connecting Hillside Farm to Dufftown
“Development proposals will contribute
to local living including, where relevant,
20 minute neighbourhoods. To establish
this, consideration will be given to existing
settlement pattern, and the level and quality of
interconnectivity of the proposed development
with the surrounding area.” - NPF4, Policy 15
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July 2025 Collective Architecture
Opportunities for Mobility Hub at Hillside Farm
The Scottish Government’s Climate Change Plan 2020 update
included a world leading commitment to reduce car kilometres by
20% by 2030. By rethinking how we use our cars and reducing the
number of daily journeys we take we can help to make Scotland a
healthier, fairer, greener place to live and significantly contribute
towards Scotland reaching net zero.
Hillside Farm can support the modal shift by providing mobility
hub infrastructure within the site. Through partnership between
Moray Council and DDCA, there is an opportunity to provide for
multi-modal hubs at key locations for an electric car club and other
facilities such as secure cycle storage, bike hire, parcel lockers and
public transport travel info.
An exploration of the viability and deliverability of such a hub
should be taken forward by the partner organisations following
adoption of this masterplan as supplementary planning guidance.
Appropriate locations have been noted in the diagram above. 
Possible Mobility Hub Locations
Upgraded Active Travel Routes
Existing walking routes
Key
Routes to existing public transport
New Active Travel Routes
New informal walking routes
Upgraded Junction
Travel Key
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Hillside Farm, Dufftown
The development should be sensitively
integrated into the setting by a new layer of
landscape infrastructure. The strategy should
incorporate play spaces, safe lanes around
new homes which prioritise people, and playful
elements next to key walking and cycling routes.
The existing western tree belt is a key boundary
to the Hillside Farm site and the plays a
significant part in how the existing townscape
is seen on approach from the west. Retaining
the existing mature trees is important for the
local community. These heritage trees must be
retained through the course of development of
the site with succession planting implemented
to ensure the long-term sustainability of this
natural asset.
The Western and South greenspace gives relief
between the housing and tree belt as well as
allowing space for nature and existing habitats
to flourish and recover from agricultural use.
New native planting should be integrated
in these spaces to supports biodiversity and
diverse wildlife populations. These buffers will
play a prominent role in the new accessible
green space to the North of the strategy and
will link outwards into the broader landscape
corridors.
The formal heritage trees at the Market
Green are also significant from a townscape
perspective acting as a key gateway marker
for both the existing town and Hillside Farm
site. It is likely several trees may need to be
removed to allow the formation of a site access.
Retained trees should be protected during road
formation.
A plan for succession tree planting in the areas
where heritage trees are located should be
developed and undertaken with species native
to Scotland and in line with the landscape
design guidelines outlined in Chapter 3. A tree
survey, tree protection plan and mitigation plan
for trees within and bordering the site should be
provided with any future planning application(s)
in line with Policy EP7 of the Moray Local
Development Plan 2020.
The final routes for new footpath connections
through the heritage tree zone must be agreed
through future planning application(s) and
designed and detailed to avoid and minimise
any harm to the trees by the works. New
surfacing should be “no dig” where it is laid
adjacent to trees, designed and installed in
agreement with the planning authority.
It is important that boundaries to existing
homes are respected through privacy planting
for back-to-back garden arrangements along
the eastern site edge to retain the semi-rural
feel from existing back gardens. Connecting
paths (noted in the diagram on the previous
page) should connect communities and allow
immediate accessible access to green spaces.
Development at Hillside Farm should integrate closely
with the rural edge condition of the site, maintaining and
enhancing the landscape character through careful planning
and long-term stewardship of the existing natural assets.
02.8 Landscape First
“The development must be integrated into
the surrounding landscape which will include
safeguarding existing trees and undertaking
replacement planting to include native trees
for any existing trees that are felled... The
strategy for new tree provision should follow the
principles of the “Right Tree in the Right Place”
- LDP2020, DP1
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Root Protection for Existing Trees
The masterplan has followed the guidance
set out in the British Standard covering
trees in relation to design, demolition and
construction.
The British Standard, BS5837 : 2012,
provides recommendations relating to tree
care, with a view to achieving a harmonious
and sustainable relationship between new
construction and their surrounding trees.
During construction any contractor has a
duty to protect existing trees from damage
and the British Standard specifies how this
happens.
Typical section of root protection
area with no dig zone
Root protection zone
No dig
No dig
New accessible green space
Key
New Tree-lined green corridors
Heritage Trees to be retained and
succession planting implemented
Focal Green Cross
Wetland Parkland
Existing property fences
New north-south lanes should contain street
trees to ensure that these become ‘green
corridors’ for pedestrians moving through the
site. Where these meet the east-west streets
there is significant opportunity for tree cross’s
to act as focal points in the streetscape. These
should integrate into the green-blue strategy
for water management with opportunities for
rain gardens.
Greeenspace is used to navigate levels within
Hillside Farm, creating secondary routes for
back garden access as well as the provision of
a central and more formal planted space at the
heart of the strategy.
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Hillside Farm, Dufftown
The Green buffers will enhance the landscape
spaces around existing homes to the east and
south of the Hillside Farm site in addition to
providing opportunities for ‘play-on-the-go’.
This could take the form of simple timber
structures, large boulders and balance beams.
These spaces will be activated by routes through
connecting new and old.
The Market Green is the gateway to
Dufftown from the west and should have a
landscape strategy that reflects this status.
Existing heritage trees must be retained
and succession planting implemented. New
routes and planting could supplement this.
There is an opportunity to create a distinct
‘Welcome to Dufftown’ signage strategy that
engages walkers and cars alike.
Buffer
Enhanced
Landscape
Heritage trees
retained
Play
Routes
New planting
Routes
Succession
planting
Signage
Signage
Examples of places for play in the landscape
The character of the landscape will help the development feel
and look unique to Dufftown. We understand that high quality
accessible green spaces have a significant positive impact on
our health and wellbeing. Development at Hillside Farm will
embed a ‘landscape first’ approach to placemaking.
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July 2025 Collective Architecture
The Lanes will provide tree-lined view
corridors running north-south for pedestrians. 
These will step down the hillside with a
variety of house types and active spaces
emerging from them. Each lane will have
a distinct character, the eastern lane more
linear and the western lane more diagonal
setting down towards the wetland. Both
provide walking short cuts between shared
surface streets.
Green
Cross
Wetland
Play
Examples of places for community spaces
Green
Cross
Green
Cross
Lane
Lane
Green
Cross
Green
Cross
Courtyard
Courtyard
Courtyard
Courtyard
Courtyard
Courtyard
Adjacent
Homes
Countryside
Views
Lane
Lane
Green Crosses and Courtyards intersect the
more urban, shared streets that run East to
West. Inspired by streets in Dufftown, streets
terminate in Courtyards where houses are
sociably arranged with entrances together
or open out to a view. Each courtyard is
intersected by a lane and tree line softening
the harder surfaces, creating a through-flow
and providing a meeting point.
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Hillside Farm, Dufftown
An integrated landscape and drainage strategy
should be put in place that provides climate
resilience, place-making, space for ecology
and well-being. Blue-Green Infrastructure (BGI)
integrates hydrological functions with nature
and landscape. It makes use of water (blue)
and nature (green) to future proof drainage
infrastructure capacity, protecting against
flooding and the effects of climate change.
These features should be integrated into
streets, open-spaces and within building plots
and contribute to a distinctive sense of place
and habitat connectivity within the masterplan.
BGI should work with the existing topography
and the proposed built fabric to provide a
holistic approach to landscape and drainage.
Within the Hillside Farm site, the topography
conveys water to existing low points, which
function as collectors of over-land water flows.
These damp areas should guide development
to make best use of existing processes and
systems and compliment the site’s natural
hydrological function.
Visible water management features such as
swales, wetlands, ponds and raingardens will
collect and slow down rainwater creating a
green network of interconnected and adaptable
habitats which serve to move water, wildlife and
people through the development.
A sustainable approach to water management is being taken.
Capturing water at surface level, water is slowed on its
journey through the site with swales and wetlands, reducing
pressure on public sewer systems. In addition, Hillside Farm
will be a thriving water resilient place.
02.9 Integrated Water and Parkland
water flow
raingarden
Existing
dwellings
new
homes
wetland
swale swalenew
homes
“Integrate green and blue infrastructure such
as swales, permeable paving, SUDS ponds,
green roofs and walls and grass/wildflower
verges into streets, parking areas and plots to
sustainably address drainage and flooding issues
and enhance biodiversity from the outset of the
development” - LDP2020, PP1 (v) Biodiversity
Examples of positive rainwater management
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July 2025 Collective Architecture
“Development proposals for or
incorporating new or enhanced blue and/
or green infrastructure will be supported.
Where appropriate, this will be an integral
element of the design that responds to local
circumstances.” - NPF4, Policy 20
These design features will reduce the impact
on the existing sewer system, decrease surface
water run-off and reduce the risk of flooding.
Connecting water management and wetland
amenity space is an efficient and flexible
way to structure diverse green space which
performs more than one function. The delivery
of sustainable flood risk management and the
creation of great places to live that are resilient
to climate change are now key features of
Scottish planning policy.
These features will reduce the impact of flash
cloudburst events by containing and slowing
the flow of water, but they will also provide
amenity value and expand the diversity of
habitats. The proposals for the management of
water on the Hillside Farm site has the aim of
ending uncontrolled flooding while improving
environmental water quality. By considering
water first, we can move from battling to
overcome its negative impacts to capitalising
the positive contribution it can make to creating
environmentally friendly places.
Hillside Farm presents a special opportunity to
demonstrate how new policy can be applied
in practice whilst creating new landscape
characters that speak to local distilling culture
and heritage. Green-blue spaces also support
wellbeing and encourage engagement with
wildlife through ponds, boardwalks and spaces
for viewing the landscape.
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The masterplan represents how by taking a
‘landscape first’ approach to creating green
spaces and buffers, with integrated green blue
infrastructure, provides a central core within
the site for a dense development pattern which
reflects the local vernacular placemaking.
Housing and infrastructure is stitched into this
central core of the site through working with and
managing the challenging site topography. In
the first instance, development is concentrated
to the Northern side of the site, leaving
generous greenspaces and natural hillside to
the South.
Within the site, a central access road feeds
the shared streets which span East to West
following the contours of the hillside. To ensure
step free access to dwelling entrances, retention
(if applicable) is contained within back-to-back
gardens. Steeper North-South lanes will connect
between the more gently sloping accessible
shared streets and courtyards. The levels
strategy creates a series of flatter zones allowing
for the formation of dense housing clusters,
arranged to reflect the patterns found and
recorded within the existing townscape.
The masterplan layout groups housing in three
principle ways; looser groups at the core edges;
dense streets with long elevations in the central
areas; and tighter courtyard clusters which are
reflective of the gable corner arrangements
found in Dufftown.
The formation of streets between these homes
emphasises a car-tamed approach with streets
for people rather than being dominated by
vehicles. These shared surface streets should
allow for visitor parking and a variety of road
surfaces to indicate access priorities. 
The following pages outline these spatial
strategies and how they should be understood
and implemented. These are tested and
described in more detail within the Character
Areas in Chapter 3.
Development of future detailed proposals for
each character area should reflect an approach
that is in keeping with the principles of the
spatial strategy and provide a mix of housing
models, tenures and sizes. This will ensure a
mixed and diverse community is encouraged
and supported through a phased delivery
period.
The Hillside Farm site offers an opportunity to make a
contemporary place which understands and reinterprets the
house types and spaces between buildings we see in the
historic town.
02.10 Spatial Strategy
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The Masterplan with retention highlighted
Managing the challenging site topography
The spatial strategy works with the site
topography with an approach to retaining
structures to allow homes and streets to step
gently down the natural hillside. These formed
levels create zones where homes can be formed
which are accessible to all and streets that can
be navigated easily by people of all abilities.
Each platform will be provided with areas of
accessible landscape.
“Retain, incorporate and/or respond to
relevant elements of the landscape such as
topography and planted features, natural
and historic environment, and propose
street naming to retain and enhance local
associations” - LDP2020, PP1 (i) Placemaking
Natural fall of the site
Stepped lane
Stepped lane
N
gradient street      -       accessible access to plots
gradient street      -            accessible access to plots
gradient street      -       accessible access to plots
gradient street  -           
accessible access to
plots
accessible access
accessible access
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Learning from Dufftown
A series of house types should be developed
that have characteristics that are distinctly
‘Dufftown’. These will be orientated to suit
the site topography and to make characterful
spaces in between. Larger homes to the East
and West will have strong fronts to the streets
and lanes, with informal backs and wide views
towards the landscape. Key marker buildings
should be located at the northern and southern
gateways from the Market Green and Hill Street.
“Distinctive: Supporting attention to detail
of local architectural styles and natural
landscapes to be interpreted, literally or
creatively, into designs to reinforce identity.” -
NPF4, Policy 14
Prominent elevations diagram
Individual
dwellings
Combined dwellings
Key Street
Elevations
Markers
N
Hill Street
Hillside Avenue
Kinivie Court
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Making places for people
Streets will be formed with a focus on people
and social activities with a varied form in line
with the aspirations of Designing Streets and
NPF4. The network of routes will allow for
differing surface treatments suitable to their
locations and to adoptable standards. The
hierarchy of streets will force cars moving
through spaces to slow down with differing
widths acting to create informal parking or
passing places.
“ Provide a clear hierarchy of streets
reinforced through street width, building
density and street and building design,
materials, hard/soft landscaping and a variety
of approaches to tree planting and shrubs.” 
- LDP2020, PP1 (iv) Street Layout and Detail
Street hierarchies diagram
Lanes with steps
Shared surface
streets
N
Hill Street
Hillside Avenue
Kinivie Court
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02.11 Character Areas
Ben Aigan View sits on the western perimeter of the development site
and provides a new visual and physical edge to Dufftown. Characterised
by the existing heritage tree-belt, Ben Aigan View will form a new
landscaped space with wetlands alongside formal and informal
landscaping. Homes will sit away from the site boundary, fronting onto
a lane, with back gardens defined by native hedges and low fences
addressing the views to the landscape both near and far. Community
activities, from play in the south, via community growing to a picnic area
in the north which will provide activity across this new landscape.
Area 1 - Ben Aigan View
Hillside Farm will have three different character areas. These areas have
been arrived at following site analysis as outlined in Chapter 1.
The access road into the site forms a spine from which a dense set of
streets will span, stepping down the hillside. These will closely resemble
the street and built character of historic Dufftown. Homes will sit close
to the street, with long elevations and prominent gables. Variation in
the street width will allow for street trees and car parking to be carefully
integrated into the street scene. The Lanes, running North-South through
the site, will provide green corridors and opportunities for rain-gardens
where these cross the street.
Area 2 - The Lanes and Spine
Dense streets terminate in courtyards, where dwellings are arranged
in groupings around shared surface streets. Entrances should be
considered in relation to each other to create interactive outdoor spaces.
Lanes weave between the courtyards, connecting them together and
introducing greenspace into the harder surfaces. This character area
provides connecting routes into the adjacent neighbouring housing and
wider town via the heritage trees and Hillside Avenue.
Area 3 - Eastern Courtyards
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Character Area 1 -
Ben Aigan View
Character Area 2 -
The Lanes and Spine
Character Area 3 -
Eastern Courtyards
N
Character Areas diagram
Hill Street
B9009
Conval Street  
Kinivie Court
Hillside Avenue
Hillside Farm
Character Area
Existing homes
Character Area
Market Green
Character Area
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Housing at Hillside Farm should be formed
around a number of low-car shared surface
streets, their scale, form and character in close
alignment with the ambitions and principles of
Designing Streets and Cycling by Design. These
streets will prioritise pedestrians and those
wheeling whilst also allowing for easy access to
homes for those with disabilities.
The streets and lanes should be formed from a
series of typologies which are indicated in the
diagrams opposite. These show a rich tapestry
of spatial conditions which will support social
interaction, becoming the heart of a great place
which will strengthen the health and wellbeing
of the community. The network of streets and
lanes should support opportunities for growing,
active play and access to private gardens of
varying sizes.
House types should vary to allow for different
rooms to face onto streets - with some providing
kitchen spaces and others supporting living
rooms.
Water management, in the form of rills, swales
and rain-gardens will be integrated in to
strengthen the quality of the place.
The outlined strategy for streets has been
tested for vehicular movements of emergency
vehicles and local refuse collections vehicles to
meet standards. 
Streets should support and enhance daily life, not merely
be corridors for vehicle movements. Streets should facilitate
encounters, foster a sense of neighbourliness and provide the
foundations of a healthy community. A network of shared surface
streets and lanes will make homes accessible to all residents.
02.12 Designing Streets
“Development proposals that include
new streets and public realm should be
inclusive and enable children and young
people to play and move around safely and
independently,maximising opportunities
for informal and incidental play in the
neighbourhood.” - NPF4, Policy 21
Typical Street Pattern
5.5m shared surface
varies
parking
building line
trees trees
trees trees
2m service strip
trees
trees trees
trees
trees
trees
lane
lane
2m service strip
varies
min.
10.5m
building line
trees
varies
min.
10.5m
building line
min. 1.5m private garden
from street to building line
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Streetscape approach accommodating both people,
landscape and vehicles
Indicative pedestrian lane through green crosses
Street widening for
parking behind the
building line, parking
surface distinguished
differently to shared
surface
Parking Courts
alongside North / South
Lanes, screened by trees
Pleasant and connected path network
Pedestrian and cycle routes that are safe and
well connected
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The diagram opposite demonstrates the
vehicular hierarchy across the site. This indicates
primary and secondary streets.
The primary street provides the main vehicular
circulation routes to link Hillside Farm to the
immediate context and beyond. The secondary
vehicular circulation provide drop off, delivery
and light infiltration of cars into the streets for
resident parking.
Private car parking provision will be kept as low
as possible across the site, with provision in line
with the table below. This will be supported by
the promotion of the active travel options and
public transport links.
Where parking is provided, it must be designed
to be integrated with the streetscape and
landscape features to avoid cars dominating the
street scene.
Larger homes are provided with in-curtilage
parking whilst smaller homes will be provided
with parking alongside homes in small clusters.
Parking bays should be provided in groups
of up to four spaces, with clusters broken up
by planting and mature trees. At least 50% of
parking should be located behind the principle
street building line.
Visitor parking should be integrated into the
street. All parking spaces must be provided with
electric charging provision.
Final parking numbers must meet Moray
Council standards to ensure they are
appropriate to the site location, house
typologies proposed and tenure of these. These
specific requirements will be subject to scrutiny
as part of any future planning applications.
How vehicles move around the site, and where these park, has
a major impact on the quality of the place for residents and
visitors alike. The masterplan provides a balanced approach to
reduce the impact of vehicles on the visual quality of streets
and spaces.
02.13 Vehicular Movement and Parking
Hillside Farm Masterplan Parking Standards
Type    Requirements   Location     
Private Car Parking   In line with NRDG standards In-curtilage or in parking clusters
to meet needs of house sizes
Visitor Car Parking  In line with NRDG standards On-street provision across site
Note that where accessible bungalow house types are provided these should also be provided with at least one
parking bay within a car port within the curtilage of the property.
The masterplan acknowledges that NPF4 promotes an aspirational approach to low car developments and
opportunities for more active travel. There is opportunity for future applications to seek to address these
aspirations in line with developing national and local standards. 
Any potential Electric Car Club Provision, in line with the aspirations of providing a Mobility Hub, should be
provided on the basis of 5 to 6 spaces per 150 dwellings as per the recommendations of CoMoUK.
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“Development proposals which are ambitious
in terms of low/no car parking will be
supported ... where they do not create
barriers to access by disabled people.”
- NPF4, Policy 13Cluster parking provision
In-curtilage parking provision
Visitor Parking
Primary Street
Key
Secondary Street (light infiltration)
Service / Emergency Access Only
Farm vehicles access
Parking and vehicular access diagram
N
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Placemaking principles will support the
development of a community centred around
recreational spaces  for new and existing
residents in the area, with places for leisure,
informal play and growing food. These will be
interspersed amongst a diversity of housing
options that meet local need, are accessible,
affordable and can allow people to age in place.
Spaces and places will sustain an environment
that encourages chance encounters. Routes,
journeys and street making should facilitate
interactions between neighbours in the spaces
between buildings.
A range of community spaces should be
formed at the earliest opportunity, with
the development of infrastructure network
(green and blue), landscaping and light touch
community structures. These will open up
accessibility to the site for all.
Places to meet are located across all
character zones and act as anchors for the
neighbourhood. Within each character area
places like communal recycling, tool libraries,
bike stores and bike tool stations, delivery
lockers, locally sourced food and vending
machines could be co-located to support a local
circular economy as well as being places where
people bump into one another during their
daily lives.
The detailed planning application stage and
phasing of the project should ensure that
communal spaces and facilities are designed
and located where there is a proven need and
want from the local community to ensure their
long term use and maintenance.
Housing diversity is critical to the success of
forming a truly sustainable community. New
homes should provide a balanced mix in each
area. Phasing of the development should allow
for this mix to grow organically over time.
A mixed community can help combat feelings
of loneliness, provides a support network an a
greater sense of purpose. Younger neighbours
can help residents with tasks that have
become harder. There are social benefits for
both old and young, through increased social
interactions. Spaces shared by children and
elderly adults provides a perfect opportunity
for young and old to learn new skills, especially
communication and technology skills, from one
another.
Alongside new homes at Hillside Farm, there is the
opportunity to provide a liveable and sustainable
neighbourhood, creating an environment where a variety
of home types and tenures are supported for a mixed
community that grow together over time.
02.14 Places for Community
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Examples of spaces for community activity, for
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Hillside Farm, Dufftown
The strategy should provide space for play
and community interaction through the
landscape edge, lanes and central green.
This will provide opportunities for community
stewardship or volunteering in the landscape,
skills development and lifelong learning. A
community space could provide sheltered
space for meetings, a community kitchen or an
outdoor classroom for a nursery group.
Spaces should be allocated for food growing,
so that this can be accommodated if there is a
desire for future community gardens or within
individual home plots. An edible landscape is
possible through the planting strategy. Hubs,
for active travel and shared resources within well
connected and central locations could provide
focal points for community activities.
Formal
Play
Examples of places for community activities
Play
Play
Play
Play
Play
Hub
Opportunities for
Allotments Orchard
Raised beds in
shared gardden
Play
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The location of routes and parking spaces will
make active travel the easiest option to move
within the site and into Dufftown. These routes
will animate lanes and provide movement and
activity. A variety of external spaces of different
forms and scales between buildings foster
opportunities for different types of play and
interaction.
Informal
Paths
Walking
routes
Wetlands
Hub
Recycle
Recycle
The series of shared space streets and
pedestrian lanes will facilitate and encourage
active and liveable streets. Low boundaries
between properties allow neighbourliness and
engagement across the garden fence, hedge
or wall. Water management is integrated and
opportunities for shared recycling and a
mobility hub can encourage neighbourhoods
to form within individual streets.
to Park
Examples of places for community activities
“Development proposals that will have
positive effects on health will be supported.
This could include, for example, proposals
that incorporate opportunities for exercise,
community food growing or allotments.”
- NPF4, Policy 23
Walking
routes
to Bus
to Town
Landscape
walks
Recycle
Recycle
Recycle
to School
Recycle
Recycle
Hub
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02.15 A Place to Play and Grow
A strong driver of the landscape strategy is
to seek ways to encourage frequent social
moments, with opportunities for shared refuse
stores, cycle storage and shared gardens,
community growing spaces, seating areas and
linking paths.
It is important that in the design of external
social spaces consideration is given to the
varied needs of a diverse and intergenerational
community, so these spaces can be enjoyed by
all.
For example;
• To help create a dementia and autism
friendly environment, it is important to have
recognisable and describable meeting
points. Clear character areas with distinct
colours, materials and house types can aid
navigation.
• The location and shape of seating structures
is important; a good seating arrangement
can help encourage face-to-face dialogue.
• Space for teens to be out of the house, in
the fresh air and interacting with their peers
in a safe and supportive environment will
help build open and healthy communities.
• Ensuring that benches are located regularly
on key paths will allow for those who may
need to rest more often on walks.
The play strategy for the site allows for a larger
‘primary play’ space in the central greenspace
with more incidental opportunities for
interaction elsewhere.
Outdoor play is a great way to get exercise and
form social bonds. The Dufftown landscape
should incorporate play areas, safe lanes which
prioritise people and playful elements next to
key walking or cycling routes. “Play-on-the-
way” which features balancing and hopping
opportunities near key pedestrian routes is
helpful to encourage residents to embrace a
more active lifestyle and could work well with
the primary school nearby, whilst providing a
safer alternative to the surrounding busy road
network. These interventions will be low-key and
of a natural quality.
Closer to homes, play areas can be more
structured and provide simple play for younger
children, as well as being places for young
people of all ages to hang out with good
passive surveillance. Inclusive and accessible
play space provision should be provided for all
ages and abilities.
Planting associated with the play spaces is key
to ensuring that they are rich and dynamic.
Seasonal change provides the opportunity for
nature to be a part of the play offering.
As encouraged by national policy, a food
growing strategy for Hillside Farm should offer
opportunities for people to grow fruit and
vegetables near to their homes, as well as larger
allotment / community gardens.
A variety of fruit trees and fruiting hedges
that are native to the area and suitable for the
climate should be incorporated into a planting
proposal.
External social spaces provide safe locations for people to
meet and get fresh air, no matter what age you are. They are
important to encourage intergenerational relationships by
creating opportunities for incidental meets. Such spaces are
embedded throughout the masterplan.
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Opportunities Fruiting Hedgerows
Orchard Planting
Opportunities for Composting
Primary Play
Key
On-the-go play / play trail
Opportunities for Allotments
Shared Garden / Planters
Examples of growing places
Productive site diagram
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Future development must take a joined up
and integrated approach that fully considers
flexibility, adaptability, energy and climate
change when designing resilient housing
models for the future. Warm, energy-efficient
homes that are cost-effective to heat in winter
and easy to cool in summer should be provided.
“Underpinned by the vision
and the mission of the UN
Agenda 2030 and the 17
Sustainable Development
Goals, the Climate Framework
is organised around six
overarching themes...which can
be influenced most directly by
the built environment”
Passivhaus, refers to buildings created to
rigorous energy efficient design standards
so that they maintain an almost constant
temperature. Passivhaus buildings are so
well constructed, insulated and ventilated
that they retain heat from the sun and the
activities of their occupants, requiring very
little additional heating or cooling.
02.16 Sustainability and Energy Strategy
Hillside Farm will positively face the need for climate resilience
by taking a low carbon approach to design, development,
energy strategy and resident behaviour.
Future proposals should illustrate how they
support this Energy Strategy as outlined below:
• All development should apply a ‘fabric
first’ approach, where the envelope of new
buildings is designed and constructed to be
energy efficient.
• All homes should aspire to Passivhaus
standard or exceed the building regulations
to reduce energy demand of new buildings.
• De-carbonised Energy Systems: All
development should support the transition
to a de-carbonised energy system to heat
and power new buildings, reflecting the
national energy strategy.
• Renewable Energy: Where possible
opportunities to maximise inherent site
opportunities for renewable energy
generation – from water, solar, ground,
sewage, air and wind should be considered.
• Deliverable: sustainable solutions should be
developed that are practical and deliverable,
in line with the phased delivery of the site.
• A transition to low carbon transport:
Development should support low carbon
transport with integrated cycle use,
‘charge at home’ electric opportunities, ‘
fast charging points and car share being
prioritised.
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02.17 Technical Requirements
The Moray Local Development Plan
2020 outlines key requirements for future
development of the Hillside Farm site, which
this masterplan reflects and sets parameters
for. Additional work will be required by future
planning application(s) to build upon the
masterplan principles in the following areas.
Offsite works
The masterplan indicates a number of areas
where works will be required outwith the
LDP2020 redline boundary for the site. These
works will include:
• Upgrading of the junction at Conval
Crescent in line with the design in principle 
established by Narro Associates and agreed
with Moray Council Transportation Service
• Upgrading of the track through Market
Green to a 5.5m carriageway with 2m
footpath to provide the primary road access
to the site.
• New foul drainage connections into existing
Scottish Water network with upgrade works
to infrastructure as identified in Scottish
Water response to the Pre-development
enquiry
• New surface water outflow to existing
watercourse for the north of the site as
outlined in Narro Associates indicative
drainage strategy
Diversions
The existing water main running through the
site will require to be diverted with all works to
be agreed with Scottish Water.
Automatic Fire Suppression Systems
In line with Scottish Building Standards all new
homes built for social rent after March 2021
must have automatic fire suppression systems
installed. Early consideration should be made
for the careful integration of any associated
standalone water tank and pump structures that
may be required to meet this requirement.
Further Technical Reports
The masterplan process has produced a number
of baseline reports to support establishing
the key design principles. These should be
supplemented alongside future planning
application(s) by the following reports:
Site Investigations
Narro Associates conducted initial trial pit
investigations in August 2023, a summary of
this is provided alongside recommendations for
future site investigation works.
Ecological Studies
A Preliminary Ecological Appraisal (PEA)
was undertaken in September 2023 by Lunar
Environmental. The recommendations of this
PEA should be undertaken by future applicants.
Tree Survey
A tree survey should be commissioned and
undertaken to assess the age, quality and future
maintenance requirements of trees within and
bordering the site.
Requirements and scope for both a Drainage
Impact Assessment and Flood Risk
Assessment should be agreed with Moray
Council to meet LDP2020 requirements.
Future planning applications should address the aims and
principles established by the masterplan whilst also meeting
a number of identified technical requirements. Key aspects
are outlined below and further detailed within the associated
appendices in Chapter 5.
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3.0  Design Code
3.1 Character Area 1 - Ben Aigan View
3.2 Character Area 2 - The Lanes and Spine
3.3 Character Area 3 - Eastern Courtyards  
3.4 Architectural Guidelines
3.5 Landscape Guidelines
The design guidelines in this chapter set out the design
approach, quality and materials which are recommended for
each Character Area of development at Hillside Farm. These
set out how all new homes at Hillside Farm should look and
feel to ensure a holistic approach is taken across each phase
of development.
03 Design Code
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Hillside Farm, Dufftown
A new neighbourhood that is distinctly Dufftown.
Eastern Courtyards
Weaving Hillside Farm into
wider Dufftown.
Existing homes at
Conval Crescent
Existing homes at
Hillside Avenue
Existing homes at
Kinivie Court
Existing homes
Hill Street
Conval Street  
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December 2023 Collective Architecture
Ben Aigan View
The western edge, addressing
the landscape near and far.
The Lanes and Spine
A familiar place, with neighbourly
streets and characterful homes.
B9009
to the Gownie
Hill Path
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In Ben Aigan View, buildings are typically proposed to step
down the hillside topography. Repeating house types will
create a cohesive feel across the dwellings, but variations in
roof form, materials and elevation detailing will be introduced
to create a richer architecture.
Key characteristics of the area are:
• Placemaking, where spaces for
neighbourhood and community are
embedded across the character zone, at all
scales and types.
• Sustainable blue and green infrastructure is
used to strengthen and enhance the existing
landscape with formation of a new wetland
to North and cascading basins to West that 
interpret the whisky distilling process that
Dufftown is known for.
• Pleasant and pedestrian prioritised streets
and lanes.
• Homes that are open and well connected to
the environment - with views from their rear
gardens out into the landscape beyond
• Amenity provision that promotes health
and well-being, and supports a sense of
community.
Typologies and Uses:
• Homes along the western edge should
typically be larger detached types with siting
reflecting the edge condition found in the
existing town. Gables to face the West tree
line where possible.
• Increased density of dwellings to the North
to merge with the Lanes character area.
• Homes along the Northern edge should
consider the placement of entrances and
rear gardens to ensure frontages onto the
Wetlands.
• Boundary treatments should reflect a rural
edge condition, with low hedges and fences
to gardens whilst retaining walls should be
formed in gabion baskets.
03.1 Character Area 1 - Ben Aigan View
1. Wetlands for sustainable drainage with
path network
2. Larger detached homes stepping down
hillside accessed from lanes / court
clusters with rear gardens facing onto
landscape space with hedges and
timber fencing not higher than 1200mm.
Homes should be afforded unbroken
views of landscape to the west.
3. New pedestrian lane lined with tree
species native to Scotland, rain gardens
to site south on stepped sections
4. Homes clustered around Wetlands with
rear gardens facing onto the landscape
space with native hedges and timber
fencing not higher than 1200mm. Rear
gardens should have gates into the
landscape. Homes should be afforded
unbroken views of landscape to the
north
5. Existing tree buffer to west, succession
planting of native mixed hedgerow and
native field trees to maintain boundary,
mixed hedgerow maintained to north
6. Formal orchard planting, fruiting trees.
7. Retained greenspace and view corridor.
8. Opportunities for community food
growing, composting and allotment
area.
Views / surveillance 
Primary site access
Lane
Low hedge
Fence
Key
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8
9
N
Diagram view P.T.O
Visual view
(Cover)
5
5
5
4
61
2
3
8
Visual view
P.T.O
View
Corridor
7
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Hillside Farm, Dufftown
Viewed through the existing tree lined edge to
Dufftown the Character of the homes should
integrate with the woodland setting.
The homes step down the hill and provide
a green outlook. Large west facing windows
provide natural surveillance over the shared park
space and bright doors face the lane. 
This character area mediates between the
density of The Lanes character area and the
rural edge of the town.
Ben Aigan View
Roof - Slate
Cladding - Natural Timber
Rainwater goods - Light grey metal
Doors - Accent Colour
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Stepping roofs viewed through the Woodland edge
Visual and physical connection
to the parkland with passive
surveillance
Homes afforded views
to the North
Dwelling fronts to
courts / streets
View corridor to be
maintained with
opportunities for lookout
point
Lansdscape CharacteristicsBuilding Material Palette
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Hillside Farm, Dufftown
The Lanes is a denser area of housing, clustered together with
long street elevations and strong visible gables. Repeating
house types and blocks will create a cohesive feel to the
streets which step down the hillside punctuated by green view
corridors thought the site.
Key characteristics of the area are:
• Placemaking, where homes sit close to the
street creating an intimate neighbourly
character.
• Pleasant shared-surface shared space streets
that run East West with pedestrian focused
lanes running North South.
• Green-blue infrastructure integrated into the
lanes with raingardens and rills.
• ‘Grid blocks’ of homes create enclosed and
generous private back gardens that adsorb
level changes.
• Lanes provide active travel links into Hill
Street and the Market Green.
• A central park space provides a play central
to the housing with passive surveillance from
surrounding homes.
Typologies and Uses:
• The central site access road forms a spine
through the lanes and housing.
• Homes should be organised in dense
clusters with long elevations forming strong
street edges with opportunities for denser
cottage flat house types to assist with level
changes and shared garden spaces.
• Boundary treatments to fronts should
provide for low walls or birdsmouth fencing,
with low native hedges at key corners and
gardens that adjoin tree crosses.
• Rear garden boundaries should be formed
with low height timber fencing with retaining
walls formed by gabions.
03.2 Character Area 2 - The Lanes and Spine
1. New pedestrian focused lane forming
green corridor through the site lined
with tree species native to Scotland and
providing long views to the landscape
to the north
2. Landscape buffer to site South to
provide screening and improved habitat
for wildlife
3. Rear garden courts (back to back) with
low-height boundary fencing not higher
than 1200mm and gabion retaining
walls
4. Shared surface street with trees and
hedging breaking down possible
dominance of car parking
5. Green cross where shared surface
streets are dissected by pedestrian
lanes with opportunities for
incorporating rain-gardens
6. Opportunities for cottage flat house
types to densify lanes and possibility to
introduce entrances to front and gable
elevations
7. Smaller arrangement towards Hill
Street, opportunities for smaller /
bungalow dwellings
8. Marker buildings at site gateways
9. Formal play space
10. Entrance points to shared surface
streets with raised table to prioritise
pedestrian movement and slow traffic
Views / surveillance 
Primary site access
Lane
Low native hedge
Fence
Retaining wall
Low maintance grassland
planting
Key
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View
Corridor
N
Marker
View
Corridor
Marker Marker
1
1
1
2
5 5
3
3
4
6
7
Diagram view
P.T.O
Diagram
view P.T.O
10
10
10
10
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Hillside Farm, Dufftown
Here vernacular materials are used in a formal
setting. Corrugated or zinc metal forms a crisp
outline and the street looks like a single metal
wrap.
An accent colour is used to distinguish key lane
elevations, highlight areas that give passive
surveillance as well as define street edges;
recesses and gables.
The Lanes
Roof - Dark grey metal
Cladding - Light grey or orange metal
Rainwater goods - Dark grey metal
Doors - Accent Colour
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July 2025 Collective Architecture
Stepped lanes and
view corridors linking 
focal green crosses
Level Streets with primary
elevations considered as a
wrapping material
Retention within back courts, slopes taken
up by garden spaces
Repeating block
structure
Landscape Characteristics
Landscape CharacteristicsBuilding Material Palette
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Hillside Farm, Dufftown
03.3 Character Area 3 - Eastern Courtyards
The Eastern Courtyards connect Hillside Farm into wider
Dufftown through pedestrian routes into the adjacent
neighbouring housing and wider town via the heritage trees
and Hillside Avenue.
Key characteristics of the area are:
• Placemaking, where dwelling clusters
terminate shared streets and create
pedestrian and play friendly spaces.
• New pedestrian connections to the
neighbouring housing helps knit Hillside into
Dufftown and create key routes to amenities
and public transport options in the town
centre. 
• Interwoven by the Western lane and view
corridor, blue green infrastructure intersects
the shared streets running East West.
• Back-to-back garden arrangements with
existing homes in Kininvie Court and Hillside
Ave. create cohesion with the edge often
town.
• To the site South, the heritage tree gateway
should be strengthened with succession
planting and a native grass and wildflower
planting strategy with on-the-go play
incorporated.
Typologies and Uses:
• Homes should be organised in courtyard
clusters reflecting the local rural steading
typology.
• Larger detached house types should be
combined with other types to terminate the
street and create variety.
• In-curtilage parking should be encouraged
to ensure the character of the shared street
is a courtyard and not a parking court.
• Rear garden boundaries should be formed
with low height timber fencing with retaining
walls formed by gabions.
1. New pedestrian focused link into
Market Green with works undertaken to
protect heritage trees. Succession tree
planting with species native to Scotland.
2. Upgraded pedestrian connections into
existing town and local amenities
3. Landscape buffer to provide improved
habitat for wildlife, succession planting
wild-flower meadow.
4. Opportunities for play-on-the-go within
lanes and buffer landscape.
5. Parking courts adjacent to lanes assist
with street density, provide turning
space for refuse vehicles or connecting
through routes on more gently sloping
parts of the hillside.
6. Larger detached homes with in-
curtilage parking provision and
enclosed rear gardens.
7. Landscape buffer with native species
hedging and tree planting to mirror
trees within Market Green
8. Dwelling entrances onto lanes creating
positive passive surveillance of outside
spaces.
Views
Primary site access
Lane
Low native hedge
Low maintenance grassland
planting
Connecting routes
Key
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N
View Corridor
View Corridor
View Corridor
2
2
Diagram
view P.T.O
1
3
4
5
5
5
6
4
Diagram
view P.T.O
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Hillside Farm, Dufftown
Materially, this character area borrows from the
crisp language of ‘the Lanes’ and central grid
plan of housing whilst offering a softer and more
sympathetic palette, to connect to the adjacent
homes and existing edge of Dufftown.
The wrapping language of the Lanes should
continue into the courts to terminate the streets,
highlighting key features and entrances.
The combined material palettes of ‘The Lanes’
and ‘Ben Aigan View’ bring variety and character
to the Eastern site edge create an eclectic mix
of materials. Material should carefully consider
street surfaces, furniture and wider path
connections.
Eastern Courtyards
Roof - Dark grey metal or slate
Cladding - Light grey metal or
timber
Rainwater goods - Light grey metal
Doors - Accent Colour
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Landscape CharacteristicsBuilding Material Palette
Path connections to
existing housing and
Highland Games pitch
Existing 1.8m high
fencing to gardens to
site perimeter
Connecting routes to wetlands
through housing
Active travel link
through historic trees
Perimeter housing
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Hillside Farm, Dufftown
A series of guidelines for the architectural approach have
been developed, to apply across the masterplan and should
provide a coherence across the character areas. These design
guidelines set the standard of design and quality for all scales
of future development. Future proposals must accord with the
guidance laid out in this section. However, final layouts and
materials will be fully defined as part of the detailed planning
design stages.
Gateways and Thresholds
Building colour ‘accents’ should be provided at
key gateways and junctions. These can create
markers, or identify important moments across
the masterplan that help with wayfinding.
Height and Differentiation
Residential buildings can use height to create
differentiation and a varied townscape.
Roofscape and Setbacks
The roofscape should be utilised to contribute
to the townscape of the development, creating
interest and variety in form.
Connection to the Environment
A variety of amenity spaces should be provided
to offer residents many opportunities to connect
to the natural environment.
Natural Light
Buildings should be designed to optimise
natural light, capture solar gain and
minimise overshadowing to external spaces.
Consideration should be given to how internal
spaces are orientated to take advantage of the
sun path through the day.
03.4 Architectural Guidelines
Balvenie Street
Dufftown
Collective
Architeture
Proctor &
Matthews
Collective
Architecture
Sponge Park BDP
Allison Brookes
Newhall
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Entrances
Entrances should be designed to be
recognisable elements that enhance the
streetscape and create a welcoming sense of
arrival.
Flexibility
Dwellings should have an integral flexibility
about how they can be utilised by different
households or at different stages of life
Fabric First
Buildings should be designed with a fabric first
approach to minimise energy demand
A Sense of Craft
Recessed entrances and window openings 
should create a sense of craft in the finer
detailing. Facade composition, window sizing
and positioning should create rich and visually
interesting buildings.
Robust and Natural Materials
A palette of materials should be developed that
provides coherence across the character areas.
Mixing materials with complimentary tones and
contrasting textures is to be promoted.
Sustainability and Locality
The embodied energy, sustainability and
environmental performance should be
considered in line with NPF4 Policies 1 & 2 and
Moray Council Policy guidance.
Dufftown Heritage
Consideration should be given to reflect the
local heritage through the material palette
and approach to forming façades such as
incorporating relief and depth.
Russwood Timber
Local Stone
Gabion
Image
Credits
Houses in Dufftown
Mikhail Riches
Clayfields
Goldsmiths
(Passivehaus)
Morris &
Co
W
ildernesse Mews
Shepardess W
alk
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Dwelling Boundaries
Boundaries should be designed to offer views of the
surrounding landscape and encourage day to day
neighbourly encounters.
Streets and Lanes
These should be multifunctional, hardworking spaces
that aim to be resource efficient in layout to reduce the
extent of hard infrastructure. There should be a people
first emphasis that promotes multi-use.
Communal Amenity Spaces
The gardens in the immediate surrounds of new homes
should be for the enjoyment of residents, with lush
planting, seating areas, well lit and paths for walking and
bikes.
Water Management
Rainwater management should take the principal of
allowing the landscape to manage rainfall and harness
water in a creative, attractive and biodiverse way.
SuDS features, such as rainwater swales, rain-gardens,
basins and ponds, should be used to bring diversity into
the heart of the development whilst providing effective
management of rainfall.
It is important that the SuDs features endeavour to
avoid being separated by fences or hard surfaces to
fulfil infrastructure functions without looking overly
engineered.
A series of guidelines for the landscape strategy have been
developed in tandem with the architectural guide on the
previous page.  The following elements contribute to support
development at Hillside Farm being a healthy and active
place. In general, future proposals must accord with the
guidance laid out in this section. However, final layouts and
materials will be fully defined as part of the detailed planning
design stages.
03.5 Landscape Guidelines
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Trees
Succession planting should be planned for, alongside
any new tree planting. Trees should be of medium
or large-growing species for the parkland areas with
medium / smaller sized trees for the streets, amenity
and play spaces.
Finishes
Natural toned surfaces such as buff coloured asphalt
should be considered to paths and cycleways. A simple
palette, that is robust and easy to maintain.
Allotments, Growing and Edible Landscapes
Spaces for community food growing is to be promoted.
The planting of fruiting landscapes should be
incorporated into any planting plan, appropriate to the
locale climate
Lighting
Lighting should be carefully designed to help people
feel safe moving around at night without impacting
nocturnal wildlife activity. New lighting will incorporate
smart technologies to direct light where it is needed, in
line with local authority requirements.
Play Areas
Play value does not derive just from the apparatus and
a playful landscape approach should be promoted.
Imaginative use of landform, vegetation, rocks, timber
and sand shall provide an exciting setting for any
apparatus that is included.
External Furniture
Seats should be provided in varied configurations for
more varied use. Seating should be provided at approx.
50m intervals on key routes to provide rest stops for
those requiring them. Seats should be associated with
trees, planting or activity.
Supporting Wildlife and Biodiversity
New habitats will support biodiversity including
wetlands, hedgerows and meadows. Timber bird
/ bat boxes / bug hotels should be mounting on
existing mature trees or in line with ecological
recommendations.
RFB
Image
Credits
Highline New
York
Causewayhead
Park
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Company Registered in Scotland No. 240055                 
VAT Registration No. 703 5568 41
1805-001 Doc_A4-P
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