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Agenda Document Pack - Planning and Regulatory Services Committee - 16/08/2022

Moray Council · 16 August 2022
Back to Planning and Regulatory Services Committee — 16 August 2022 and its agenda

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Planning and Regulatory Services Committee 
Tuesday, 16 August 2022 
NOTICE IS HEREBY GIVEN that a Meeting of the Planning and Regulatory
Services Committee is to be held at Council Chambers, Council Office, High
Street, Elgin, IV30 1BX on Tuesday, 16 August 2022 at 09:30. 
BUSINESS 
1 Sederunt 
2 Declaration of Group Decisions and Members Interests * 
3 Resolution
Consider, and if so decide, adopt the following resolution:
"That under Section 50A (4) and (5) of the Local Government
(Scotland) Act 1973, as amended, the public and media
representatives be excluded from the meeting for Items 14 and 15 of
business on the grounds that it involves the likely disclosure of exempt
information of the class described in the relevant Paragraphs of Part 1
of Schedule 7A of the Act.”   
4 Minutes 
4a) Minute of Meeting dated 31 May 2022 7 - 12
4b) Minute of Special Meeting dated 28 June 2022 13 - 66
5 Written Questions ** 
Guidance Note 67 - 68
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7 22/01057/PAN
Report by Depute Chief Executive (Economy, Environment and
Finance)  
Erection of Class 5 purposes with ancillary Class 4, the installation of
bio-refinery plant, formation of car parking and associated
infrastructure at North Street, Rothes, Aberlour, Moray  
69 - 74
8 22/00692/PAN
Report by Depute Chief Executive (Economy, Environment and
Finance)  
Phase 3 of residential development, serviced school site and
infrastructure at Elgin South, Elgin, Moray  
75 - 80
9 22/00900/PAN
Report by Depute Chief Executive (Economy, Environment and
Finance)  
New distillery process building, bio-plant, offices, warehousing, access
road and associated infrastructure at Miltonduff Distillery, Miltonduff,
Elgin, Moray, IV30 8TQ  
81 - 86
10 22/00920/PAN
Report by Depute Chief Executive (Economy, Environment and
Finance)  
Proposed primary school with nursery and ASN departments,
associated facilities, new access to facilitate off-street car parking and
drop-off, new external area for outdoor play on land to south of
Myreside Cottage, Covesea Road, Elgin  
87 - 92
11 22/00935/PAN
Report by Depute Chief Executive (Economy, Environment and
Finance)  
Proposed energy management and storage facility (with capacity of up
to 50 MW) comprising battery energy storage system, transformers,
inverters, cables, access track and boundary landscaping on land
south of Westerton Road, Keith  
93 - 98
12 Moray Council Archaeology Service 2021-22
Report by Depute Chief Executive (Economy, Environment and
Finance)  
99 -
116
13 Question Time ***
Consider any oral question on matters delegated to the Committee in
terms of the Council's Scheme of Administration. 
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14 Erection of Fence Contrary to Approved Plan at
Residential Property in Elgin
• Information, which if disclosed to the public, would reveal that the
Authority proposes, for the purposes of consultation, make an
order or direction under any enactment which might allow an
individual or organisation to defeat the purpose of the notice or
order; 
15 Breach of Planning Control - Breach of Planning
Conditions at Newmill, Keith
• Information, which if disclosed to the public, would reveal that the
Authority proposes, for the purposes of consultation, make an
order or direction under any enactment which might allow an
individual or organisation to defeat the purpose of the notice or
order; 
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.     
Any person wishing to attend the meeting should contact customer services
on 01343 563217 prior to the meeting as the number of attendees is restricted
due to the recent Covid pandemic 
You can however watch the webcast of the meeting by going to :
http://www.moray.gov.uk/moray_standard/page_43661.html 
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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 12 noon two working days prior to the day of the meeting.  A copy
of any written answer provided by the Chair will be tabled at the start of the
relevant section of the meeting.  The Member who has put the question may,
after the answer has been given, ask one supplementary question directly
related to the subject matter, 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. 
*** Question Time - At each ordinary meeting of the Committee ten minutes will be
allowed for Members questions when any Member of the Committee can put a
question to the Chair on any business within the remit of that Section of the
Committee.  The Member who has put the question may, after the answer has
been given, ask one supplementary question directly related to the subject
matter, but no discussion will be allowed. 
No supplementary question can be put or answered more than ten minutes
after the Committee 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/she can submit it in
writing to the proper officer who will arrange for a written answer to be provided
within seven working days. 
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THE MORAY COUNCIL 
Planning and Regulatory Services Committee 
SEDERUNT 
Councillor David Gordon  (Chair)
Councillor Marc Macrae  (Depute Chair)  
Councillor Neil Cameron  (Member)
Councillor John Cowe  (Member)
Councillor John Divers  (Member)
Councillor Amber Dunbar  (Member)
Councillor Donald Gatt  (Member)
Councillor Sandy Keith  (Member)
Councillor Scott Lawrence  (Member)
Councillor Graham Leadbitter  (Member)
Councillor Paul McBain  (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, 31 May 2022 
Council Chambers, Council Office, High Street, Elgin, IV30 1BX 
PRESENT 
Councillor John Divers, Councillor Amber Dunbar, Councillor Donald Gatt, Councillor
David Gordon, Councillor Sandy Keith, Councillor Scott Lawrence, Councillor
Graham Leadbitter, Councillor Paul McBain, Councillor Bridget Mustard, Councillor
Sonya Warren 
APOLOGIES 
Councillor Neil Cameron, Councillor John Cowe, Councillor Marc Macrae. It was
noted that Councillors Cameron, Cowe and Macrae could not attend the meeting
because of the need to attend to other Council business. 
IN ATTENDANCE 
Head of Economic Growth and Development, Development Management and
Building Standards Manager, Mr R Smith, Principal Planning Officer, Mr A Miller,
Senior Planning Officer, Strategic Planning and Development Manager, Ms
Webster, Senior Planning Officer (Strategic Planning and Development), Ms R
MacDougall, Planning Officer, Legal Services Manager and Mrs L Rowan,
Committee Services Officer as Clerk to the Committee.   
1         Chair 
Councillor Gatt, being Chair of the Planning and Regulatory Services Committee,
chaired the meeting. 
2         Declaration of Group Decisions and Members Interests 
In terms of Standing Order 20 and the Councillors’ Code of Conduct, there were no
declarations from Group Leaders or Spokespersons in regard to any prior decisions
taken on how Members will vote on any item on the agenda or any declarations of
Member’s interests in respect of any item on the agenda.    
3         Resolution 
The meeting resolved that in terms of Section 50A (4) and (5) of the Local
Government (Scotland) Act 1973, as amended, the public and media
representatives be excluded from the meeting during consideration of the items of
business appearing at the relevant paragraphs of this minute as specified below, so
as to avoid disclosure of exempt information of the class described in the
appropriate paragraphs of Part 1 of Schedule 7A of the Act.  
Item 4a)
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Paragraph No. of Minute  Paragraph No. of Schedule 7A
14 13 
4         Minutes 
The Minutes of the Meeting of the Planning and Regulatory Services Committee
dated 1 March 2022 and the Special Meeting of the Planning and Regulatory
Services Committee dated 4 April 2022 were submitted and approved.   
5         Written Questions 
The Committee noted that no written questions had been submitted.   
6         22/00523/PAN 
Proposed battery energy storage system and associated infrastructure on
land adjacent to electricity substation, Westerton Road, Keith, Moray  
A report by the Depute Chief Executive (Economy, Environment and Finance)
informed the Committee that a Proposal of Application Notice (PAN) was submitted
on 30 March 2022 by Keith Renewables Ltd.  
During discussion surrounding the proposal, the following points were raised and
the Development Management and Building Standards Manager agreed to pass
these to the Developer for consideration when preparing to submit the planning
application:  
• ensure appropriate safety measures are taken in relation to fire/explosion
risks as the proposal is close to playing fields and Keith Primary School;
• encourage public face to face consultations as Covid restrictions are easing.  
Thereafter, the Committee agreed: 
1. to note the terms of the report and asked that the following provisional
views/relevant issues be recorded and forwarded to the Applicant in order to
inform the development of their proposed formal application for planning
permission: 
• ensure appropriate safety measures are taken in relation to fire/explosion
risks as the proposal is close to playing fields and Keith Primary School;
• encourage public face to face consultations as Covid restrictions are
easing; and 
2. that the matters raised by the Committee also be forwarded to consultees likely
to be involved in any formal application for planning permission for the proposal.  
7         22/00631/PAN 
Erection of warehouses (up to 50,000 sqm), land engineering (cut and fill),
realignment of core burn and associated engineering and infrastructure works
at land to south of Crisp Maltings, Portgordon, Buckie
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A report by the Depute Chief Executive (Economy, Environment and Finance)
informed the Committee that a Proposal of Application Notice (PAN) was submitted
on 24 April 2022 on behalf of William Grant and Sons Distillers Limited.  
During discussion surrounding the proposal, the following points were raised and Mr
Miller, Senior Planning Officer agreed to pass these on to the Developer for
consideration before submitting the planning applicaton:  
• ensure appropriate safety measures are taken in relation to fire/explosion
risks; 
• ensure that security lighting does not have a negative impact on houses at
Portgordon crossroads;
• mitigate against the displacement of wildlife;
• concern regarding realignment of the burn that flows through the site due to a
serious flooding issue a few years ago;
• consideration be given to any displacement of any walk ways;
• ensure archaeological survey is completed;
• encourage public face to face consultations as Covid restrictions are easing
including Buckie Community Council as the proposal is close to the Buckie
border;
• consideration be given to the impact of increased vehicle movements and
pressure on junctions, in particular the junction on the A98, and improve if
need be;
• confirmation that the warehouses are being used for maturation.  
The Legal Adviser advised that the Committee could suggest that face to face public
consultation is carried out however the Developer is entitled to hold online
consultations until the Covid regulations have been amended.  This was noted.  
Thereafter, the Committee agreed:-  
1. to note the terms of the report and asked that the following provisional
views/relevant issues be recorded and forwarded to the Applicant in order to
inform the development of their proposed formal application for planning
permission:  
• ensure appropriate safety measures are taken in relation to
fire/explosion risks 
• ensure that security lighting does not have a negative impact on houses
at Portgordon crossroads;
• mitigate against the displacement of wildlife;
• concern regarding realignment of the burn that flows through the site
due to a serious flooding issue a few years ago;
• consideration be given to any displacement of any walk ways;
• ensure archaeological survey is completed;
• encourage public face to face consultations as Covid restrictions are
easing including Buckie Community Council;
• consideration be given to the impact of increased vehicle movements
and pressure on junctions, in particular the junction on the A98, and
improve if need be;
• confirmation that the warehouses are being used for maturation; and 
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2. that the matters raised by the Committee also be forwarded to consultees
likely to be involved in any formal application for planning permission for the
proposal. 
8         22/00067/S36 
Install a battery energy storage system (BESS) with associated infrastructure
at Blackhillock Electricity Substation, Keith  
A report by the Depute Chief Executive (Economy, Environment and Finance) asked
the Committee to consider a proposed response to a consultation request from the
Scottish Government Energy Consents Unit (ECU) in relation to an Electricity Act
1989 Section 36 application (which includes deemed planning permission) to install
a Battery Energy Storage System of up to 300 megawatts and associated
infrastructure at a site 400m to the southeast of the Blackhillock Electricity
Substation, Keith.  
Following consideration, the Committee agreed:  
1. to note the contents of the report, as set out in Appendix 1, including the
conclusions regarding the planning and wider merits of the proposed
development; and 
2. that, where taking into account the Moray Local Development Plan 2020 and
all material considerations and subject to the conditions contained within
Appendix 1, Moray Council does not object to the Section 36 application. 
9         Planning Policy Guidance - Moray Local Development Plan 2020 
Under reference to paragraph 13 of the Minute of the meeting of the Planning and
Regulatory Services Committee dated 23 March 2021, a report by the Depute Chief
Executive (Economy, Environment and Finance) asked the Committee to approve
planning policy guidance for policy DP1 Development Principles, DP7 Retail/Town
Centre, PP3 Infrastructure Services and update previous planning policy guidance
for EP7 Trees and Woodlands and EP10 Listed Buildings.  
Following consideration, the Committee agreed:  
1. to approve the planning policy guidance for the Moray Local Development
Plan (MLDP) 2020 as set out in Appendix 1 of the report; 
2. the planning policy guidance will be used as a material consideration in the
determination of planning applications; and 
3. to note that this planning policy guidance will be combined with the guidance
approved by the Planning and Regulatory Services Committee in September
and November 2020 and March 2021 into one document. 
10         Housing Land Audit 2022 
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A report by the Depute Chief Executive (Economy, Environment and Finance)
summarised the housing land supply situation in Moray and asked the Committee to
agree the final version for the Moray Housing Land Audit 2022.  
Following consideration, the Committee agreed:  
1. to note the housing land supply in Moray; 
2. the response to the consultation on the draft audit, as set out in Para 4.3 of
the report; and 
3. the finalised Moray Housing Land Audit 2022, as set out in Appendix 1 of the
report. 
11         Employment Land Audit 2022 
A report by the Depute Chief Executive (Economy, Environment and Finance)
summarised the employment land supply in Moray and asked the Committee to
agree the final version of the Moray Employment Land Audit 2022.  
Following consideration, the Committee agreed:  
1. to note the employment land supply in Moray; 
2. the responses set out in Section 4 of the report; and 
3. to approve the finalised Moray Employment Land Audit 2022, as set out in
Appendix 1 of the report. 
12         Consultation on Proposed Changes to Fees Charged for Applications
under the Electricity Act 1989 
A report by the Depute Chief Executive (Economy, Environment and Finance) asked
the Committee to consider the consultation issued by the Scottish Government on
the proposed changes to fees for applications submitted under the Electricity Act
1989.  
Following consideration, the Committee agreed:  
1. to note the contents of the consultation paper set out in Appendix 1 of the
report;  and 
2. the consultation response to be sent to Scottish Government set out in para
5.2 of the report. 
13         Question Time 
Councillor Divers stated that it was his understanding that, when apologies are
given for a Committee meeting, the reason was provided.  
In response, the Legal Adviser advised that she was not aware that any Councillor
had to provide a reason for absence however confirmed that the 3 Councillors who
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had given apologies for today’s meeting were on official Council business at the
opening of the new Lossiemouth foot bridge.  
Councillor Warren sought an update in relation to enforcing planning conditions and
whether this was adequately staffed.  
In response, the Development Management and Building Standards Manager
advised that currently the Council had a Planning Officer who deals with any
breaches of planning control and another Condition Compliance Officer however the
wider team and consultees also support the Condition Compliance Officer and that
there were no issues at this time.  
The Legal Services Manager further confirmed that further detail in relation to
enforcement is reported to the Committee via the Monitoring Report, the most
recent being 1 March 2022.    
14         Breach of Planning Control - Breach of Planning Conditions Land at
Rafford, Forres 
A report by the Depute Chief Executive (Economy, Environment and Finance)
informed the Committee of a breach of planning conditions at land at Rafford,
Forres.  
Following consideration, the Committee agreed:-  
1. to Officers issuing a Breach of Condition Enforcement Notice under Section
127 of the Town and Country Planning (Scotland) Act 1997; 
2. that the Breach of Condition Enforcement Notice will require the developer to
fully comply with conditions 1, 2, 3 and 11 of planning application reference
number 18/01583/APP in relation to the provision of a passing place, visibility
splay, bin storage and landscaping respectively; and 
3. if required, authorise direct action to remedy the breach of conditions in
relation to the provision of a passing place, visibility splay, bin storage and
landscaping if the Enforcement Notice is not complied with within the
specified time and recover costs from the developer.   
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MORAY COUNCIL 
MINUTE OF THE SPECIAL MEETING OF THE PLANNING AND REGULATORY
SERVICES COMMITTEE 
28 JUNE 2022 
COUNCIL CHAMBERS, ELGIN 
PRESENT 
Councillors Gatt (Chair), Divers, Dunbar, Keith, Leadbitter, McBain, Mustard and
Warren. 
APOLOGIES 
Apologies were intimated on behalf of Councillors Cameron, Cowe, Gordon,
Lawrence and Macrae.  It was noted that Councillors Cameron, Gordon, Lawrence
and Macrae could not attend the meeting because of the need to attend to other
Council business. 
IN ATTENDANCE 
Head of Economic Growth and Development, Development Management and
Building Standards Manager, Mr N MacPherson, Principal Planning Officer, Mr R
Smith, Principal Planning Officer, Strategic Planning and Development Manager, Mrs
D Anderson, Senior Engineer (Transportation), Ms Webster, Senior Planning Officer
(Strategic Planning and Development), Mr A Miller, Senior Planning Officer, Ms L
MacDonald, Senior Planning Officer, Environmental Health and Trading Standards
Manager, Legal Services Manager and Mrs L Rowan, Committee Services Officer as
Clerk to the Committee. 
1. DECLARATION OF GROUP DECISIONS AND MEMBER’S INTERESTS 
In terms of Standing Order 20 and the Councillors’ Code of Conduct, there were no
declarations from Group Leaders or Spokespersons in regard to any prior decisions
taken on how Members will vote on any item on the agenda. 
Councillor Dunbar stated that she had been contacted by an objector to item 12a)
Planning Application 20/00781/APP however had disregarded the information
provided and was able to determine the application.  Councillor Divers declared an
interest in item 8 Planning Application 21/01217/APP, item 9 Planning Application
21/01350/APP, item 10 Planning Application 21/01717/APP, item 11 Planning
Application 21/01801/APP and item 12 Planning Application 21/01821/APP as his
son works for the developer and stated that he would leave the meeting during
determination of these planning applications.  There were no other declarations of
Member’s interests in respect of any item on the agenda. 
2. EXEMPT INFORMATION 
Item 4b)
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The meeting resolved that in terms of Section 50A (4) and (5) of the Local
Government (Scotland) Act 1973, as amended, the public and media representatives
be excluded from the meeting during consideration of the items of business
appearing at the relevant paragraphs of this minute as specified below, so as to
avoid disclosure of exempt information of the class described in the appropriate
paragraphs of Part 1 of Schedule 7A of the Act. 
Paragraph No. of Minute  Paragraph No. of Schedule 7A
15 12 
3. PLANNING APPLICATION 22/00339/APP 
WARD 2: KEITH AND CULLEN 
Section 42 Application to modify Condition 1 of planning permission
(17/01198/EIA / PPA-300-2052) granting permission for "a period of 30 years
from the date when electricity if first exported from any wind turbine within the
development to the electricity network (First Export Date)" to granting a
permission for a period of 35 years Lurg Hill Deskford Moray for Vento Ludens
Ltd 
A report was submitted by the Appointed Officer recommending that, for reasons
detailed in the report, planning permission be granted for an application for a Section
42 Application to modify Condition 1 of planning permission (17/01198/EIA / PPA-
300-2052) granting permission for "a period of 30 years from the date when
electricity if first exported from any wind turbine within the development to the
electricity network (First Export Date)" to granting a permission for a period of 35
years Lurg Hill Deskford Moray for Vento Ludens Ltd.. 
It was noted that the application had been referred to Committee in terms of the
Scheme of Delegation as the overall area of the proposed site exceeds a maximum
of 2 hectares. 
During discussion surrounding the recycling of the materials associated with the
development at the end of their lifespan, it was queried whether a condition could be
added to ensure this. 
In response, Mr Smith, Principal Planning Officer advised that adding a condition of
this nature was not appropriate as the application was for a Section 42 application to
extend the operational lifetime only however an informative could be added to the
decision to this effect.  This was agreed. 
Thereafter, the Committee agreed to grant planning permission in relation to
Planning Application 22/00339/APP subject to: 
• the inclusion of an informative in relation to the recycling the materials
associated with the development at the end of their lifespan; and 
• the following conditions and reasons: 
1. The permission as hereby granted is for a period of 35 years from the date
when electricity is first exported from any wind turbine within the development
to the electricity grid network (First Export Date), and written confirmation of this
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First Export Date shall be provided to the Council, as planning authority within
one month thereof. 
Reason: To define the duration of the permission. 
2. In the event that any wind turbine(s) installed and commissioned fail(s) to
supply electricity on a commercial basis to the grid for a continuous period of 6
months, or is no longer required, the turbine(s) in question shall be deemed to
have ceased to be required. Under such circumstances, any wind turbine(s)
along with any ancillary equipment, fixtures and fittings no longer required in
connection with the remaining turbine(s) shall be dismantled and removed from
the site within 3 months of the end of the said continuous 6 month period, or
when ceasing to be no longer required. 
Thereafter, the surrounding land shall be re-instated in accordance with a re-
instatement scheme to include specification of all works and timescale for re-
instatement of the land which shall previously have been submitted to and
approved by the Council, as planning authority. 
Reason: To ensure that any redundant or non-functioning wind turbine(s) is/are
removed from the site in the interests of public safety, amenity and
environmental protection and to ensure acceptable arrangements for the re-
instatement of the ground are provided. 
3. No development shall commence until: 
a)  a draft Decommissioning and Site Restoration Plan for the site has been
submitted to and approved in writing by the Council, as planning authority
in consultation with SEPA, SNH and/or other agencies as appropriate;
and 
b)  thereafter, and not later than 12 months prior to the expiry of this
permission or decommissioning of the development, whichever is the
sooner, a detailed Decommissioning and Site Restoration Plan, based
upon the principles outlined in the approved draft Plan, shall be submitted
to and approved by the Council, as planning authority in consultation with
SEPA, SNH and/or other agencies as appropriate. 
The required/proposed plans shall include provision for all turbines and
ancillary infrastructure and equipment (including all buildings and structures,
hardstandings and tracks, etc.) to be decommissioned, de-energised and
dismantled to at least ground level and thereafter, removed from the site
together with the arrangements to retain any access tracks and other
infrastructure on the site, the treatment of disturbed ground surfaces, the
management and timing of all proposed works, the provisions for environmental
management including traffic and other plans to address issues and impacts
likely to arise during the decommissioning period and the provisions for the
restoration and aftercare of the site. 
Thereafter, the development shall be decommissioned and the site restored
and re-instated in accordance with the approved Plan details. 
Reason: To ensure the arrangements for both decommissioning of the
development and re-instatement of the site are undertaken in an appropriate
environmentally acceptable and timeous manner, with all wind turbines and
associated infrastructure permanently removed from the site in the interests of
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safety, environmental protection, amenity and appearance of the site and the
surrounding area. 
4. Prior to the development commencing, details shall be submitted to and
approved in writing by the Council, as planning authority regarding evidence of
a bond or other similar financial provision to be put in place to cover all
decommissioning and site restoration costs on the expiry of the permission or
where the turbines cease to be required, whichever is the sooner. The required
bond or equivalent shall: 
a)  be based on the Decommissioning and Site Restoration Plan (as required
by Condition 3);
b)  include documentary evidence to demonstrate that the amount of the
bond or financial provision is sufficient to meet the full estimated costs of
decommissioning and site restoration, including dismantling, removal,
disposal, site restoration, remediation and all other incidental works and
professional costs; and 
c)  include details to ensure and demonstrate that the proposed financial
arrangements will be maintained and be subject to periodic review
throughout the lifetime of the development. The findings of each
successive review shall be submitted to and approved by the Council, as
planning authority, and include evidence to demonstrate that financial
arrangements continue to remain in place and remain sufficient for both
the decommissioning of the development and restoration of the site. The
review period shall be not less than 5 yearly intervals from
commencement of the development, or such other period as may be
agreed in writing with the Council, as planning authority. 
Thereafter, the development shall not commence until written evidence has
been provided to the Council, as planning authority to confirm that the approved
bond or financial provision arrangement has been put in place. 
Reason: To ensure that sufficient funds are available to address the
anticipated arrangements and estimate of costs of decommissioning and re-
instatement and restoration of the site. 
5. No development shall commence until details have been submitted to and
approved by the Council, as planning authority in consultation with SNH, SEPA
and other agencies where appropriate regarding: 
a)  confirmation of the make, model, design, power rating and sound power
levels of all turbines to be used (and at all times the total number of
turbines to be erected shall not exceed 5 and the blade tip height shall not
exceed 130m above ground level); 
b) the external colour and/or finish of the turbines including towers, nacelles
and blades, which shall be non-reflective, semi-matt pale grey/off-white; 
c) unless otherwise located within the tower of each wind turbine, the
location, design specifications and external material finishes and colour of
any external wind turbine transformer housing together with details,
including landscape and visual impact information, to demonstrate that the
external housing will not adversely affect the landscape and visual
character, integrity and amenity of the site and the surrounding area; 
d) for the sub-station compound, the design external appearance and
material finishes and colour of all proposed buildings and structures to be
erected, stationed or installed within the compound area (including any
sub-station control building) together with the finalised site layout
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arrangements including the location, dimensions, external appearance
and surfacing materials for the compound area, all fencing or other means
of enclosure to be erected and all other proposed/required ancillary
infrastructure to be provided including any required/proposed external
switch gear infrastructure to be located within the compound, the
arrangements for access and parking and disposal of foul and water from
the compound area, external lighting arrangements (where proposed),
etc.; 
e)  for the temporary construction compound, the location, extent and site
layout arrangements including the placement and purpose/use of all
buildings/structures within the compound, areas for storage of materials,
parking, disposal of foul and surface water, means of enclosure, and
external lighting arrangements, etc. together with timescales for both
establishment and removal of the temporary construction compound and
details for restoration and re-instatement of the site following removal of
the temporary compound; 
f)  detailed access track designs for all on-site access tracks and passing
places, to include their location and routing, design construction
specifications and surfacing materials, and the arrangements for drainage
disposal for each track section. 
g)  the location(s) and design specification(s) for all required/proposed up-
graded existing and new watercourse crossings and engineering works
within the water environment. With the exception of any proposed
watercourse crossings and directly related tracks, the details shall
demonstrate that all new infrastructure works occur outwith a 50m buffer
area from water features on the site unless justification is provided, all
watercourse crossings shall be adequately sized to enable them to
accommodate 1 in 200 year peak flows (with allowance for climate
change of 30% increase in flows) at each point without causing
constriction of flows or increasing the risk of flooding elsewhere, and
where watercourse crossings cannot be avoided, the use of bottomless or
arched culverts (or bridging solutions) which do not affect the bed or
banks of the watercourse, and all designs of crossings shall follow good
practice guidelines; 
h)  a drainage assessment or strategy to manage all drainage from the site to
include the location(s) and design specification(s) and timescale(s) for
provision of the arrangements for the disposal of foul and surface water
from the site, the former shall include the disposal of effluent from the site
and the latter shall incorporate SUDs, and provide for details to address
both construction and operational stages of the development and
demonstrate how run-off will be managed to minimise the risk of flooding,
erosion, sediment run-off and pollution of any watercourse. (These details
may be incorporated within any site specific Construction and
Environmental Management Plan (CEMP) (see Condition 6 below)); 
i)  details of all required/proposed pre-commencement of development
ecological surveys to be undertaken to determine the presence or
otherwise of any designated habitat or protected species, to include a
schedule identifying which habitats and species will be subject to survey,
the scope and time-scale(s) for undertaking each survey, and thereafter
the results of the surveys together with all further measures
required/proposed to mitigate the impact of the development upon species
and habitats as identified within the Environmental Statement (Chapter 13
Ecology and Ornithology refers). This shall include a goshawk breeding
survey prior to construction or felling as recommended within Chapter 13.
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(These details may be incorporated within any site specific CEMP (see
Condition 6 below));
j) details of all further targeted ground investigation works to inform the geo-
technical design for each element of the development, to include a
schedule to identify which works element will be subject to further
investigation, and thereafter the outcomes of such investigation, to include
the location and design specification for further works and all measures
required/proposed to mitigate the impact of the development works. Site
compounds that are required to enable the site investigation works shall
be agreed with the Planning Authority in advance in terms of siting and
form of construction. (These details may be incorporated within any site
specific CEMP (see Condition 6 below)); 
k)  where potentially affected by the development, for example by
constructing new or up-graded existing access tracks, details of the
arrangements to monitor private water supplies during all stages of the
development, and in the event of any adverse effect(s) on water quality or
quantity being identified, the arrangements and procedures to undertake
restorative and remedial works to maintain any supply (as recommended
within the Environmental Statement, Chapter 12 refers); This shall include
in particular measures to monitor the supply known as ‘Mid Skeith’ to
detect any changes to water quality and allow for further mitigation
measures to be put in place if necessary; and 
l)  confirmation of all required/proposed mitigation measures (where not
already embedded within the submitted design and layout of the
development) for all stages of the development, to be contained within a
Schedule of Mitigation or similar together with details regarding the
process to control/action changes from any agreed Schedule of Mitigation.
The Schedule shall include (but not be limited to) all required/proposed
measures to mitigate the impact of the development upon the water
environment (hydrology, hydrogeology and geology) and nature
conservation (ecology and ornithology including protected species and
sensitive habitat) interests. (These details may be incorporated within any
site specific CEMP (see Condition 6 below)). For the avoidance of doubt
this permission does not include approval for the formation of any borrow
pits. 
Thereafter, the development shall be implemented in accordance with the
approved details 
Reason: Details of the matters specified are lacking from the submission and
to ensure an acceptable form of development in landscape, visual and/or other
environmental considerations, including addressing the risk of damage from
flooding and surface water effects including pollution, erosion and sediment
impacts on the environment, to minimise impacts on ecological habitats, in the
interests of good land management and protection and enhancement of
habitats, and to maintain the wholesome provision of any private water supply
where affected by the development. 
6. No development shall commence until details have been submitted to and
approved by the Council, as planning authority in consultation with SEPA and
SNH and other agencies as appropriate regarding a site-specific Construction
and Environmental Management Plan (CEMP). The CEMP shall address all
issues for all stages of the development (i.e. pre-construction, construction,
operation and decommissioning), identify all works and elements of the
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development potentially capable of giving rise to pollution or causing
environmental harm, and identify all required/proposed measures to mitigate
the identified impacts, including those as set out in the Environmental
Statement (Volume 1 Written Statement) and in particular, but not limited to,
those identified in relation to the water environment (Chapter 12, Hydrology,
Hydrogeology and Geology/Peat) and ecology and ornithology (Chapter 13
Ecology and Ornithology). The CEMP shall demonstrate the incorporation,
rather than by reference alone, of SEPA’s Pollution Prevention Guidelines
including those relating to construction and provide for (but not be limited to)
the following: 
a)  methods of construction and working for the provision of all turbines and
site infrastructure; 
b)  site waste management plan – for all aspects of waste produced on the
site; 
c)  pollution prevention and control measures – to include arrangements for
storage and management of oil, fuel and concrete on the site; 
d)  construction surface water management plan - to include a map of all
watercourses and ditches on site and all proposed infrastructure,
mitigation proposals and justification of appropriateness, a map of all
proposed mitigation locations (i.e. silt fences, straw bales, cross drains,
settlement lagoons, etc.) and details of procedures for dealing with
emergencies and spills; 
e)  drainage management plan - to address the management of foul and
surface water drainage, in both water quality and quantity terms and the
arrangements to dispose of foul effluent, and manage surface water to
prevent flooding, and pollution of water courses (see Condition 5 g) 
f)  stream crossings and all watercourse engineering (see Condition 5 f)); 
g)  peat protection/management plan to show how the finalised micro-sited
layout has been designed to minimise impact on and avoid areas of deep
peat; 
h)  emergency procedures to include the locations and use of spill kits, etc.
and provisions for staff training; 
i)  adverse weather (wet weather) working – to include an action plan (after
H&S considerations) about arrangements for working and assessment of
potential damage including sediment mitigation, use of equipment (for
example, pumps), etc.; 
j)  ground and surface water management and treatment - to include details
for monitoring (to be established prior to the commencement of works on
site and thereafter for all subsequent stages of the development), and a
response plan to detail actions to be taken should impacts on the water
environment occur; 
k)  water abstraction – to include details of any abstraction/dewatering,
proposed quantities, uses and discharges including use of any temporary
sub-surface water controls such as de-watering during construction (and
where de-watering is used, the Plan shall demonstrate that any such
discharges are limited to discharges that are of uncontaminated
groundwater abstracted directly through boreholes/well pointing and
discharged without contact with any other drainage run-off);
l)  formation of construction compound to include the arrangements for
refuelling, tools and materials storage, car parking and concrete batching
plant, settlement lagoons (to prevent cement and concrete washing out
into ground or surface water) and the details of the final outfall to surface
or groundwater and the arrangements to treat such effluent prior to
discharge, for example by installation of a treatment plant or use of
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alternative arrangements (for example, that wash out water is tankered
off-site, etc.); 
m)  dust management plan; 
n) measures to prevent loose or deleterious material being deposited on the
local road network including provision for on-site wheel cleaning, etc. 
o)  noise management plan - to identify all sources of noise emissions
associated with the construction phase of the development together with
details of all measures to manage and mitigate the effects of construction
noise occurring at and within the site; 
p)  species protection plans – to include arrangements for pre-
commencement surveys to confirm presence or absence of species and
habitats, timing(s) of works to avoid disturbance, development of buffer
areas to prevent encroachment onto and into areas of protected species
and valued habitats (see Condition 5 i)); 
q)  invasive non-native species protocol – to address all bio-security and
other measures to be adopted to remove or prevent the spread of any
non-native plant species on the site; and 
In addition, the CEMP shall include reference to the terms of appointment of an
appropriately qualified Ecological Clerk of Works (ECoW), to be appointed by
the applicant/developer/wind turbine operator and approved by the Council, as
planning authority in consultation with SNH. The terms should identify the
period(s) of appointment and the remit of the ECoW in terms of roles and
responsibilities which should include (but not be limited to) undertaking pre-
construction survey work and monitoring compliance with the hydrological and
ecological/ornithological commitments and mitigation arrangements to be
undertaken, as identified in the Environmental Statement and other supporting
documents including the CEMP, overseeing the placement of development
infrastructure within the site and addressing all environmental considerations,
and the arrangements for reporting upon works undertaken on site and
incidences of non-compliance of works to the Council, as planning authority
and the applicant/developer/wind farm operator’s construction representatives. 
Thereafter, the development shall be carried out in accordance with the
approved Plan. 
Reason: In order to ensure that all development works are undertaken and
managed in an environmental acceptable manner and to minimise the impacts
arising from construction and operation of the development upon the
environment, to secure detailed information on the delivery of mitigation works
and measures as identified which are current lacking from the submitted
particulars and to secure effective monitoring and compliance of all
required/proposed environmental and ecological mitigation and management
measures associated with implementation of the development. 
7. The blades of all turbines shall rotate in the same direction and no name,
symbol, sign or logo or similar means of advertisement, other than those
required for health and safety reasons, shall be displayed on any part of the
turbines, masts, buildings/ structures and plant, or other infrastructure
associated with the development without the prior written consent of the
Council, as planning authority. 
Reason: To minimise the visual impact arising from the appearance of the
development. 
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8. The compensatory planting proposals as detailed within the accompanying
document entitled Updated Forestry Replanting Specifications, Revised 3rd
March 2018 shall be implemented in full, unless otherwise agreed in writing
with the planning authority. 
Reason: To mitigate the effects of the development on woodland and ensure
provision of satisfactory compensatory planting. 
9. The proposed route for any abnormal loads on the trunk road network must be
approved by the trunk roads authority prior to the movement of any abnormal
load. Any accommodation measures required including the removal of street
furniture, junction widening, traffic management must similarly be approved. 
Reason: To ensure that the transportation of abnormal loads will not have any
detrimental effect on the trunk road network. 
10. Any additional signing or temporary traffic control measures deemed necessary
due to the size or length of loads being delivered must be undertaken by a
recognised Quality Assured traffic management consultant, to be approved by
the trunk road authority before delivery commences. 
Reason: To ensure that the transportation of abnormal loads will not have any
detrimental effect on the trunk road network. 
11. Prior to the commencement of any part of the development: 
a)  detailed proposals for undertaking trial runs and also delivery of abnormal
indivisible loads, must be submitted for approval by the Planning Authority
in consultation with Roads Authority. Details must include but not be
limited to detailed proposals (1:200 drawing) of the temporary measures
to be provided and the proposed access onto the C4L, temporary and
permanent modifications and measures required to protect the public road
and structures, traffic, vehicle holding areas and non-vehicular
management during deliveries, time restrictions for deliveries i.e. outwith
school crossing patrol times. 
b)  a Construction Traffic Management Plan (CTMP) must be submitted for
approval by the Planning Authority in consultation with the Roads
Authority. The traffic management plan must cover the duration of the
development, methods of dealing with the large delivery vehicles. The
plan shall also include, the methods of marshalling and manoeuvring at
junctions on the public road network and any temporary traffic waiting
restriction requirements and all modifications to the road network and
traffic management arrangements. Routes for deliveries to and from the
site and confirmations of routes not to be used by construction vehicles
and workers to access the site. 
c)  details (1:200 scale drawing) of the proposed access junction onto the
C4L (Bogmuchals - Berryhillock Road) must be submitted and approved
by the Planning Authority in consultation with the Roads Authority. The
width of the vehicular access shall be a minimum of 7.3m and have a
maximum gradient of 1:20 measured for the first 25m from the edge of the
public carriageway (B9010). The first 25 metres of the access shall be to
The Moray Council specification and surfaced with hot rolled asphalt. Any
existing ditch, watercourse or drain under the site access shall be piped
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using a 300mm minimum diameter of pipe. The pipe shall be laid to a self-
cleansing gradient. 
d)  a detailed drawing (scale 1:500 or 1:1000 which shall also include details
to demonstrate control of the land ) showing a visibility splay 4.5 metres
by 160 metres and a schedule of maintenance for the area within the
visibility splay shall be submitted to and approved by the Council, as
Planning Authority in consultation with the Roads Authority. 
e)  detailed drawing(s) (scale 1:500) showing the location and design of 3
passing places at locations to be agreed with the Roads Authority. One
approximately 50 -100m to the west of the proposed access onto the C4L
to replace the existing passing place at the access onto the C4L. The
second (to achieve a maximum passing place spaced of not more than
150m) to be located approx. 50 - 100m to the east of the proposed access
onto the C4L. The third passing place to be located approx. 130-150m
east of the existing passing place at Greenhill (to achieve a maximum
spacing of not more than 150m between passing places). 
Thereafter, the works shall be implemented in accordance with the approved
details. 
Reason: To ensure an acceptable development in road safety terms through
the provision of details currently lacking. 
12. Prior to the commencement of construction and deliveries: 
a)  Evidence that a S96 ‘Wear and Tear’ agreement between the developer
and the Roads Authority has been completed and signed by both parties,
must be submitted to the Planning Authority. The scope of the agreement
shall assess, monitor and address the impact of construction and delivery
traffic on the road network for the duration of the construction of the
development and must include all roads within the Moray Council area
between the site access and the first ‘A’ class road along the agreed
construction access route(s). 
b)  Abnormal load trial run(s) must be undertaken after all mitigation works
have been completed to confirm the works are acceptable and to identify
any other restrictions not previously addressed and the frequency and
location of abnormal load passing places/oncoming vehicle holding areas
required. Representatives from Moray Council Transportation (Traffic),
and Police Scotland must be invited to the trial run. 
c)   Prior to any abnormal indivisible load being delivered to the site, all
suspensive works approved through condition (1 a,b,c,d,e) required prior
to commencement of construction, must be provided in accordance with
the approved plans. Any works undertaken are to be permanent for the
duration of the operation of the development unless otherwise agreed in
writing with the Roads Authority. 
d)   The visibility splay of 4.5m by 160m shall be provided and thereafter the
visibility splay shall be maintained at all times free from any obstruction
exceeding 1.0 metres above the level of the carriageway in accordance
with the agreed schedule of maintenance. 
Thereafter, the works shall be implemented in accordance with the approved
details. 
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Reason: The provision of details currently lacking and in order to ensure that
acceptable infrastructure is provided on the route to/from the development in
the interests of road safety. 
13. At the reasonable request of the Council, as planning authority following receipt
of any complaint where interference to domestic television reception is caused
as a result of the development hereby approved, the applicant/developer/wind
turbine operator shall take steps to make good the reception, either by
eliminating the cause of the interference or by providing an alternative means
by which television signals may be received. Within two (2) weeks of being
notified by the Council, as planning authority of the existence of such
interference (or within a longer period as the planning authority may allow) the
applicant/developer/wind turbine operator shall submit to the Council, as
planning authority for its approval, proposals to make good the reception,
including the timescale(s) within which the proposals will be undertaken. 
Thereafter, the development shall be carried out in accordance with the
approved details. 
Reason: In accordance with the applicant's submitted particulars and in order
to ensure that an alternative means of obtaining television reception can be
achieved and/or mitigated in the event of interference caused to domestic
television reception. 
14. At the reasonable request of the Council, as planning authority following receipt
of any complaint where interference to fixed link frequency band signals is
caused as a result of the development hereby approved, the
applicant/developer/wind turbine operator that take steps to make good the
fixed link frequency band signals, either by eliminating the cause of the
interference or by providing an alternative means by which fixed link frequency
band signals may be received. Within two (2) weeks of being notified by the
Council, as planning authority of the existence of such interference (or within
such longer period as the planning authority may allow) the
applicant/developer/wind turbine operator shall submit to the Council, as
planning authority for its approval proposals to make good the fixed link
frequency band signals, including the timescale(s) within which the proposal
shall be undertaken. 
Thereafter, the proposals shall be carried out in accordance with the approved
details. 
Reason: In order to ensure that an alternative means of maintaining fixed link
telecommunications infrastructure can be achieved and fixed promptly in the
event of interference caused to existing fixed links. 
15.   The rating level of noise emissions from the combined effects of the wind
turbines (including the application of any tonal penalty) when determined in
accordance with the attached Guidance Notes (to this condition), shall not
exceed the values for the relevant integer wind speed set out in, or derived
from, the tables attached to these conditions at any dwelling which is lawfully
existing or has planning permission at the date of this permission and: 
a)  The wind farm operator shall continuously log power production, wind
speed and wind direction, all in accordance with Guidance Note 1(d). This
data shall be retained for a period of not less than 24 months. The wind
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farm operator shall provide this information in the format set out in
Guidance Note 1(e) to the Local Planning Authority on its request, within
14 days of receipt in writing of such a request. 
b)  Within 21 days from receipt of a written request from the Local Planning
Authority following a complaint to it from an occupant of a dwelling
alleging noise disturbance at that dwelling, the wind farm operator shall, at
its expense, employ a consultant approved by the Local Planning
Authority to assess the level of noise emissions from the wind farm at the
complainant’s property in accordance with the procedures described in
the attached Guidance Notes. The written request from the Local Planning
Authority shall set out at least the date, time and location that the
complaint relates to and any identified atmospheric conditions, including
wind direction, and include a statement as to whether, in the opinion of the
Local Planning Authority, the noise giving rise to the complaint contains or
is likely to contain a tonal component. 
c)  The assessment of the rating level of noise emissions shall be undertaken
in accordance with an assessment protocol that shall previously have
been submitted to and approved in writing by the Local Planning
Authority. The protocol shall include the proposed measurement location
identified in accordance with the Guidance Notes where measurements
for compliance checking purposes shall be undertaken, whether noise
giving rise to the complaint contains or is likely to contain a tonal
component, and also the range of meteorological and operational
conditions (which shall include the range of wind speeds, wind directions,
power generation and times of day) to determine the assessment of rating
level of noise emissions. The proposed range of conditions shall be those
which prevailed during times when the complainant alleges there was
disturbance due to noise, having regard to the written request of the Local
Planning Authority under paragraph (b), and such others as the
independent consultant considers likely to result in a breach of the noise
limits. 
d)  Where a dwelling to which a complaint is related is not listed in the tables
attached to these conditions, the wind farm operator shall submit to the
Local Planning authority for written approval proposed noise limits
selected from those listed in the Tables to be adopted at the
complainant’s dwelling for compliance checking purposes. The proposed
noise limits are to be those limits selected from the Tables specified for a
listed location which the independent consultant considers as being likely
to experience the most similar background noise environment to that
experienced at the complainant’s dwelling. The rating level of noise
emissions resulting from the combined effects of the wind turbines when
determined in accordance with the attached Guidance Notes shall not
exceed the noise limits approved in writing by the Local Planning Authority
for the complainant’s dwelling. 
e)  The wind farm operator shall provide to the Local Planning Authority the
independent consultant’s assessment of the rating level of noise
emissions undertaken in accordance with the Guidance Notes within 2
months of the date of the written request of the Local Planning Authority
for compliance measurements to be made under paragraph (b), unless
the time limit is extended in writing by the Local Planning Authority. The
assessment shall include all data collected for the purposes of
undertaking the compliance measurements, such data to be provided in
the format set out in Guidance Note 1(e) of the Guidance Notes. The
instrumentation used to undertake the measurements shall be calibrated
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in accordance with Guidance Note 1(a) and certificates of calibration shall
be submitted to the Local Planning Authority with the independent
consultant’s assessment of the rating level of noise emissions. 
f)   Where a further assessment of the rating level of noise emissions from
the wind farm is required pursuant to Guidance Note 4(c), the wind farm
operator shall submit a copy of the further assessment within 21 days of
submission of the independent consultant’s assessment pursuant to
paragraph (c) above unless the time limit has been extended in writing by
the Local Planning Authority. 
Table 1: Between 07:00 and 23:00 – Noise limits expressed in dB LA90,10
minute as a function of the standardised wind speed (m/s) at 10 metre height
as determined within the site averaged over 10 minute periods. 
LOCATION Standardised wind speed at 10 meter height (m/s) within
the site 
4 5 6 7 8 9 10 11 12
Myreton  35.0  35.0  35.3  37.9  40.9  44.1  47.7  51.6  55.8 
Clochmacreich  35.0  35.7  38.7  41.5  44.1  46.3  47.8  48.6  48.4 
Kintywaird  35.0  35.0  36.2  39.1  41.9  44.6  47.0  48.9  50.0 
Brambleburn Cottage  35.0  35.0  35.0  37.0  39.9  42.8  45.4  47.5  48.8 
Over Windyhills  35.0  35.7  38.7  41.5  44.1  46.3  47.8  48.6  48.4 
Netherton of
Windyhills 
35.0  35.7  38.7  41.5  44.1  46.3  47.8  48.6  48.4 
Backies  35.0  35.7  38.7  41.5  44.1  46.3  47.8  48.6  48.4 
Upper Skeith  35.0  35.7  38.7  41.5  44.1  46.3  47.8  48.6  48.4 
Mid Skeith  35.0  35.7  38.7  41.5  44.1  46.3  47.8  48.6  48.4 
Little Skeith  35.0  35.0  36.2  39.1  41.9  44.6  47.0  48.9  50.0 
Langley  35.0  35.0  35.0  37.0  39.9  42.8  45.4  47.5  48.8 
Croylet  35.0  35.0  35.0  37.0  39.9  42.8  45.4  47.5  48.8 
Table 2: Between 23:00 and 07:00 – Noise limits expressed in dB LA90,10
minute as a function of the standardised wind speed (m/s) at 10 metre height
as determined within the site averaged over 10 minute periods. 
LOCATION Standardised wind speed at 10 meter height (m/s) within
the site 
4 5 6 7 8 9 10 11 12
Myreton  40.0  40.0  40.0  40.0  40.0  40.0  42.2  47.2  52.9 
Clochmacreich  40.0  40.0  40.0  40.0  40.0  43.0  45.2  46.2  45.7 
Kintywaird  40.0  40.0  40.0  40.0  41.0  44.1  46.2  46.7  45.1 
Brambleburn Cottage  40.0  40.0  40.0  40.0  40.0  40.0  42.8  46.6  49.8 
Over Windyhills  40.0  40.0  40.0  40.0  40.0  43.0  45.2  46.2  45.7 
Netherton of
Windyhills 
40.0  40.0  40.0  40.0  40.0  43.0  45.2  46.2  45.7 
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Backies  40.0  40.0  40.0  40.0  40.0  43.0  45.2  46.2  45.7 
Upper Skeith  40.0  40.0  40.0  40.0  40.0  43.0  45.2  46.2  45.7 
Mid Skeith  40.0  40.0  40.0  40.0  40.0  43.0  45.2  46.2  45.7 
Little Skeith  40.0  40.0  40.0  40.0  41.0  44.1  46.2  46.7  45.1 
Langley  40.0  40.0  40.0  40.0  40.0  40.0  42.8  46.6  49.8 
Croylet  40.0  40.0  40.0  40.0  40.0  40.0  42.8  46.6  49.8 
Table 3: Coordinate locations of the properties listed in Tables 1 and 2. 
Myreton  349628 856425
Clochmacreich  349452 858035
Kintywaird  351482 859347
Brambleburn Cottage  350969 856448
Over Windyhills  349264 856733
Netherton of Windyhills  349308 857282
Backies  349762 858923
Upper Skeith  349992 859109
Mid Skeith  350327 859293
Little Skeith  350937 859394
Langley  351560 856770
Croylet  350359 856276 
Note to Table 3: The geographical coordinate references are provided for the
purpose of identifying the general location of dwellings to which a given set of
noise limits applies. 
Reason: To ensure an acceptable form of development and in order to protect
the amenity of any nearby residents from any undue noise and disturbance. 
16.  The wind farm operator shall employ an independent consultant, approved by
the Planning Authority, to measure, at the operator’s own expense, the level of
noise emissions from the wind turbines within the first year of the operation of
the turbines, and every two years thereafter, unless and until the Planning
Authority extend the period or determine that continued compliance monitoring
is no longer required. The measurement procedures, which may include
filtering data according to wind direction, shall be agreed with the Planning
Authority prior to commencement. The results of any measurement exercise
shall be forwarded to the Planning Authority as soon as practicable after the
completion of the monitoring exercise. Unless otherwise agreed with the
Planning Authority the turbines shall be switched off during part of the
monitoring period to permit reliable background noise level data to be
determined at the range of wind speeds from 4 m/s to 12 m/s. 
Reason: To ensure an acceptable form of development and in order to protect
the amenity of any nearby residents from any undue noise and disturbance. 
17.  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 0700 – 1900 hours, Monday to Friday and
0700 – 1300 hours on Saturdays only, and at no other times out with these
permitted hours (including national public and bank holidays) shall construction
works be undertaken except where previously agreed in writing with the
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Council, as Planning Authority and where so demonstrated that operational
constraints require limited periods of construction works to be undertaken out
with the permitted/stated hours of working. 
Reason: To ensure an acceptable form of development and in order to protect
the amenity of any nearby residents from any undue noise and disturbance. 
18.  A shadow flicker impact control module shall be installed prior to operation to
both turbines 1 and 5 at the development, and in accordance with the details
provided in Chapter 14.1.12 of the Environmental Statement (Volume1) by
Amec Foster Wheeler and titled “Lurg Hill Wind Farm Environmental
Statement”. 
For the sake of clarification, turbines 1 and 5 locations are identified in the
supporting document by Amec Foster Wheeler and titled “Figure 3 Planning
Application Site Layout Plan”. 
Reason: To ensure an acceptable form of development and in order to protect
the amenity of any nearby residents from any undue shadow flicker. 
19.  At the reasonable request of the Planning Authority following a complaint the
wind farm operator shall investigate and instigate appropriate mitigation
measures to minimise the effects of shadow flicker. 
Reason: To ensure an acceptable form of development and in order to protect
the amenity of any nearby residents from any undue shadow flicker. 
20.   Air Traffic Control Radar: No development shall commence unless and until an
Air   Traffic Control Radar Mitigation Scheme to address the impact of the wind
turbines on air safety has been submitted to and approved by the local planning
authority. 
The Air Traffic Control Radar Mitigation Scheme is a scheme designed to
mitigate the impact of the development on the operation of the Primary
Surveillance Radar at RAF Lossiemouth (“the Radar”) and the air traffic control
operations of the Ministry of Defence (MOD) which is reliant upon the radar.
The Air Traffic Control Radar Mitigation Scheme shall set out the appropriate
measures to be implemented to mitigate the impact of the development on the
radar and shall be in place for the operational life of the development provided
the radar remains in operation. 
No turbines shall become operational unless and until all those measures
required by the approved Air Traffic Control Radar Mitigation Scheme to be
implemented prior to the operation of the turbines have been implemented and
the local planning authority has confirmed this in writing. The development shall
thereafter be operated fully in accordance with the approved Air Traffic Control
Radar Mitigation Scheme. 
Reason: To ensure that the operation of the turbines does not interfere with the
proper operation of the radar systems at RAF Lossiemouth. 
21.  Aviation Lighting: The company shall install MOD accredited 25 candela omni-
directional aviation lighting OR infra-red warning lighting with an optimised flash
pattern of 60 flashes per minute of 200ms to 500ms duration at the highest
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practicable point on all turbines. The turbines shall be erected with this lighting
installed and the lighting shall remain operational throughout the duration of the
consent. 
Reason: To give warning of the presence of the turbines in poor visibility or
darkness. 
4. PLANNING APPLICATION 22/00385/APP 
WARD 4: FOCHABERS AND LHANBRYDE 
Change of house types approved under ref 15/00244/APP on Plots 4-7
Ordiequish Road Fochabers Moray for Bob Milton Properties Ltd 
A report was submitted by the Appointed Officer recommending that, for reasons
detailed in the report, planning permission be granted for an application for a change
of house types approved under ref 15/00244/APP on Plots 4-7 Ordiequish Road
Fochabers Moray for Bob Milton Properties Ltd. 
It was noted that the application had been referred to Committee in terms of the
Scheme of Delegation as it proposes a change in house type on plots (4-7) on a
development previously approved by Committee decision under application
reference 15/00244/APP (for the erection of 49 dwelling houses on R1 Ordiequish
Road, Fochabers). 
Following consideration, the Committee agreed to grant planning permission in
relation to Planning Application 22/00385/APP subject to the following conditions and
reasons: 
1. No development work shall commence on plots 4-7 until a detailed drawing
(scale 1:200) has been submitted to and approved in writing by the Council, as
Planning Authority in consultation with the Roads Authority confirming the
provision of, or location where a future Electric Vehicle (EV) charging unit is to
be connected to an appropriate electricity supply, including details (written
proposals and/ or plans) to confirm the provision of the necessary cabling,
ducting, and consumer units capable of supporting the future charging unit; and
thereafter the EV charging infrastructure shall be provided in accordance with
the approved drawing and details prior to the first occupation of the dwelling
house. 
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. 
2. Parking spaces shall be provided as shown on Drawing HT50/01/07d prior to
the occupation or completion of each of the dwelling houses, whichever is the
sooner. The parking spaces shall thereafter be retained throughout the lifetime
of the development, unless otherwise agreed in writing with the Council as
Planning Authority. 
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Reason: To ensure the permanent availability of the level of parking necessary
for residents/visitors/others in the interests of an acceptable development and
road safety. 
3. No boundary fences, hedges, walls or any other obstruction whatsoever over
0.6m in height and fronting onto the public road shall be within 2.4m of the edge
of the carriageway. 
Reason: To enable drivers of vehicles entering or exiting the site to have a
clear view so that they can undertake the manoeuvre safely and with the
minimum interference to the safety and free flow of traffic on the public road. 
4.   New boundary walls/fences shall be set back from the edge of the public
carriageway at a distance of 2.0m. 
Reason: To ensure acceptable development in the interests of road safety. 
5.   Notwithstanding the submitted details no development works on plots 4-7 shall
commence until details (plans and elevations including material specification)
have been submitted to and approved in writing by the Council, as Planning
Authority showing the precise location and design of the 600mm boundary wall
to be provided on the south and east boundaries of plot 7 which should be
match the wall details of plot 8 (application reference 21/01487/APP).  
Thereafter the development must be carried out in accordance with the agreed
details. 
Reason: In order to provide details currently lacking and in order to ensure an
acceptable form of development. 
6.   Notwithstanding the submitted details no development works on plots 4-7 shall
commence until a detailed landscape plan including species specifications,
location, heights and timescale for all planting has been submitted to and
approved in writing by the Council as Planning Authority.  On-plot species shall
be a minimum of 1.5m in height at the time of planting.  Thereafter the
development must be carried out in accordance with the agreed details. 
Reason: In order to provide details currently lacking and in order to ensure an
acceptable form of development. 
5. PLANNING APPLICATION 21/02008/APP 
WARD 1: SPEYSIDE GLENLIVET 
Demolish 2 no agricultural sheds and erect 2 no whisky storage warehouses at
Viewfield Farm Craigellachie Aberlour Moray for Caley Casks 
A report was submitted by the Appointed Officer recommending that, for reasons
detailed in the report, planning permission be granted for an application to demolish
2 no agricultural sheds and erect 2 no whisky storage warehouses at Viewfield Farm
Craigellachie Aberlour Moray for Caley Casks. 
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It was noted that the application had been referred to Committee in terms of the
Scheme of Delegation as the application is for a site with an area of 2 or more
hectares. 
Following consideration, the Committee agreed to grant planning permission in
relation to Planning Application 21/02008/APP subject to the following conditions and
reasons: 
1. A turning area shall be retained within the curtilage of the site to enable
vehicles to enter and exit in a forward gear. 
Reason: To ensure the provision for vehicles to enter/exit in a forward gear in
the interests of the safety and free flow of traffic on the public road. 
2.  Unless otherwise agreed with the Council, as Planning Authority, in
consultation with the Environmental Health Manager, the use of the
development shall only be permitted between the hours of 0800 to 1630 hours
Monday to Thursday and 0800 to 1230 on a Friday. 
Reason: To protect local residents from noise nuisance in ensuring the use of
the development within permitted hours. 
3.  The rating level of noise associated with the development shall not exceed the
background sound level by more than 5 dB(A) at the nearest noise sensitive
dwelling. The background sound level has been determined as an L A 90 (15
mins) of 41 DB, as stated in page 10 of the Noise Impact Assessment
supporting document by FEC Acoustics, dated 13 May 2022, and titled "Noise
Impact Assessment for the proposed additional cask storage at Viewfield farm,
Craigellachie. 21/02008/APP". For the avoidance of doubt, the rating level and
background sound level associated with this condition are defined within BS
4142:2014 Methods for rating and assessing industrial and commercial sound. 
Reason: To protect local residents from noise nuisance by limiting noise
emissions from the use of the development. 
4.  Notwithstanding the provisions of the Town and Country Planning (Use
Classes) (Scotland) Order 1997 (or any order revoking and re-enacting that
order) the approval hereby granted only relates to the use of the two proposed
buildings as Whisky Cask Storage and for no other use or purpose without the
prior approval of the Council, as Planning Authority. 
Reason: In order to retain Local Authority control over the use of the site and to
ensure that consideration can be given to the effects and impact of uses other
than that approved herewith. 
5.  Notwithstanding the provisions of the Town and Country Planning (General
Permitted Development) (Scotland) Order 1992 (or any order revoking and re-
enacting that order) no development specified in Article 3, Schedule 1, Part 3,
Class 13 shall be carried out without the approval of the Council, as Planning 
Authority. 
Reason: In order to retain control over the use of the site and to ensure that
consideration can be given to the effects and impact of uses other than that
approved herewith.
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6.  The surface water drainage arrangements for the development shall be
provided and maintained in accordance with the approved Drainage Impact
Assessment GC222703 Rev 2 and associated appendices A, B, C and D
prepared by Blyth and Blyth, unless otherwise agreed by the Council, as
Planning Authority. These shall be installed and operational prior to the first use
of the buildings hereby approved. 
Reason: To ensure that surface water drainage is provided timeously and
complies with the principles of SuDS in order to protect the water environment. 
7.  Unless otherwise agreed in writing, no development shall commence until
details of a landscaping scheme have been submitted to, and approved in
writing by the Council, as Planning Authority. This shall be closely based on the
Site Plan (PL02) approved as part of this application and include the following
information:- 
i. Details of landscaping strips to be provided along the northern boundary; 
ii. Details of additional landscaping strips/groupings along the upper part of
the bank between the entrance to the site and northern boundary and
supplementary planting along the northeast boundary;
iii. Details of all soft landscaping and planting works, including plans and
schedules showing the location, species and size of each individual tree,
shrub and wild flower area, planting densities and bird boxes. (For
avoidance of doubt this shall only be native species trees, shrubs and wild
flowers, and trees must be at least 1.5m in height); and 
iv. Details of the design, including materials, of any proposed retaining walls. 
The landscaping works shall be carried out in accordance with the approved
scheme. 
All planting and seeding as may be comprised in the approved details shall be
carried out in the first planting and seeding season following the completion of
development, unless otherwise stated in the approved scheme. Any trees or
plants which within a period of five years from the completion of the
development die, for whatever reason are removed or damaged shall be
replaced in the next planting season with others of the same size and species. 
Reason: In order to ensure an acceptable level of planting in the interests of
the biodiversity, amenity and appearance of the surrounding countryside. 
8.  No development shall commence until details have been submitted to and
approved by the Council, as Planning Authority in consultation with the
Environmental Health Manager regarding details of an external lighting scheme
for the development (if proposed or required). The lighting scheme shall: 
a)   be designed to minimise the use of external lighting within and around the
boundaries of the site, and the effects of light spills and glare upon the
surrounding area beyond the site boundary; 
b)   provide details of all required/proposed external lighting arrangements,
whether free-standing or affixed to buildings/structures or similar during
both the construction and operation of the development; and 
c)   include the location and design specifications (including both candela and
lux rating information) for all lighting to be installed and the time-periods
for operation together with specifications for all mitigation measures to be
introduced and designed to minimise the impact of lighting within and
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beyond the site boundary (for example, light hoods and louvres,
orientation and angle of downward inclination of lamps, self-dimming
lights, etc.) 
Thereafter, the external lighting arrangements shall be implemented in
accordance with the approved details and no further external lighting shall be
provided, installed or used throughout the lifetime of the development except
where otherwise agreed in writing with the Council, as Planning Authority. 
Reason: Details of the matters specified are lacking from the applicant's
submission and to ensure an acceptable form of development in particular to
minimise the potential for light pollution disturbance upon the visual amenity of
the surrounding area and nearby residential properties. 
9.  No works shall commence on site until a Construction Traffic Management Plan
has been submitted to and approved in writing by the Council, as Planning
Authority in consultation with the Roads Authority. The Construction Traffic
Management Plan shall include as a minimum the following information: 
• duration of works; 
• construction programme; 
• anticipated schedule for delivery of materials and plant;
• full details of the construction traffic route from the A95 Granish - Keith
Trunk Road to the site, including routes to be used for the disposal of any
materials from the site;
• measures to be put in place to safeguard the movements of pedestrians;
• areas identified for parking, delivery loading and unloading, storage of
materials;
• measures to be put in place to prevent material being deposited on the
public road; 
• traffic management measures to be put in place during works and any
specific instructions to drivers. 
Thereafter, the development works shall proceed in accordance with the
approved details, unless otherwise approved in writing by the Council, as
Planning Authority in consultation with the Roads Authority. 
Reason: To ensure an acceptable form of development in terms of the
arrangements to manage traffic during construction works at the site through
the provision of details currently lacking. 
10.    Construction works (including vehicle movements) associated with the
development audible at any point on the boundary of any noise sensitive
dwelling shall be permitted between 0800 - 1900 hours, Monday to Friday and
0800 - 1300 hours on Saturdays only, and at no other times out with these
permitted hours (including National Holidays) shall construction works be
undertaken except where previously agreed in writing with the Council, as
Planning Authority and where so demonstrated that operational constraints
require limited periods of construction works to be undertaken out with the
permitted/stated hours of working. 
Reason: To protect local residents from noise nuisance in ensuring the
construction phase is restricted within permitted hours 
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11.    Prior to development commencing, a Construction Environmental Management
Plan (CEMP) shall be submitted to and agreed in writing by the Planning
Authority. The plan shall include measures to minimise construction related
noise, 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. 
6. PLANNING APPLICATION 19/01510/APP 
WARD 4: FOCHABERS AND LHANBRYDE 
Proposed residential development for the construction of 70 units (48no
private/22 affordable) including associated drainage and infrastructure
including the widening of Pitgaveny Road and the formation of a new junction
onto Calcots Road at R13 Lesmurdie Fields Elgin Moray for Robertson Homes 
A report was submitted by the Appointed Officer recommending that, for reasons
detailed in the report, planning permission be granted for an application for a
proposed residential development for the construction of 70 units (48no private/22
affordable) including associated drainage and infrastructure including the widening of
Pitgaveny Road and the formation of a new junction onto Calcots Road at R13
Lesmurdie Fields Elgin Moray for Robertson Homes. 
It was noted that the application had been referred to Committee in terms of the
Scheme of Delegation as the application was previously considered by the Planning
and Regulatory Services Committee in October 2020, but following a specific request
from the applicant, the committee agreed in August 2021 to allow the application to
be revised and re-assessed at a further committee. In addition, the application is a
major development as defined under the Hierarchy Regulations 2009 for a
development of more than 50 houses, and the site exceeds 2ha. 
During his introduction, Mr MacPherson, Principal Planning Officer advised that a
late consultation response had been received from Scottish and Southern Electricity
with standard advice in relation to the proximity of the development to overhead
power lines however this had been covered in Condition 2 and the advice forwarded
to the Application.  Furthermore, in relation to tree protection and retention, Condition
3 should be removed as this is covered in Condition 29 
During discussion surrounding the provision of a play park, it was queried who is
responsible for the long term maintenance of the play park once it is completed. 
In response, Mr MacPherson advised that it would be the responsibility of the
Developer to maintain the play park and suggested an addition to Condition 9 and 28
to include details of long term maintenance of the play park.  This was agreed. 
During further discussion surrounding the provision of play equipment in the pocket
play park, it was asked that a substantial piece of play equipment be provided
suitable for mobility impaired users. 
In response, the Mr MacPherson suggested that an informative be included to ask
for the provision of one or more substantial pieces of play equipment that can be
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accessed and used by mobility impaired users.  This was agreed. 
With regard to the proposed provision of cycle storage, it was noted that the current
policy states that there should be cycle storage for 1 cycle per 1 bedroom flat
however it was recognised that there could be 2 cycle users living in the flat
therefore it was asked if a further condition could be included to provide storage for
at least 2 cycles per flat. 
In response, Mr MacPherson agreed to amend condition 4 to include the provision of
storage for at least 2 cycles per flat. 
Thereafter, the Committee agreed to grant planning permission in relation to
Planning Application 19/01510/APP subject to the conditions detailed within the
report subject to: 
• The removal of condition 3 as this is covered in condition 29;
• An amendment to condition 9 and 28 to include details of long term
maintenance of the play park
• The inclusion of an informative to ask for the provision of one or more
substantial pieces of play equipment that can be accessed and used by
mobility impaired users.
• An amendment to condition 4 to include the provision of storage for at least 2
cycles per flat
• The completion of a Section 75 legal agreement regarding developer
obligations relating to healthcare prior to the issue of consent
• The following conditions and reasons: 
1. Unless otherwise agreed in writing with the Council, as Planning Authority, the
development shall include a total of 18 affordable house units and a minimum
of 6 accessible units. The 18 affordable units shall be provided no later than
upon completion of the 40th house unit upon the site. 
Reason: In order to avoid any ambiguity regarding the terms of the consent,
and to confirm the number of affordable and accessible housing units to be
developed. 
2. No trees which would lie within the pylon wayleave area as show on the
approved landscaping drawing Landscape Proposal (sheet 1 of 5) drawing
number 95.64.01d shall be planted, and in their place shrubs or bushes shall be
planted using specimens already selected for use elsewhere in the
development. 
Reason: In order to ensure no tree planting interferes with the necessary
clearance required for overhead pylons. 
3. Prior to occupation of the cottage flats as shown on the Site Layout Drawing
No. 1125-ARC-004 F), the submitted secure cycle store design (drawing
number LES-CS-001) shall be completed and located close to the flats. The
secure bicycle store must thereafter be built in accordance with the approved
design and arrangements be put in place to provide a key or code entry for all
flat occupants. The cycle storage shall be retained and maintained in perpetuity
as cycle parking for use in conjunction with the flats. 
Reason: In order to ensure secure cycle storage for the flats is provided.
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4. Notwithstanding the following details which have been submitted but are not
accepted. No development shall commence until revised details have been
submitted and approved in writing by the Planning Authority in consultation with
the Roads Authority to address the following:
a) Continuation of a 2 metre wide footway from Plot 18 south and west to
connect with the layby to the south of plot 18 and the provision of a
dropped kerb crossing to access the footway to the south in front of plots
41/42.
b) Revised details for the proposed road narrowing taper to the east of the
site access on the north side of Pitgaveny Road.
c) Provision of a 3 metre cycle path in place of the proposed 2 metre
footpath on the south side of Pitgaveny Road from the site access junction
eastwards in front of plots 43-48. 
Thereafter the development shall be completed in accordance with the
approved details. The altered or continued pathways shall be provided prior to
the occupation of the adjoining plots they lie in front of. 
Reason: To ensure an acceptable form of development in the interests of road
safety. 
5. Notwithstanding the Road Safety Audit submitted (which is based on an
previous site layout and is not accepted), no development shall commence until
a Stage 1/2 Road Safety Audit for the proposed internal roads and the extents
of any proposed works to the public road and footpaths and cycle paths outwith
the site boundary, shall be undertaken and the proposed site layout and roads
shall be revised to include any mitigation required to address road safety
issues. The Road Safety Audit and revised site layout shall be submitted for
approval by the Planning Authority in consultation with the Roads Authority. 
Thereafter the development shall be completed in accordance with the
approved details. 
Reason: To ensure an acceptable form of development in the interests of road
safety. 
6. No development shall commence until the following has been submitted to and
approved by the Council, as Planning Authority in consultation with the Roads
Authority;
a) Details (Plans scale 1:500 min and calculations) for the roads drainage to
accommodate alterations to Pitgaveny Road and Calcots Road;
b) Details (Plans scale 1:500 min) showing the requirements for any
changes to the existing speed limits and relocation or provision of speed
limit signage; 
c) Written confirmation that a street lighting scheme design has been agreed
with the Roads Authority;
d) Details (Plans scale 1:500 min) showing site access visibility splays (4.5m
x 43m) in each direction at all proposed site accesses onto Pitgaveny
Road (U37E). 
Thereafter prior to commencement of any other part of the development, the
following shall be completed in accordance with the approved details unless
otherwise agreed in writing by the Planning Authority in consultation with the
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Roads Authority and the development shall be progressed in accordance with
the approved details:
• All works to widen Pitgaveny Road.
• All works to provide the off-site cycle paths between the site and
Lesmurdie Road.
• All works to form the new Pitgaveny Road/Calcots Road junction. 
• All works required to implement changes to the speed limits. 
Reason: The provision of details lacking from the current submission in the
interests of road safety and to ensure acceptable infrastructure is provided at
the appropriate stage of the development in the interests of road safety. 
7. No development shall commence until details have been submitted to and
approved in writing by the Council, as Planning Authority in consultation with
the Roads Authority to confirm the arrangements for future adoption/vesting by
an in-perpetuity regulatory body, of the maintenance and management of the
roads SUDs system excluding any other parts of the SUDs system to be
identified by the Roads Authority which is to be maintained by or factored on
behalf of the developer or their successors. 
Reason: To ensure the management and maintenance of effective roads
drainage and surface water management infrastructure proposed for the site. 
8. No development shall commence until details have been submitted to confirm
the maintenance/ factoring arrangements for all landscaped areas including
those adjacent to the public road (including footways and cycle paths, verges,
and service strips but excluding residential plot boundaries). Thereafter the
landscaping shall be maintained in accordance with the approved
arrangements and it must be ensured that landscaping will not interfere with the
function of the public road or cause a hazard to road users. All landscaping
must be completed and planted no later than the first planting season following
completion of all the houses. 
Reason: In the interests of road safety and to ensure the amenity and
maintenance of the site landscaping is provided. 
9. Notwithstanding the details shown on Drawing 1125-ROB-001 “Route of Build”
(which is  not accepted), no works shall commence on site  until a Construction
Traffic Management Plan has been submitted to and approved in writing by the
Council, as Planning Authority in consultation with the Roads Authority. The
Construction Traffic Management Plan shall include the following information:
a) duration of works;
b) construction programme;
c) anticipated schedule for delivery of materials and plant;
d) details of any temporary construction access onto the public road;
e) details of the route(s) of construction traffic between the site and the
nearest ‘A’ Class road(s)
f) measures to be put in place to prevent material being deposited on the
public road;
g) measures to be put in place to safeguard the movements of pedestrians;
h) traffic management measures to be put in place during works including
any specific instructions to drivers; and
i) parking provision, loading and unloading and turning 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. 
10. No house or flat shall be occupied until the EV charging infrastructure
associated with the parking for the unit has been provided and made available
for connection of an EV charging unit.
Thereafter the development shall be completed in accordance with the
approved details. 
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. 
11. Bin storage compounds must be designed in accordance with the design on Bin
storage drawing 1125(PL)DET-01 and be provided for prior to the occupation of
the associated flats. 
Reason: To ensure the bin storage is provided timeously. 
12. Visibility splays of 4.5 metres by 43 metres in both directions at all site access
onto Pitgaveny Road shall be provided and maintained clear of any obstruction
above 0.26 metres in height, measured from the level of the carriageway. 
Reason: To ensure acceptable visibility is provided and maintained for road
users at all times in the interests of road safety. 
13. Parking provision shall be provided in accordance with the site layout (Drawing
No. 1125-ARC-014) with 1 space for 1 bed houses/flats, 2 spaces for 2/3 bed
houses/flats and 3 spaces for 4 or more bed houses/flats.
Thereafter no house or flat shall be occupied until parking has been provided
and made available for use by that house or flat. Thereafter the parking
arrangements shall be retained and maintained in perpetuity as parking spaces
for use in conjunction with that house or flat hereby approved. 
Reason: To ensure the permanent availability of the level of parking necessary
for residents/visitors/others in the interests of an acceptable development and
road safety. 
14. Driveways over service verges shall be constructed to accommodate vehicles
and shall be surfaced with bituminous macadam unless otherwise agreed with
the Council, as Planning Authority in consultation with the Roads Authority. 
Reason: To ensure acceptable infrastructure is provided at the property
accesses. 
15. No boundary fences, hedges, walls or any other obstruction whatsoever over
1.0 metre in height and fronting onto the public road shall be within 2.4 metres
of the edge of the carriageway, measured from the level of the public
carriageway, unless otherwise agreed in writing by the Council, as Planning
Authority in consultation with the Roads Authority.
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Reason: To enable drivers of vehicles leaving driveways to have a clear view
over a length of road sufficient to allow safe exit, in the interests of road safety
for the proposed development and other road users. 
16. Permitted development rights shall be removed from service strips along plot
frontages and no amendments to planting within these areas shall be permitted.
Specifically permitted development rights within Part 1 & 2, Classes 1 - 8 of the
Town and Country Planning (General Permitted Development) (Scotland) Order
1992, as amended and inclusive of any additional domestic permitted rights
introduced in the future. 
Reason: To ensure an acceptable form of development and effective roads
drainage infrastructure is provided and safeguarded. 
17. Unless otherwise agreed in writing, no development shall commence until a
strategy to assess and then, where subsequently appropriate, a strategy to deal
with potential contamination on the site have been submitted to, and accepted
in writing by the Council, as Planning Authority. The strategies shall be devised
and overseen by an appropriately qualified person in accordance with relevant
up-to-date authoritative technical guidance, e.g. BS10175 'The Investigation of
Potentially Contaminated Sites - Code of Practice', and shall include: 
a)  an appropriate level of characterisation of the type, nature and extent of
contamination on the site and accompanying risk assessment as
described in Planning Advice Note 33 Development of Contaminated
Land (Revised 2000); 
b)  how any identified contamination will be dealt with during construction
works; 
c)  details of remedial measures required to treat, remove or otherwise
mitigate contamination to ensure that the site is suitable for the proposed
use, and that it does not represent a risk to health or of pollution in the
wider environment; and 
d)  a means of verifying the condition of the site on completion of the
remedial measures. 
Thereafter, no development shall commence (other than those works required
to investigate and remediate contamination on the site) until written
confirmation has been issued by the Council, as Planning Authority that the
works have been implemented and completed in accordance with the agreed
details. 
Reason: To ensure that the site is suitable for the proposed use, and that risks
to the wider environment and to users of neighbouring land from on-site
contamination are appropriately assessed and managed. 
18. Prior to development commencing a compliance statement, showing detailed
plans/information of full compliance with the Accessible Housing Guidance note
contained on pages 41-42 of Moray Local Development Plan 2020 must be
submitted to and approved in writing by the Council, as Planning Authority.
Thereafter the accessible units as identified drawing 1125-ARC-012 A
Accessible Housing must be built in accordance with the approved compliance
statement. 
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Reason: To ensure the identified house units meet the required standard and
design features to fulfil the accessible housing need for the development. 
19. Prior to occupation of the first dwelling, the specific details and timing for
provision of the four public art bespoke carved benches and associated
information boards indicated at the locations shown on approved plan ‘Public
Art’ 1125-ARC-015 must be submitted to and approved in writing by the
Council, as Planning Authority. Thereafter the benches installed shall be
maintained and if so instructed by Moray Council, made safe and replaced with
another bench of a design and material approved by Moray Council. 
Reason: In order that consideration can be given to the specific design of park
benches to be provided. 
20. The recommended ecological mitigation must be carried out in accordance with
approved Biodiversity Plan 1125-ARC-016 dated May 2022, the GLM Ecology
Ecological Assessment for Lesmurdie dated August 2019 para 1.18 and 2.22
and GLM Ecology Bat Survey Report ‘Trees to be Felled, Lesmurdie’
September 2021 para 1.12.There after the measures must be adhered to prior
to and during construction unless otherwise agreed in writing with the Council,
as Planning Authority. 
Reason: In order to ensure the appropriate mitigation is undertaken to protect
wildlife upon the site. 
21. Unless otherwise agreed in writing, the roof tile finish for all the detached
garages within the development shall match that approved tile colour upon the
roof of the dwelling which it shares a plot with. 
Reason: In order to ensure the proposed garages conform the colours of each
of the character areas. 
22. No works in connection with the development hereby approved shall
commence unless an archaeological written scheme of investigation (WSI) has
been submitted to and approved in writing by the planning authority and a
programme of archaeological works has been carried out in accordance with
the approved WSI. The WSI shall include details of how the recording and
recovery of archaeological resources found within the application site shall be
undertaken, and how any updates, if required, to the written scheme of
investigation will be provided throughout the implementation of the programme
of archaeological works. Should the archaeological works reveal the need for
post excavation analysis the development hereby approved shall not be
occupied 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. The
programme of works will include an archaeological evaluation of 7-10% of the
development site. 
Reason: To safeguard and record the archaeological potential of the area. 
23. Prior to development commencing, a revision to the capacity of the soakaways
lying south of Pitgaveny Road shall be submitted to and approved by the
Council as Planning Authority (in consultation with Moray Flood Risk
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Management). This shall detail the capacity of the soakaways increased to 384
m³ storage volume in line with the submitted and approved Drainage Impact
Assessment. 
Reason: In order to avoid any ambiguity relating to the design and capacity of
surface water drainage infrastructure. 
24. Construction works (including vehicle movements) associated with the
development audible at any point on the boundary of any noise sensitive
dwelling shall be permitted between 0800 - 1900 hours, Monday to Friday and
0800 - 1300 hours on Saturdays only, and at no other times out with these
permitted hours (including National Holidays) shall construction works be
undertaken except where previously agreed in writing with the Council, as
Planning Authority and where so demonstrated that operational constraints
require limited periods of construction works to be undertaken out with the
permitted/stated hours of working. 
Reason: In order to ensure the development does not cause unnecessary
nuisance or disturbance and loss of amenity to neighbouring residences.  
25. Prior to development commencing, a Construction Environmental Management
Plan (CEMP) shall be submitted to and agreed in writing by the Council as
Planning Authority in consultation with the Environmental Health Manager. The
plan shall include measures to minimise construction related noise, vibration,
dust and artificial lighting. Thereafter the development will be carried out in
accordance with the agreed plan. 
Reason: In order to control certain construction activities so as to ensure the
development does not cause unnecessary nuisance or disturbance and loss of
amenity to neighbouring residences. 
26. Unless otherwise agreed in writing, no housing unit shall be occupied until
details and timing of the provision of compensatory trees planting (beyond any
landscaping and structural planting hereby approved) has been submitted to
and approved by Moray Council. This final area, composition and location of
the compensatory shall be commensurate to the removal of the loss of trees
within the approved Tree removal plans drawing 1-4c identified throughout the
site, inclusive of the felling of 0.2hectares of scots pine at the southern end of
the site. Any trees that die, are become damaged within the first 5 years
following planting must be replaced with trees or comparable girth and species
to when they were planted. 
Reason: In order to ensure the permanent loss of trees resulting from the
development is replaced with appropriate planting elsewhere.   
27. Prior to development commencing the final design and selection of play
equipment for the pocket park must be submitted to and approved by Moray
Council. Notwithstanding the layout and equipment shown in the submitted
pocket park play area, at least one piece of play equipment must be changed
for a design that accommodates mobility impaired users. Thereafter the park
must be built in accordance with the approved details. Unless otherwise agreed
with the Council as Planning Authority, the play park must be provided no later
than following completion of the 40th house in the development. 
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Reason: In order to ensure the proposed play park meets the needs of all
users and is provided at the appropriate stage in the development. 
28. Unless otherwise agreed with the Council as Planning Authority, all tree felling
must be carried out in accordance with the approved Tree Removal Plans
drawing 1-4c. Also works and mitigation must accord with the Tree Protection
Plan hereby approved on drawing numbered 1 - 4 D. 
Reason: In order to ensure the removal and protection of trees is carried out in
accordance with the submitted details. 
29. Unless otherwise agreed in writing with the Council as Planning Authority, prior
to development commencing details of the timing of the provision of the feature
stone walls referred to the Placemaking Statement May 2022 to be constructed
upon the site shall be agreed in writing with the Council. 
Reason: In order to ensure to ensure the timeous provision of stone walls
which will add to the amenity and appearance of the site. 
7. PLANNING APPLICATION 21/01217/APP 
WARD 8: FORRES 
Substitution of house types at plots Nos 267 296 298 to 303 (as per application
18/01142/APP) and renumber plots to 406-416 R2 Ferrylea Forres Moray for
Springfield Properties PLC 
A report was submitted by the Appointed Officer recommending that, for reasons
detailed in the report, planning permission be granted for an application for a
substitution of house types at plots Nos 267 296 298 to 303 (as per application
18/01142/APP) and renumber plots to 406-416 R2 Ferrylea Forres Moray for
Springfield Properties PLC. 
It was noted that the application had been referred to Committee in terms of the
Scheme of Delegation as the proposal had previously been reported to Committee
and the Appointed Officer considers that significant implications of this proposal in
conjunction with 18/01142/APP have been made for Committee to reconsider the
development. 
With regard to the proposed provision of cycle storage it was asked, for consistency
with other planning applications, if a further condition could be included to provide
storage for at least 2 cycles per flat. 
In response, Mr Miller agreed to amend condition 3 to include the provision of
storage for at least 2 cycles per flat. 
Following consideration, the Committee agreed to grant planning permission in
relation to Planning Application 21/01217/APP subject to: 
• a modification of the existing legal agreement attached to planning permission
ref 18/01142/APP (as permitted under appeal decision notice PPA-300-2057)
prior to the issue of consent; and
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• the following conditions and reasons with an an amendment to condition 3 to
include the provision of storage for at least 2 cycles per flat: 
1. The development hereby granted planning permission forms part of, and is
related to, a development granted planning permission under formal planning
appeal decision notice PPA-300-2057 by the Planning and Environmental
Appeals Division, Scottish Government dated 2 July 2020 wherein:
a. the terms and conditions as attached to the permission granted under that
decision notice are hereby re-iterated and remain in force in so far as they
relate to the development hereby approved, namely conditions 1, 4, 5, 17-
20, including any details already approved thereunder to discharge the
requirements of those conditions; and
b. no part of the development as hereby granted shall be exercised in
conjunction with, or in addition to, the building design and plot layout
details already approved for plots 298 – 303 (now identified under this
permission as plots 406 – 414). 
Reason: To ensure a satisfactory form of development and that it progresses in
accordance with the already approved and required details, and that only one
permission is implemented on plots 298 – 303 (now identified as plots 406 –
414). 
2. Prior to any development commencing and notwithstanding the details shown
on the approved plans, a scheme of external material finishes of the houses
and flats that match those of consented neighbouring plots shall be submitted
to and approved in writing by the Council, as Planning Authority. Thereafter the
development shall be implemented in accordance with the approved details. 
Reason: To ensure suitable material finishes to each plot, in the interests of the
character of the development in which the house plots sit. 
3. Notwithstanding the details shown for Plots 406-413 (which are not accepted)
no development shall commence until details (Location and Design plans) have
been submitted for approval by the Planning Authority in consultation with the
Roads Authority showing the provision of secure cycle parking facilities at a
rate of not less than 2 spaces per flat. Thereafter the cycle parking shall be
provided prior to completion of the associated flats and retained and maintained
for that purpose unless otherwise agree in writing by the Planning Authority in
consultation with the Roads Authority. 
Reason: In the interests of an acceptable form of development and the
provision of cycle parking infrastructure to support the use of low carbon
transport, through the provision of details currently lacking. 
4. Notwithstanding the details submitted. No development works shall commence
until a detailed drawing (scale 1:200) has been submitted to and approved in
writing by the Council, as Planning Authority in consultation with the Roads
Authority confirming the provision of, or location where future Electric Vehicle
(EV) charging unit(s) can be connected to an appropriate electricity supply,
including details (written proposals and/ or plans) to confirm the provision of the
necessary cabling, ducting, and consumer units capable of supporting the
future charging unit and infrastructure; and thereafter the EV charging
infrastructure shall be provided in accordance with the approved drawing and
details prior to the completion of the dwelling house. 
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Reason: In the interests of an acceptable form of development and the
provision of infrastructure to support the use of low carbon transport, through
the provision of details currently lacking. 
5. Parking provision for houses shall be provided at the following rates:
• 1 Bedroom = 1 space
• 2 -3 Bedrooms = 2 spaces
• 4 or more bedrooms = 3 spaces 
Parking shall be provided prior to the completion of each house which it is
associated with and thereafter retained and available for that purpose unless
otherwise agreed in writing by the Planning Authority in consultation with the
Roads Authority. 
Reason: To ensure the permanent availability of the level of parking necessary
for residents/visitors/others in the interests of an acceptable development and
road safety.   
6. No boundary fences, hedges, walls or any other obstruction whatsoever over
0.6m in height and fronting onto the public road shall be within 2.4m of the edge
of the carriageway. 
Reason: To enable drivers of vehicles entering or exiting the site to have a
clear view so that they can undertake the manoeuvre safely and with the
minimum interference to the safety and free flow of traffic on the public road. 
7. The landscaping as shown in drawing number MO01-1_Remix_SL_13 Rev A
hereby approved shall be provided by no later than the first planting season
after completion or first occupation of the respective house plot/block of flats to
which the landscaping relates (whichever is the soonest). 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 the Planning Authority gives written consent to any variation of this
condition. 
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 amenity, appearance, character and quality of the development and the
surrounding area. 
8. That all natural habitat creation measures identified in the approved document
“Forres Bat and Bird Boxes” shall be provided on their respective house prior to
its occupation or completion (whichever is the soonest) and retained in
perpetuity unless otherwise agreed in writing with the Council, as Planning
Authority. 
Reason: In order to ensure timeous delivery of biodiversity enhancement
measures. 
9. No development shall commence until a scheme for the provision of a
communal bin storage area for flatted properties in the development has been
submitted to and approved in writing by the Planning Authority. Thereafter, no
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flats shall be brought into use unless they are served by the bin storage
facilities as approved under this condition for their respective block. 
Reason: In order to ensure the flatted properties are served by suitable
recycling and refuse facilities. 
8. PLANNING APPLICATION 21/01350/APP 
WARD 8: FORRES 
Substitution of plots and residential development on site at R2 Ferrylea Forres
Moray for Springfield Properties PLC 
A report was submitted by the Appointed Officer recommending that, for reasons
detailed in the report, planning permission be granted for an application for a
substitution of plots and residential development on site at R2 Ferrylea Forres Moray
for Springfield Properties PLC. 
It was noted that the application had been referred to Committee in terms of the
Scheme of Delegation as the proposal had previously been reported to Committee
and the Appointed Officer considers that significant implications of this proposal in
conjunction with 18/01142/APP have been made for Committee to reconsider the
development. 
With regard to the proposed provision of cycle storage it was asked, for consistency
with other planning applications, if a further condition could be included to provide
storage for at least 2 cycles per flat. 
In response, Mr Miller agreed to amend condition 4 to include the provision of
storage for at least 2 cycles per flat. 
Following consideration, the Committee agreed to grant planning permission in
relation to Planning Application 21/01350/APP subject to: 
• a modification of the existing legal agreement attached to planning permission
ref 18/01142/APP (as permitted under appeal decision notice PPA-300-2057)
prior to the issue of consent; and
• the following conditions and reasons with an an amendment to condition 4 to
include the provision of storage for at least 2 cycles per flat 
1. The development hereby granted planning permission forms part of, and is
related to, a development granted planning permission under formal planning
appeal decision notice PPA-300-2057 by the Planning and Environmental
Appeals Division, Scottish Government dated 2 July 2020 wherein:
a. the terms and conditions as attached to the permission granted under that
decision notice are hereby re-iterated and remain in force in so far as they
relate to the development hereby approved, namely conditions 4, 5, 17-
20, including any details already approved thereunder to discharge the
requirements of those conditions; and
b. no part of the development as hereby granted shall be exercised in
conjunction with, or in addition to, the building design and plot layout
details already approved for plots 167, 171 – 174, 196 – 203 (now
identified under this permission as plots 417 – 426).
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Reason: To ensure a satisfactory for of development and that it progresses in
accordance with the already approved and required details, and that only one
permission is implemented on plots 167, 171 – 174, 196 – 203 (now identified
as plots 417 – 426). 
2. Prior to any development commencing and notwithstanding the details shown
on the approved plans, a scheme of external material finishes of the houses
and flats that match those of consented neighbouring plots shall be submitted
to and approved in writing by the Council, as Planning Authority. Thereafter the
development shall be implemented in accordance with the approved details. 
Reason: To ensure suitable material finishes to each plot, in the interests of the
character of the development in which the house plots sit. 
3. Prior to the commencement of development details of the affordable housing
specification for plots 425 - 442 shall be submitted to and approved in writing by
the planning authority regarding the detailed arrangements for the long-term
delivery and provision of the affordable housing accommodation on the site,
which shall include evidence to confirm the identity of the organisation (or other
similar agency) responsible for the provision and management of all affordable
housing provided on the site. Thereafter the development shall be implemented
in accordance with the approved details. 
Reason: to ensure 25% of the residential units approved across the wider site
in which this development sits are affordable and managed accordingly. 
4. Notwithstanding the details shown for cycle parking (the proposed bike locker
detail does not match the cycle parking shown on plans) no development shall
commence until details (Location and Design) have been submitted for
approval by the Planning Authority in consultation with the Roads Authority
showing the provision of secure covered cycle parking facilities at a rate of not
less than 2 spaces per flat. Thereafter the cycle parking shall be provided prior
to completion of the associated flats and retained and maintained for that
purpose unless otherwise agree in writing by the Planning Authority in
consultation with the Roads Authority. 
Reason: In the interests of an acceptable form of development and the
provision of cycle parking infrastructure to support the use of low carbon
transport, through the provision of details currently lacking. 
5. Notwithstanding the details submitted. No development works shall commence
until a detailed drawing (scale 1:200) has been submitted to and approved in
writing by the Council, as Planning Authority in consultation with the Roads
Authority confirming the provision of, or location where future Electric Vehicle
(EV) charging unit(s) can be connected to an appropriate electricity supply,
including details (written proposals and/ or plans) to confirm the provision of the
necessary cabling, ducting, and consumer units capable of supporting the
future charging unit and infrastructure; and thereafter the EV charging
infrastructure shall be provided in accordance with the approved drawing and
details prior to the completion of the dwelling house. 
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Reason: In the interests of an acceptable form of development and the
provision of infrastructure to support the use of low carbon transport, through
the provision of details currently lacking. 
6. Parking provision for houses shall be provided at the following rates:
• 1 Bedroom = 1 space
• 2 -3 Bedrooms = 2 spaces
• 4 or more bedrooms = 3 spaces 
Parking shall be provided prior to the completion of each house which it is
associated with and thereafter retained and available for that purpose unless
otherwise agreed in writing by the Planning Authority in consultation with the
Roads Authority. 
Reason: To ensure the permanent availability of the level of parking necessary
for residents/visitors/others in the interests of an acceptable development and
road safety.   
7. No boundary fences, hedges, walls or any other obstruction whatsoever over
0.6m in height and fronting onto the public road shall be within 2.4m of the edge
of the carriageway. 
Reason: To enable drivers of vehicles entering or exiting the site to have a
clear view so that they can undertake the manoeuvre safely and with the
minimum interference to the safety and free flow of traffic on the public road. 
8. The landscaping as shown in drawing numbers MO01-1_Remix_SL_23-1 Rev
A, MO01-1_Remix_SL_23-2 Rev A and MO01-1_Remix_SL_23 Rev C hereby
approved shall be provided by no later than the first planting season after
completion or first occupation (whichever is the soonest) of the respective
house plot/block of flats to which the landscaping relates. 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 the
planning authority gives written consent to any variation of this condition. 
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 amenity, appearance, character and quality of the development and the
surrounding area. 
9. No development shall commence unless a plan showing the location of all
natural habitat creations, as indicated in the submitted document “Forres Bird
and Bat Boxes” has been submitted and approved in writing by the Council, as
Planning Authority. This plan shall also include timing for provision of the
respective measures. Thereafter the natural habitat creations shall be provided
and retained in accordance with the approved details unless otherwise agreed
in writing with the Council, as Planning Authority. 
Reason: In order to agree the position of the biodiversity measures and ensure
they are provided timeously. 
10. No development shall commence until a scheme for the provision of a
communal bin storage area for flatted properties in the development has been
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submitted to and approved in writing by the planning authority. Thereafter, no
flats shall be brought into use unless they are served by the bin storage
facilities as approved under this condition for their respective block. 
Reason: In order to ensure the flatted properties are served by suitable
recycling and refuse facilities. 
9. PLANNING APPLICATION 21/01717/APP 
WARD 8: FORRES 
Substitution of house types at plots nos 156-160 204-211 246 247 and 257-259
renumbered 443-454 Phase 3 (as per application 18/01142/APP) R2 Ferrylea
Forres Moray for Springfield Properties PLC 
A report was submitted by the Appointed Officer recommending that, for reasons
detailed in the report, planning permission be granted for an application for a
substitution of house types at plots nos 156-160 204-211 246 247 and 257-259
renumbered 443-454 Phase 3 (as per application 18/01142/APP) R2 Ferrylea Forres
Moray for Springfield Properties PLC. 
It was noted that the application had been referred to Committee in terms of the
Scheme of Delegation as the proposal had previously been reported to Committee
and the Appointed Officer considers that significant implications of this proposal in
conjunction with 18/01142/APP have been made for Committee to reconsider the
development. 
With regard to the proposed provision of cycle storage it was asked, for consistency
with other planning applications, if a further condition could be included to provide
storage for at least 2 cycles per flat. 
In response, Mr Miller agreed to amend condition 3 to include the provision of
storage for at least 2 cycles per flat. 
Following consideration, the Committee agreed to grant planning permission in
relation to Planning Application 21/01717/APP subject to: 
• a modification of the existing legal agreement attached to planning permission
ref 18/01142/APP (as permitted under appeal decision notice PPA-300-2057)
prior to the issue of consent; and
• the following conditions and reasons with an an amendment to condition 3 to
include the provision of storage for at least 2 cycles per flat 
1. The development hereby granted planning permission forms part of, and is
related to, a development granted planning permission under formal planning
appeal decision notice PPA-300-2057 by the Planning and Environmental
Appeals Division, Scottish Government dated 2 July 2020 wherein:
a. the terms and conditions as attached to the permission granted under that
decision notice are hereby re-iterated and remain in force in so far as they
relate to the development hereby approved, namely conditions 4, 5, 17-
20, including any details already approved thereunder to discharge the
requirements of those conditions; and
b. no part of the development as hereby granted shall be exercised in
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conjunction with, or in addition to, the building design and plot layout
details already approved for plots 156 – 160 and 204 - 211 (now identified
under this permission as plots 443 – 452). 
Reason: To ensure a satisfactory form of development and that it progresses in
accordance with the already approved and required details, and that only one
permission is implemented on plots 156 – 160 and 204 – 211 (now identified as
plots 443 – 452). 
2. Prior to any development commencing and notwithstanding the details shown
on the approved plans, a scheme of external material finishes of the houses
and flats that match those of consented neighbouring plots shall be submitted
to and approved in writing by the Council, as Planning Authority. Thereafter the
development shall be implemented in accordance with the approved details. 
Reason: To ensure suitable material finishes to each plot, in the interests of the
character of the development in which the house plots sit. 
3. No development shall commence until details (Location and Design plans) have
been submitted for approval by the Planning Authority in consultation with the
Roads Authority showing the provision of secure cycle parking facilities at a
rate of not less than 2 spaces per flat. Thereafter the cycle parking shall be
provided prior to completion of the associated flats and retained and maintained
for that purpose unless otherwise agree in writing by the Planning Authority in
consultation with the Roads Authority. 
Reason: In the interests of an acceptable form of development and the
provision of cycle parking infrastructure to support the use of low carbon
transport, through the provision of details currently lacking. 
4. Notwithstanding the details submitted. No development works shall commence
until a detailed drawing (scale 1:200) has been submitted to and approved in
writing by the Council, as Planning Authority in consultation with the Roads
Authority confirming the provision of, or location where future Electric Vehicle
(EV) charging unit(s) can be connected to an appropriate electricity supply,
including details (written proposals and/ or plans) to confirm the provision of the
necessary cabling, ducting, and consumer units capable of supporting the
future charging unit and infrastructure; and thereafter the EV charging
infrastructure shall be provided in accordance with the approved drawing and
details prior to the completion of the dwelling house. 
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. 
5. Parking provision for houses shall be provided at the following rates:
• 1 Bedroom = 1 space
• 2 -3 Bedrooms = 2 spaces
• 4 or more bedrooms = 3 spaces 
Parking shall be provided prior to the completion of each house which it is
associated with and thereafter retained and available for that purpose unless
otherwise agreed in writing by the Planning Authority in consultation with the
Roads Authority.
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Reason: To ensure the permanent availability of the level of parking necessary
for residents/visitors/others in the interests of an acceptable development and
road safety.   
6. No boundary fences, hedges, walls or any other obstruction whatsoever over
0.6m in height and fronting onto the public road shall be within 2.4m of the edge
of the carriageway. 
Reason: To enable drivers of vehicles entering or exiting the site to have a
clear view so that they can undertake the manoeuvre safely and with the
minimum interference to the safety and free flow of traffic on the public road. 
7. The landscaping as shown in drawing numbers MO01-1_Remix_SL_42 Rev A
and MO01-1_Remix_SL_43 Rev A hereby approved shall be provided by no
later than the first planting season after completion or first occupation
(whichever is the soonest) of the respective house plot/block of flats to which
the landscaping relates. 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 the Planning Authority gives written
consent to any variation of this condition. 
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 amenity, appearance, character and quality of the development and the
surrounding area. 
8. No development shall commence unless a plan showing the location of all
natural habitat creations, as indicated in the submitted document “Forres Bird
and Bat Boxes” has been submitted and approved in writing by the Council, as
Planning Authority. This plan shall also include timing for provision of the
respective measures. Thereafter the natural habitat creations shall be retained
unless otherwise agreed in writing with the Council, as Planning Authority. 
Reason: In order to agree the position of the biodiversity measures and ensure
they are provided timeously. 
9. No development shall commence until a scheme for the provision of a
communal bin storage area for flatted properties in the development has been
submitted to and approved in writing by the Planning Authority. Thereafter, no
flats shall be brought into use unless they are served by the bin storage
facilities as approved under this condition for their respective block. 
Reason: In order to ensure the flatted properties are served by suitable
recycling and refuse facilities. 
10. PLANNING APPLICATION 21/01801/APP 
WARD 8: FORRES 
Substitution of house types on Plots 455-466 Phase 3 (as per application
18/01142/APP) at R2 Ferrylea Forres Moray for Springfield Properties PLC
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A report was submitted by the Appointed Officer recommending that, for reasons
detailed in the report, planning permission be granted for an application for a
substitution of house types on Plots 455-466 Phase 3 (as per application
18/01142/APP) at R2 Ferrylea Forres Moray for Springfield Properties PLC 
It was noted that the application had been referred to Committee in terms of the
Scheme of Delegation as the proposal had previously been reported to Committee
and the Appointed Officer considers that significant implications of this proposal in
conjunction with 18/01142/APP have been made for Committee to reconsider the
development. 
With regard to the proposed provision of cycle storage it was asked, for consistency
with other planning applications, if a further condition could be included to provide
storage for at least 2 cycles per flat. 
In response, Mr Miller agreed to amend condition 3 to include the provision of
storage for at least 2 cycles per flat. 
Following consideration, the Committee agreed to grant planning permission in
relation to Planning Application 21/01801/APP subject to: 
• a modification of the existing legal agreement attached to planning permission
ref 18/01142/APP (as permitted under appeal decision notice PPA-300-2057)
prior to the issue of consent; and
• the following conditions and reasons with an amendment to condition 3 to
include the provision of storage for at least 2 cycles per flat 
1. The development hereby granted planning permission forms part of, and is
related to, a development granted planning permission under formal planning
appeal decision notice PPA-300-2057 by the Planning and Environmental
Appeals Division, Scottish Government dated 2 July 2020 wherein:
a. the terms and conditions as attached to the permission granted under that
decision notice are hereby re-iterated and remain in force in so far as they
relate to the development hereby approved, namely conditions 1, 4, 5, 17-
20, including any details already approved thereunder to discharge the
requirements of those conditions; and
b. no part of the development as hereby granted shall be exercised in
conjunction with, or in addition to, the building design and plot layout
details already approved for plots 136 – 155 (now identified under this
permission as plots 455 – 466). 
Reason: To ensure a satisfactory form of development and that it progresses in
accordance with the already approved and required details, and that only one
permission is implemented on plots 136 – 155 (now identified as plots 455 –
466). 
2. Prior to any development commencing and notwithstanding the details shown
on the approved plans, a scheme of external material finishes of the houses
and flats that match those of consented neighbouring plots shall be submitted
to and approved in writing by the Council, as Planning Authority. Thereafter the
development shall be implemented in accordance with the approved details. 
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Reason: To ensure suitable material finishes to each plot, in the interests of the
character of the development in which the house plots sit. 
3. Notwithstanding the details shown for Plots 445-458 and 461-466 (which are
not accepted) no development shall commence until details (Location and
Design plans) have been submitted for approval by the Planning Authority in
consultation with the Roads Authority showing the provision of secure cycle
parking facilities at a rate of not less than 2 spaces per flat. Thereafter the cycle
parking shall be provided prior to completion of the associated flats and
retained and maintained for that purpose unless otherwise agree in writing by
the Planning Authority in consultation with the Roads Authority. 
Reason: In the interests of an acceptable form of development and the
provision of cycle parking infrastructure to support the use of low carbon
transport, through the provision of details currently lacking. 
4. Notwithstanding the details submitted. No development works shall commence
until a detailed drawing (scale 1:200) has been submitted to and approved in
writing by the Council, as Planning Authority in consultation with the Roads
Authority confirming the provision of, or location where future Electric Vehicle
(EV) charging unit(s) can be connected to an appropriate electricity supply,
including details (written proposals and/or plans) to confirm the provision of the
necessary cabling, ducting, and consumer units capable of supporting the
future charging unit and infrastructure; and thereafter the EV charging
infrastructure shall be provided in accordance with the approved drawing and
details prior to the completion of the dwelling house. 
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. 
5. Parking provision for houses shall be provided at the following rates:
• 1 Bedroom = 1 space
• 2 -3 Bedrooms = 2 spaces
• 4 or more bedrooms = 3 spaces 
Parking shall be provided prior to the completion of each house which it is
associated with and thereafter retained and available for that purpose unless
otherwise agreed in writing by the Planning Authority in consultation with the
Roads Authority. 
Reason: To ensure the permanent availability of the level of parking necessary
for residents/visitors/others in the interests of an acceptable development and
road safety.   
6. No boundary fences, hedges, walls or any other obstruction whatsoever over
0.6m in height and fronting onto the public road shall be within 2.4m of the edge
of the carriageway. 
Reason: To enable drivers of vehicles entering or exiting the site to have a
clear view so that they can undertake the manoeuvre safely and with the
minimum interference to the safety and free flow of traffic on the public road. 
7. The landscaping as shown in drawing numbers MO01-1_Remix_SL_53 hereby
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approved shall be provided by no later than the first planting season after
completion or first occupation (whichever is the soonest) of the respective
house plot/block of flats to which the landscaping relates. 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 the
Planning Authority gives written consent to any variation of this condition. 
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 amenity, appearance, character and quality of the development and the
surrounding area. 
8. No development shall commence until a scheme for the provision of a
communal bin storage area for flatted properties in the development has been
submitted to and approved in writing by the Planning Authority. Thereafter, no
flats shall be brought into use unless they are served by the bin storage
facilities as approved under this condition for their respective block. 
Reason: In order to ensure the flatted properties are served by suitable
recycling and refuse facilities. 
11. PLANNING APPLICATION 21/01821/APP 
WARD 8: FORRES 
Substitution of house types at plots nos 467- 482 on Phase 3 (as per
application 18/01142/APP) at R2 Ferrylea Forres Moray for Springfield
Properties PLC 
A report was submitted by the Appointed Officer recommending that, for reasons
detailed in the report, planning permission be granted for an application for a
substitution of house types at plots nos 467- 482 on Phase 3 (as per application
18/01142/APP) at R2 Ferrylea Forres Moray for Springfield Properties PLC 
It was noted that the application had been referred to Committee in terms of the
Scheme of Delegation as the proposal had previously been reported to Committee
and the Appointed Officer considers that significant implications of this proposal in
conjunction with 18/01142/APP have been made for Committee to reconsider the
development. 
With regard to the proposed provision of cycle storage it was asked, for consistency
with other planning applications, if a further condition could be included to provide
storage for at least 2 cycles per flat. 
In response, Mr Miller agreed to amend condition 3 to include the provision of
storage for at least 2 cycles per flat. 
Following consideration, the Committee agreed to grant planning permission in
relation to Planning Application 21/01821/APP subject to: 
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• a modification of the existing legal agreement attached to planning permission
ref 18/01142/APP (as permitted under appeal decision notice PPA-300-2057)
prior to the issue of consent; and
• the following conditions and reasons with an amendment to condition 3 to
include the provision of storage for at least 2 cycles per flat 
1. The development hereby granted planning permission forms part of, and is
related to, a development granted planning permission under formal planning
appeal decision notice PPA-300-2057 by the Planning and Environmental
Appeals Division, Scottish Government dated 2 July 2020 wherein:
a. the terms and conditions as attached to the permission granted under that
decision notice are hereby re-iterated and remain in force in so far as they
relate to the development hereby approved, namely conditions 1, 4, 5, 17-
20, including any details already approved thereunder to discharge the
requirements of those conditions; and
b. no part of the development as hereby granted shall be exercised in
conjunction with, or in addition to, the building design and plot layout
details already approved for plots 230 - 245 (now identified under this
permission as plots 467 - 482). 
Reason: To ensure a satisfactory form of development and that it progresses in
accordance with the already approved and required details, and that only one
permission is implemented on plots 298 – 303 (now identified as plots 406 –
414). 
2. Prior to any development commencing and notwithstanding the details shown
on the approved plans, a scheme of external material finishes of the houses
and flats that match those of consented neighbouring plots shall be submitted
to and approved in writing by the Council, as Planning Authority. Thereafter the
development shall be implemented in accordance with the approved details. 
Reason: To ensure suitable material finishes to each plot, in the interests of the
character of the development in which the house plots sit. 
3. No development shall commence until details (Plans 1:200 min) have been
submitted and approved by the Planning Authority in consultation with the
Roads Authority which show the location and design of secure covered cycle
storage to be provided at a rate of 2 spaces per flat. Thereafter the
development shall be completed in accordance with the approved details and
parking provision for houses shall be provided at the following rates: 
• 1 Bedroom = 1 space 
• 2-3 Bedrooms = 2 spaces 
• 4 or more bedrooms = 3 spaces 
• Minimum of 2 secure and covered cycle spaces per flat. 
Parking shall be provided prior to the completion of each flat which it is
associated with and thereafter retained and available for that purpose unless
otherwise agreed in writing by the Planning Authority in consultation with the
Roads Authority. 
Reason: To ensure the permanent availability of the level of parking necessary
for residents/visitors/others in the interests of an acceptable development and
road safety. 
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4. No boundary fences, hedges, walls or any other obstruction whatsoever over
0.6m in height and fronting onto the public road shall be within 2.4m of the edge
of the carriageway. 
Reason: To enable drivers of vehicles entering or exiting the site to have a
clear view so that they can undertake the manoeuvre safely and with the
minimum interference to the safety and free flow of traffic on the public road. 
5. The landscaping as shown in drawing numbers MO01-1_Remix_SL_63 hereby
approved shall be provided by no later than the first planting season after
completion or first occupation (whichever is the soonest) of the respective
house plot/block of flats to which the landscaping relates. 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 the
Planning Authority gives written consent to any variation of this condition. 
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 amenity, appearance, character and quality of the development and the
surrounding area. 
6. No development shall commence until a scheme for the provision of a
communal bin storage area for flatted properties in the development has been
submitted to and approved in writing by the Planning Authority. Thereafter, no
flats shall be brought into use unless they are served by the bin storage
facilities as approved under this condition for their respective block. 
Reason: In order to ensure the flatted properties are served by suitable
recycling and refuse facilities. 
12. PLANNING APPLICATION 20/00781/APP 
WARD 7: ELGIN NORTH 
Proposed residential development (100% affordable) with associated access
infrastructure landscaping and miscellaneous works at Spynie Hospital Duffus
Road Elgin Moray for Moray Council 
A report was submitted by the Appointed Officer recommending that, for reasons
detailed in the report, planning permission be granted for an application for a
proposed residential development (100% affordable) with associated access
infrastructure landscaping and miscellaneous works at Spynie Hospital Duffus Road
Elgin Moray for Moray Council. 
It was noted that the application had been referred to Committee in terms of the
Scheme of Delegation as the application is on a housing site designated for 50
houses within the Development Plan. 
During discussion surrounding biodiversity enhancements proposed for the site, the
provision of bird boxes and bat boxes was welcomed however it was queried
whether a condition could be added to include insect hotels. 
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In response, Ms MacDonald, Senior Planning Officer agreed to add a condition to
include the provision of insect hotels. 
During further discussion surrounding the concern raised in objections in relation to
overshadowing, confirmation was sought from Officers that any overshadowing was
in line with policy. 
In response, Mr MacPherson, Principal Planning Officer advised the Committee that
the issue of overlooking and overshadowing was primarily in the area that bounds
Duffus Lane and Duffus Crescent.  With regard to overlooking, Mr MacPherson
advised that the Applicant had worked extensively with Officers to amend plans and
minimise overlooking and with regard to overshadowing, Mr MacPherson advised
that this could not be prevented however was confident this will not be excessive or
unreasonable. 
With regard to the proposed provision of cycle storage it was asked, for consistency
with other planning applications, if a further condition could be included to provide
storage for at least 2 cycles per flat. 
In response, Ms MacDonald agreed to amend condition 21 to include the provision of
storage for at least 2 cycles per flat. 
Following consideration, the Committee agreed to grant planning permission in
relation to Planning Application 20/00781/APP subject to: 
• the completion of a new legal agreement prior to the issue of consent; and
• the following conditions and reasons including:
o an additional condition to include the provision of insect hotels; and  
o an amendment to condition 21 to include the provision of storage for at
least 2 cycles per flat 
1. No development shall commence (other than those works required to further
investigate and remediate contamination on the site) until:
(i) A report of assessment of contamination on the previously inaccessible
area in the northeast of the site has been submitted to the Council as
Planning Authority. The assessment should be undertaken by an
appropriately qualified person in accordance with relevant up-to-date
authoritative technical guidance, e.g.  BS10175 'The Investigation of
Potentially Contaminated Sites - Code of Practice', in accordance with a
sampling strategy previously submitted to and accepted by the Council.
The report shall include details of how identified contamination will be
dealt with during subsequent construction works and details of remedial
measures required to treat, remove or otherwise mitigate contamination to
ensure that the site is suitable for the proposed use.
(ii) Written confirmation has been issued by the Council as Planning Authority
that all remedial measures to deal with contamination on the site have
been implemented and completed in accordance with the details as
specified in the agreed final version of the applicant's remediation plan,
dated 10 May 2021, along with additional remedial measures identified as
a result of the additional investigations in the northeast of the site. 
Reason: To ensure that the site, including areas not previously investigated, is
suitable for the proposed use, and that risks posed by on-site contamination to
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the wider environment and to the users of neighbouring land are appropriately
managed. 
2. For the avoidance of doubt all units hereby approved be used for affordable
housing purposes only in accordance with the agreement(s) reached between
the applicant/developer and Moray Council and/or any registered social
landlord (e.g. housing association or similar) to enable the long term delivery of
affordable housing on this site; and no development shall commence until
details of the agreement(s) to confirm the arrangements for the delivery of the
proposed affordable and specialist accommodation hereby approved shall be
submitted to and approved in writing by the Council, as Planning Authority.   
Thereafter, the development shall be implemented in accordance with the
approved details. 
Reason: To ensure an acceptable form of development in terms of the required
provision and delivery of the affordable housing accommodation proposed for
this site wherein the benefits of such provision are passed on to serve the
community in future years. 
3. All drainage proposals shall be as detailed on approved plan GC22387-96-001
C. All measures for the management of surface water shall be implemented in
full prior to the first occupation of any residential unit hereby approved and
thereafter shall be maintained in accordance with the submitted SUDS
Maintenance Strategy SPY-B&B-XX-XX-RP-C-002 dated 23 March 2021. 
Reason: To ensure that surface water drainage is provided timeously and
complies with the principles of SuDS; in order to protect the water environment. 
4. No development shall commence until details confirming the installation of fibre
broadband connection for each residential unit (to be provided prior to
occupation of each unit) have been submitted to and approved in writing by the
Council, as Planning Authority. Thereafter, the development shall be
implemented in accordance with these approved details, unless otherwise
agreed in writing by the Council, as Planning Authority. 
Reason: To ensure the residential units hereby approved are served by
appropriate high speed internet connections 
5. No development shall commence on the development hereby approved until a
detailed Art Strategy (including street naming strategy) has been submitted to
and approved by the Council as Planning Authority.  This shall reflect the
principles set out in the submitted document Spynie Integrated Public Art
Strategy and include details of how the art will be delivered and a timetable for
delivery and details of maintenance arrangements.  Thereafter the strategy
shall be implemented in accordance with the phasing details contained within it. 
Reason: To ensure that public art is appropriately incorporated into the
development. 
6 No development shall commence until a site-specific Construction
Environmental Management Plan (CEMP) has been submitted to and approved
by the Council, as Planning Authority.  The CEMP shall address all
environmental management issues related to the development including
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arrangements in the event of unforeseen protected species being encountered
on site which shall be in line with the measures set out in section 6.14 of the
submitted document Spynie Hospital Redevelopment Extended Phase 1
Habitat Survey Report. Thereafter, the development shall be implemented in
accordance with the approved CEMP details. 
Reason: In order to minimise the impacts of the development works upon the
environment. 
7.  No development shall commence until a pre-construction (no more than 6
months prior to the start of works) badger survey, in line with the
recommendations contained within the submitted report entitled Spynie
Hospital Redevelopment Extended Phase 1 Habitat Survey' by dated August
2020, has been undertaken and a report of survey has been submitted to, and
approved in writing by, the Council, as Planning Authority. The survey shall
include mitigation measures where any impact, or potential impact, on
protected species or their habitat has been identified and a species protection
plan. Development and work shall progress in accordance with any mitigation
measures contained within the approved report of survey and the timescales
contain therein. 
Reason: To ensure that the site and its environs are surveyed and the
development does not have an adverse impact on protected species or habitat. 
8.  No development shall commence until a pre-construction (no more than 6
months prior to the start of works) red squirrel survey, in line with the
recommendations contained within the submitted report entitled Spynie
Hospital Redevelopment Extended Phase 1 Habitat Survey' by dated August
2020, has been undertaken and a report of survey has been submitted to, and
approved in writing by, the Council, as Planning Authority. The survey shall
include mitigation measures where any impact, or potential impact, on
protected species or their habitat has been identified. Development and work
shall progress in accordance with any mitigation measures contained within the
approved report of survey and the timescales contain therein. 
Reason: To ensure that the site and its environs are surveyed and the
development does not have an adverse impact on protected species or habitat. 
9.  No development shall commence until a pre-construction bat survey (no more
than 3 months prior to the start of works), in line with the recommendations
contained within the submitted report entitled Spynie Hospital Redevelopment
Extended Phase 1 Habitat Survey' by dated August 2020, has been undertaken
and a report of survey has been submitted to, and approved in writing by the
Council, as Planning Authority. The survey shall include mitigation measures
where any impact, or potential impact, on protected species or their habitat has
been identified. Development and work shall progress in accordance with any
mitigation measures contained within the approved report of survey and the
timescales contain therein. 
Reason: To ensure that the site and its environs are surveyed and the
development does not have an adverse impact on protected species or habitat. 
10.  No development shall commence until details of the exact location of all bat and
bird boxes proposed on approved drawing 10948-LD-PLN-002 have been
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submitted to and agreed in writing with the planning authority.  Thereafter all
bat and bird boxes shall be installed prior to the first occupation of any unit
hereby approved.   
Reason:  To ensure that the proposed biodiversity enhancement measures are
timeously provided.   
11.  No development shall commence until details of hedgehog highways between
plots have been submitted to and agreed in writing by the Planning Authority. 
Thereafter the approved details shall be implemented prior to the first
occupation of any unit hereby approved.   
Reason:  To ensure sufficient biodiversity enhancement measures. 
12.  No development shall commence until the tree protection measures detailed on
the approved plan 0948-LD-PLN-100 revision G have been implemented in full. 
Reason: In order to ensure adequate measures to protect retained trees are in
place. 
13.  Notwithstanding the submitted play strategy no development shall commence
until revised details for the play park have been provided to include details of
the surfacing of the play park which shall be suitable for those with physical
disabilities and the inclusion of play equipment and benches for those with
physical and sensory disabilities. The equipped play area shall be provided in
accordance with the approved details and be available for use prior to the
occupation of any of the houses hereby approved. Thereafter the play area
shall be maintained in accordance with the approved maintenance
arrangements. 
Reason: To ensure that the play park makes adequate provision for all abilities
play and  ensure the adequate provision of an equipped play area and its future
maintenance. 
14.  No development shall commence until an implementation plan setting out the
timings of provision of each element of the proposed landscaping and open
space has been submitted to and approved in writing by the planning authority. 
Thereafter the development shall not proceed except in accordance with the
agreed plan.  All landscaping shall be in accordance with approved drawing
10948-LD-PLN-001 D and submitted documents Spynie Residential
Development Soft Landscape Specification and Planting Schedules REF:
10948-LD-DOC-001 date March 2022 and Spynie Hospital Redevelopment
Moray Council Landscape Materials and Planting Palette 10948-LD-REP-
001version 2 date March 2002.  For the avoidance of doubt the implementation
plan must provide for all seeding and planting to be carried out no later than the
first planting season following the completion of development. 
Reason: To ensure a high standard of landscaping is proposed and timeously
provided. 
15.  No development shall commence until details including materials, design and
surface density of an 1.8m high acoustic fence as  described on page 14 of the
noise impact assessment supporting document by AECOM Limited, 1 New
York Street, Manchester, Revision 3 dated 31/05/2022, Project number:
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60620771 and titled "Former Spynie Hospital. Planning Noise Report. Moray
Council and Grampian Housing Association have been submitted to and
agreed in writing by the Planning Authority in consultation with the
Environmental Health Authority.  Thereafter the approved fence shall be
provided as follows:
• Plot 1  along the southern and western boundary of the  plot
• Plot 2 along the western boundary of the plot
• Plots 28 - 34 along the southern boundary of each plot 
The fence shall be provided prior to the first occupation of the unit on the plot to
which the fence is provided and retained in perpetuity. 
Reason: To prevent noise nuisance. 
16.  No development shall commence until a Construction Environmental
Management Plan (CEMP) has been 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, dust and
artificial lighting. Thereafter the development will be carried out in accordance
with the agreed plan at all times. 
Reason: To minimise the impact of construction works upon the amenity of the
surrounding area including any neighbouring residential property. 
17.  Notwithstanding the submitted Road Safety Audit and proposed works to widen
the B9012 and pedestrian refuge crossing (which are not accepted). No
development shall commence until the details have been submitted for
approval by the Planning Authority in consultation with the Roads Authority: 
• Details (Plans scale 1:500 min) for Pedestrian and Cycle crossing facilities
on the B9012 to address connectivity for access to the cycle path on the
western side of the B9012 and provide access to the bus stops. 
• Details (Plans scale 1:500 min) for a 2 metre wide footpath on the north
side of the B9012 connecting the footway between the proposed site
access onto the B9012 and the existing cycle path from Duffus Heights to
the northwest. 
• A Road Safety Audit (Stage 2) for the proposed site layout and any offsite
works to the B9012 and revisions to the proposals to address issues
raised. 
Thereafter, unless otherwise agreed in writing by the Planning Authority in
consultation with the Roads Authority, the development shall be completed in
accordance with the approved details. 
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 or unacceptable. 
18.  No development shall commence until the following details have been
submitted for approval in writing by the Planning Authority in consultation with
the Roads Authority: 
• Details (written proposals and/ or plans) to confirm the provision of the
necessary cabling, ducting, and consumer units capable of supporting the
future charging unit for each house. 
• Details (product specification) for the proposed rapid charging unit (min
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22Kw) to be provided for the flats. 
Thereafter the EV charging infrastructure for the houses and flats shall be
provided in accordance with the approved drawing and details prior to the first
occupation of any house or flat which it is associated with. 
Reason: In the interests of an acceptable form of development and the
provision of infrastructure to support the use of low carbon transport, through
the provision of details currently lacking. 
19.  No development shall commence until details have been have been submitted
to and approved in writing by the Council, as Planning Authority in consultation
with the Roads Authority to confirm the arrangements for future
adoption/vesting by an in-perpetuity regulatory body, of the maintenance and
management of the roads SUDs system excluding any other parts of the SUDs
system to be identified by the Roads Authority which is to be maintained by or
factored on behalf of the developer or their successors.  
Reason: To ensure the management and maintenance of effective roads
drainage and surface water management infrastructure proposed for the site. 
20.  No development shall commence until details have been submitted to confirm
the maintenance/ factoring arrangements for all landscaped areas within or
adjacent to the public road (including footways and cycle paths, verges, and
service strips but excluding residential plot boundaries). Thereafter the
landscaping shall be maintained in accordance with the approved
arrangements and it must be ensured that landscaping will not interfere with the
function of the public road or cause a hazard to road users. 
Reason: In the interests of road safety and the provision of details currently
lacking from the submission. 
21.  No development shall commence in relation to Plots 3-7 or 31-34 until details
have been submitted to and approval in writing by the Planning Authority in
consultation with the Roads Authority for the proposed secure and enclosed
cycle storage to provide a minimum of 2 cycle spaces per flat. 
Thereafter, no flat shall be occupied until the cycle storage associated with it
has been provided and made available for use and the cycle storage shall be
retained and maintained in perpetuity as cycle parking for use in conjunction
with the flat. 
Reason: To ensure the permanent availability of the level of cycle parking
necessary for residents/visitors/others in the interests of an acceptable
development. 
22.  No works shall commence on site until a Construction Traffic Management Plan
has been submitted to and approved in writing by the Council, as Planning
Authority in consultation with the Roads Authority. The Construction Traffic
Management Plan shall include the following information: 
• duration of works; 
• construction programme; 
• anticipated schedule for delivery of materials and plant; 
• full details of any temporary construction access; 
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• measures to be put in place to prevent material being deposited on the
public road; 
• measures to be put in place to safeguard the movements of pedestrians; 
• traffic management measures to be put in place during works including
any specific instructions to drivers; and 
• parking provision, loading and unloading areas for construction traffic. 
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. 
23.  A visibility splay 2.5m x 90m in both directions shall be provided at the site
access onto the B9012 and thereafter maintained clear of any obstruction over
0.6m in height measured from the carriageway. 
Reason: To enable drivers of vehicles entering or exiting the site to have a
clear view so that they can undertake the manoeuvre safely and with the
minimum interference to the safety and free flow of traffic on the public road. 
24.  No boundary fences, hedges, walls or any other obstruction whatsoever over
1.0 metre in height and fronting onto the public road shall be within 2.4 metres
of the edge of the carriageway, measured from the level of the public
carriageway, unless otherwise agreed in writing by the Council, as Planning
Authority in consultation with the Roads Authority. 
Reason: To enable drivers of vehicles leaving driveways to have a clear view
over a length of road sufficient to allow safe exit, in the interests of road safety
for the proposed development and other road users. 
25.   Parking provision shall be provided in accordance with Parking Standards of
the Moray Local Development Plan 2020 prior to the first occupation of the
house or flat which it is associated with. Thereafter the parking provision shall
and retained and available for use for that purpose unless otherwise agreed in
writing by the Planning Authority. 
Reason: To ensure the permanent availability of the level of parking necessary
for residents/visitors/others in the interests of an acceptable development and
road safety. 
26.  None of the units hereby approved shall be occupied until the roads and paths
connecting it to the B9012 and the works to provide the pedestrian and cycle
crossing(s) on the B9012 in accordance with the approved details, have been
completed and opened to the public. 
Reason: In the interests of an acceptable form of development and the
provision of safe access for all road users in the interests of road safety.  
27.  Notwithstanding the provisions of Article 3 and Schedule 1 of the Town and
Country Planning (General Permitted Development) (Scotland) Order 1992 (as
amended, revoked or re-enacted; with or without modification), no development
shall take place in the service strips along plot frontages and no additional
planting shall take place within these areas.
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Reason: In order to retain effective control over future development within the
application site so that it is carefully managed and to ensure effective roads
drainage infrastructure is provided and safeguarded. 
28.  The maintenance arrangements for the landscaping and play area contained in
chapter 7 of the submitted document Spynie Residential Development Soft
Landscape Specification and Planting Schedules shall be implemented in full. 
Reason: To ensure that these areas are properly maintained in a manner
which will not adversely affect the development or amenity and character of the
area 
29.  All measures in relation to ground nesting birds contained in paragraphs 6.10-
613 of the Spynie Hospital Redevelopment Extended Phase 1 Habitat Survey'
by dated August 2020 shall be adhered to at all times. 
Reason: To ensure that ground nesting birds and their nests are protected.   
30.  No trees other than those identified for removal on the approved plan 10948-
LD-PLN-100 revision G shall be removed without the prior written approval of
the Council, as Planning Authority. 
Reason: In order to ensure tree removal is adequately controlled. 
31.  Construction works (including vehicle movements) associated with the
development audible at any point on the boundary of any noise sensitive
dwelling shall be permitted between 0800 - 1900 hours, Monday to Friday and
0800 - 1300 hours on Saturdays only, and at no other times out with these
permitted hours (including National Holidays) shall construction works be
undertaken except where previously agreed in writing with the Council, as
Planning Authority and where so demonstrated that operational constraints
require limited periods of construction works to be undertaken out with the
permitted/stated hours of working. 
Reason - To minimise the impact of construction works upon the amenity of the
surrounding area including any neighbouring residential property. 
32.  The units approved on plots 3 to 8 and 31 to 34 shall have acoustic trickle
ventilation provided in first floor living apartments windows, which should
achieve an acoustic performance of at least Dn,e,w 29 dB Ctr -1 dB, as
identified in "Table 6 Glazing/Ventilation Configuration" of the noise impact
assessment supporting document by AECOM Limited, 1 New York Street,
Manchester, Revision 3 dated 31/05/2022, Project number: 60620771 and titled
"Former Spynie Hospital. Planning Noise Report. Moray Council and Grampian
Housing Association." 
Reason: To prevent noise nuisance. 
33.  The units approved on plots 1, 2 and 31 to 34 shall have acoustic trickle
ventilation provided in first floor bedroom windows, which should achieve an
acoustic performance of at least Dn,e,w 26 dB Ctr -1 dB, as identified in "Table
6 Glazing/Ventilation Configuration" of the noise impact assessment supporting
document by AECOM Limited, 1 New York Street, Manchester, Revision 3
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dated 31/05/2022, Project number: 60620771 and titled "Former Spynie
Hospital. Planning Noise Report. Moray Council and Grampian Housing
Association." 
Reason: To prevent noise nuisance. 
34.  The units approved on plots 3 to 8 and 31 to 34 shall have acoustic thermal
double-glazing units (6mm pane/12mm air gap/4mm pane) provided in first floor
living apartments windows, which should achieve an acoustic performance of at
least Rw + Ctr = 28 dB, as identified in "Table 6 Glazing/Ventilation
Configuration" of the noise impact assessment supporting document by
AECOM Limited, 1 New York Street, Manchester, Revision 3 dated 31/05/2022,
Project number: 60620771 and titled "Former Spynie Hospital. Planning Noise
Report. Moray Council and Grampian Housing Association." 
Reason: To prevent noise nuisance. 
35.  The units approved on Plots 1,2 and 31 to 34 shall have acoustic thermal
double-glazing units (6mm pane/12mm air gap/4mm pane) provided in first floor
bedroom windows, which should achieve an acoustic performance of at least
Dn,e,w 26 dB Ctr -1 dB, as identified in "Table 6 Glazing/Ventilation
Configuration" of the noise impact assessment supporting document by
AECOM Limited, 1 New York Street, Manchester, Revision 3 dated 31/05/2022,
Project number: 60620771 and titled "Former Spynie Hospital. Planning Noise
Report. Moray Council and Grampian Housing Association." 
Reason: To prevent noise nuisance. 
36. No development shall commence until details including locations have been
provided of a minimum of 2 insect hotel/stacks have been submitted to and
agreed in writing by the Planning Authority. Thereafter the approved details
shall be implemented prior to the first occupation of any unit hereby approved.   
Reason: To ensure sufficient biodiversity enhancement measures. 
13. BUCKIE SOUTH MASTERPLAN 
A report by the Depute Chief Executive (Economy, Environment and Finance) asked
the Committee to note the representations to the draft Buckie South Masterplan and
agree the Council’s response to these and that delegated authority is granted to the
Head of Economic Growth and Development to make further technical amendments
following an updated Transport Appraisal (TA) and further revisions set out in the
report and thereafter, proceed to adoption of the Masterplan as non-statutory
supplementary guidance (SG) to the Moray Local Development Plan 2020 (LDP).   
During her introduction, Ms Webster, Senior Planning Officer advised the Committee
of 2 typos in Appendix 2, the first at page 107 where page 25 should read page 36
and the second at page 108 where page 40 should read page 25.  This was noted. 
During discussion surrounding the draft Masterplan a number of suggestions were
made by the Committee for inclusion in the final Masterplan including the provision of
accessible play equipment for mobility impaired users, the use of communal waste
points and the inclusion of photographs of attractive gateways into Buckie
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In response, Ms Webster agreed to incorporate the Committee’s suggestions into the
final version of the Masterplan. 
Thereafter, the Committee agreed: 
(i) to note the representations received to the public consultation on the draft
Buckie South Masterplan and agrees the Council’s responses to these as set
out in Appendix 1; 
(ii) the amendments to the final draft Masterplan as set out in Appendix 2 and that
these will be incorporated into the Masterplan, subject to: 
• the correction of 2 typos at page 107 where page 25 should read page 36
and at page 108 where page 40 should read page 25;
• additional wording in relation to accessible play equipment for mobility
impaired users; 
• additional wording in relation to waste management, specifically the use
of communal waste points; and
• the inclusion of photographs of attractive gateways to Buckie; 
(iii) to delegate authority to the Head of Economic Growth and Development to
make any further technical changes required to the Masterplan following the
review of an updated Transport Appraisal (TA) and any necessary revisions
required by the Transportation Manager, and thereafter, proceed to adopt the
Masterplan as non-statutory Supplementary Guidance (SG) upon the
satisfactory completion of this work; and 
(iv) that the amalgamated final draft Masterplan and proposed amendments will be
a material consideration in the determination of planning applications and that
following any necessary revisions required by the Transportation Manager, and
subsequent adoption as non-statutory SG to the LDP the Masterplan is afforded
significant weight in the development management process. 
14. APPOINTMENT OF PUBLIC ANALYST, AGRICULTURAL ANALYST 
A report by the Depute Chief Executive (Economy, Environment and Finance)
informed the Committee of the resignation of the appointed Public Analyst and
Agricultural Analyst and sought agreement to formally appoint the successor. 
Following consideration, the Committee agreed to appoint Karen Maddison B.Sc.
(Hons), M.Chem.A., C.Chem., M.R.S.C to act as Public Analyst and Agricultural
Analyst for Moray Council. 
15. UNAUTHORISED ERECTION OF A FENCE AT RESIDENTIAL PROPERTY
IN ELGIN [PARA 12] 
A report by the Depute Chief Executive (Economy, Environment and Finance)
informed the Committee of the unauthorised erection of a 1.5m high timber fence in
the front garden of a residential property in Elgin. 
Following consideration, the Committee agreed:
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(i) to Officers issuing a Planning Enforcement Notice under Section 127 of the
Town and Country Planning (Scotland) Act 1997: the Enforcement Notice will
require the owner of the fence to reduce the height of the front garden fence on
the north and west boundary to 1.0m or less within 6 weeks of the Enforcement
Notice taking effect. 
(ii) that should the Enforcement Notice not be complied with then authority be given
to Officers to take direct action to reduce the height of the fence. 
Page 65

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Page 67

GUIDANCE NOTE PRODUCED FOR PLANNING & REGULATORY SERVICES COMMITTEE
MEETING OF  16 August 2022 
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 Director of Environmental Services 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 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
Local or Structure Plan. 
Where a Councillor is convinced that there is reason to depart from Local 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 Director of Environmental Services 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 authorities 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 Local Development Plan. 
Page 67

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Page 69

REPORT TO: PLANNING AND REGULATORY SERVICES COMMITTEE ON 16
AUGUST 2022 
SUBJECT: 22/01057/PAN – ERECTION OF CLASS 5 PURPOSES WITH
ANCILLARY CLASS 4 THE INSTALLATION OF BIO-REFINERY
PLANT, FORMATION OF CAR PARKING AND ASSOCIATED
INFRASTRUCTURE AT NORTH STREET, ROTHES, ABERLOUR,
MORAY 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To inform the Committee that a Proposal of Application Notice (PAN) was
submitted on 15 July 2022 on behalf of Celtic Renewables. 
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. RECOMMENDATION 
2.1 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
(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.   
3. BACKGROUND 
3.1 Scottish Government has published guidance which encourages elected
members to highlight any issues with a proposed development at the pre-
Item 7
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Page 70

application stage which they would wish to see taken into account within any
formal application for planning permission. 
3.2 Following consideration by this Committee on 11 November 2014 it was
agreed that any PAN received after this date would be reported to Committee
to give Members of 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 (paragraph 4 of the Minute
refers). 
3.3 This current 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. 
3.4 This PAN relates to various activities at the site of the former maltings at the
northern end of Rothes, now part of the CoRDE site (biomass fired heat and
power plant). The proposal will cover general industrial and business activities
(planning Use Classes 4 and 5) based around a bio-refinery and associated
development linked with the existing neighbouring CoRDe combined heat and
power plant. It is intended that the proposed bio-refinery will utilise local by-
products from the whisky industry such as pot ale and draff. A plan is
appended showing the location and extent of the site (Appendix 1). The site
extends to approximately 0.5 hectares and sits within the Rothes settlement
boundary and within industrial designation I2 ‘The Distilleries’. 
3.5 A formal response will be issued to the applicant’s agent to confirm that the
proposed arrangements for engaging with the local community are sufficient. 
The applicant proposes a virtual consultation period and a consultation event
for the local community held in Grant Hall in Rothes in September. Speyside
Community Council and Local Ward Members will be invited to the events. 
3.6 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. 
4. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
Identifying key issues at an early stage to assist with front loading major
planning applications is a vital aspect of supporting and facilitating the
Council’s priority for economic development in Moray. 
(b) Policy and Legal
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Page 71

Scottish Government guidance on the role of councillors in pre-
application procedures affords elected 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. 
(c) Financial implications
None. 
(d) Risk Implications
None. 
(e) Staffing Implications
None. 
(f) Property
None. 
(g) Equalities/Socio Economic Impact
None. 
(h) Climate Change and Biodiversity Impacts
None. 
(i) Consultations
Depute Chief Executive (Economy, Environment and Finance), the Head
of Economic Growth and Development, the Legal Services Manager, the
Development Management and Building Standards Manager, the Equal
Opportunities Officer, the Strategic Planning & Delivery Manager, and
Lissa Rowan (Committee Services Officer) have been consulted, and
comments received have been incorporated into the report. 
Members of Moray Council who are not on this Committee have also
been consulted and any views received on the proposal will be made
known at the meeting 
5. CONCLUSION 
5.1 The Council has received a PAN intimating that a formal application for
planning permission will be submitted for a major development
proposal, in this case for permission for the development of a bio-
refinery, car parking and associated development within the Business
and Industry Classes (Class 4 and 5) of the planning Use Class Order. 
The Committee (and any other Member(s) of the Council) are asked to
identify any provisional views/relevant issues which they would wish to
see taken into account and inform the development of the proposal. 
Author of Report: Neal MacPherson 
Principal Planning Officer 
Page 71

Page 72

Background Papers: 
Ref: 22/01057/PAN 
Page 72

Page 73

Gibbet Brae
ROTHES
Crofts Farm
Haugh of Rothes
Broad Burn
Straen Buckie Wood
High
Street
North
Street
Green Street
A941
B9015
FB
Greens of Rothes
2
7
1
9
8 4
WB
Cottages
Chy
Hall
Track
Tank
Tanks
Railway
B
9015
Power Station
Gas Distribution Sta
14
13
26
Millburn
Greenbrae
Ben Newe
NORTH
STREET
Thistledown Cottage
1
Tanks
Track
Tank
TanksWB
Chy
B
9015
1:2500
COMMITTEE SITE PLAN
Erection of Class 5 purposes with ancillary Class 4
the installation of external plant formation of ca
parking and associated development at North Street
Rothes
ABERLOUR
Application Reference Number:
22/01057/PAN
(c) Crown Copyright. The Moray Council 100023422 2015
.0 1,000 2,000500
Meters
APPENDIX 1
Item 7
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Page 75

REPORT TO: PLANNING AND REGULATORY SERVICES COMMITTEE ON 16
AUGUST 2022. 
SUBJECT: 22/00692/PAN – PHASE 3 OF RESIDENTIAL DEVELOPMENT
SERVICED SCHOOL SITE AND INFRASTRUCTURE AT ELGIN
SOUTH, ELGIN, MORAY. 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To inform the Committee that a Proposal of Application Notice (PAN) was
submitted on 6 May 2022 on behalf of Springfield Properties PLC. 
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. RECOMMENDATION 
2.1 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
(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.   
3. BACKGROUND 
3.1 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. 
Item 8
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Page 76

3.2 Following consideration by this Committee on 11 November 2014 it was
agreed that any PAN received after this date would be reported to Committee
to give Members of 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 (paragraph 4 of the Minute
refers). 
3.3 This current 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. 
3.4 This PAN relates to a proposed housing development at the south west side
of Elgin, within an area identified within the Elgin South Masterplan area for
development. Associated with the development will be a serviced school site
and other infrastructure associated with the housing development.  A plan is
appended showing the location and extent of the site (Appendix 1). The site
falls within designation LONG2 within Moray Local Development Plan 2020,
but the updated Elgin South Masterplan addresses the revisions to phasing
that occurred across the Elgin South area. The area is now known as Phase
1D Village Core (West) in the updated Elgin South Masterplan. 
3.5 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 proposes to consult with Elgin Community Council and will hold
a virtual consultation event (with details/dates to be confirmed and to be
advertised in the Northern Scot). The applicant also proposes to attend any
virtual Community Council meeting if requested by them to discuss the
proposal. 
3.6 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. 
4. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
Identifying key issues at an early stage to assist with front loading major
planning applications is a vital aspect of supporting and facilitating the
Council’s priority for economic development in Moray. 
(b) Policy and Legal
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Page 77

Scottish Government guidance on the role of councillors in pre-
application procedures affords elected 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. 
(c) Financial implications
None. 
(d) Risk Implications
None. 
(e) Staffing Implications
None. 
(f) Property
None. 
(g) Equalities/Socio Economic Impact
None. 
(h) Climate Change and Biodiversity Impacts
None. 
(i) Consultations
Depute Chief Executive (Economy, Environment and Finance), the Head
of Economic Growth and Development, the Legal Services Manager, the
Development Management and Building Standards Manager, the Equal
Opportunities Officer, the Strategic Planning & Delivery Manager, and
Lissa Rowan (Committee Services Officer) have been consulted, and
comments received have been incorporated into the report. 
Members of Moray Council who are not on this Committee have also
been consulted and any views received on the proposal will be made
known at the meeting 
5. CONCLUSION 
5.1 The Council has received a PAN intimating that a formal application for
planning permission will be submitted for a major development
proposal, in this case permission for housing development within the
Elgin South Masterplan area, associated serviced school site and other
infrastructure.  The Committee (and any other Member(s) of the Council)
are asked to identify any provisional views/relevant issues which they
would wish to see taken into account and inform the development of the
proposal. 
Author of Report: Neal MacPherson 
Principal Planning Officer 
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Page 78

Background Papers: 
Ref: 22/00692/PAN 
Page 78

Page 79

Mayne Lodge Birkenhill Cottage
Burn of Linkwood
Mayne Wood
Birkenhill Wood
A941
Drain
Issues
Mayne Wood
A941
32m
37m
50m
35m
30m
50m
40mPit
Track
Mingulay
The Neuk
(dis)
Golf
Course
Birkenhill Wood
Birkenhill
Birkenhill
Club House
Drain
Drain
Drain
Glassgreen
Golf Course
Hardhillock
House
Issues
Weir
W
Sluice
Path
Track
Y A V E N U E
R
E
S
C
E
N
T
B I R N
A941
34m
39m
22m
27m
40m
25m
Aqueduct
45m
35m
35m
30m
45m
Tk
25m
30m
20m
40mBirkenhill
Cottage
A941
B
I
R
N
EI D R I V E
L E O N A C
H
P L
G
LE
N
E
LGINDRIV
E
EINRIB
C I R C L E
L
E
O N A C H CRES
TH O N I
AC
IE W
DO
VE
A
V E
FOG
A
TT 
CR
C
T
L
G
NE
A
Golf
Range
Path
L
R H
L
O
D
V E
C
O
U
R
T
TEINLAND
PL
Burn of
Linkwood
Path
V
H
I
BEN
R
BEN
RIAC
H
W
H
O
LY
R
O O D D R IVE
B I S S E
T
B
E
AT U R
C
U H A R T
G
R
U L Z E A N RDRD
Q
G L A M I S P L
R
O ON P
E L
G
LE S D R I V E
A941
THORNHILL D R IVE
HOLYROOD DRIVE
BIRNIE
CRESCENT
DRIVE
BIRNIE
BIRNIE CIRC LE
B I RNIE DRIVERWAY
AV E NUE
G
LEN E AGLESDR
GLEN
ELGIN
D
R
DOVE
COURT
BEN
R
IACH
VW
BISSET
BEAT
LEONACHCRES
LEO N A C H PL
GLAMIS PLACE
FOGWATTCRES
CULZE AN ROAD
TEINDLAND
URQUH AR T GR
DOVEAV
EILEAN
DONAN
WY
TROON P L
CRATHES CT
BENRIACH
CT
GLASSGREEN
PL
SANDSTONE A
CARNOUSTIEWY
THORNHILL CT
EILEAN
DONANW
Y
URQUHART
GR
1:7500
COMMITTEE SITE PLAN
Phase 3 of residential development services
school site and infrastructure at Elgin South
Elgin
ELGIN
Application Reference Number:
22/00692/PAN
(c) Crown Copyright. The Moray Council 100023422 2015
.0 1,000 2,000500
Meters
APPENDIX 1
Item 8
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Page 81

REPORT TO: PLANNING AND REGULATORY SERVICES COMMITTEE ON 16
AUGUST 2022. 
SUBJECT: 22/00900/PAN – NEW DISTILLERY PROCESS BUILDING BIO-
PLANT OFFICES WAREHOUSING ACCESS ROAD AND
ASSOCIATED INFRASTRUCTURE AT MILTONDUFF
DISTILLERY, MILTONDUFF, ELGIN, MORAY, IV30 8TQ 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To inform the Committee that a Proposal of Application Notice (PAN) was
submitted on 17 June 2022 on behalf of Chivas Brothes Limited. 
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. RECOMMENDATION 
2.1 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
(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.   
3. BACKGROUND 
3.1 Scottish Government has published guidance which encourages elected
members to highlight any issues with a proposed development at the pre-
Item 9
Page 81

Page 82

application stage which they would wish to see taken into account within any
formal application for planning permission. 
3.2 Following consideration by this Committee on 11 November 2014 it was
agreed that any PAN received after this date would be reported to Committee
to give Members of 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 (paragraph 4 of the Minute
refers). 
3.3 This current 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. 
3.4 This PAN relates to a proposed new distillery process building, bio-plant,
offices, warehousing, access road and associated infrastructure at MiltonDuff
Distillery and land to the north east stretching north as far as the C class Elgin
to Pluscarden Road. A plan is appended showing the location and extent of
the site (Appendix 1). The site is large and extends to approximately 28
hectares and lies mostly within the Elgin Countryside Around Towns (CAT)
designation as defined in Moray Local Development Plan 2020. There are
several heritage assets of interest upon the site too such as archaeology
records at the distillery itself and the C-listed Milton Dovecot west of the
distillery. Some of the site covers the existing distillery with the remainder
currently occupying agricultural land. 
3.5 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 proposes to consult with the Heldon Community Council, and
undertake a previously advertised public consultation event in Miltonduff
Village Hall. 
3.6 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. 
4. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
Identifying key issues at an early stage to assist with front loading major
planning applications is a vital aspect of supporting and facilitating the
Council’s priority for economic development in Moray. 
Page 82

Page 83

(b) Policy and Legal
Scottish Government guidance on the role of councillors in pre-
application procedures affords elected 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. 
(c) Financial implications
None. 
(d) Risk Implications
None. 
(e) Staffing Implications
None. 
(f) Property
None. 
(g) Equalities/Socio Economic Impact
None. 
(h) Climate Change and Biodiversity Impacts
None. 
(i) Consultations
Depute Chief Executive (Economy, Environment and Finance), the Head
of Economic Growth and Development, the Legal Services Manager, the
Development Management and Building Standards Manager, the Equal
Opportunities Officer, the Strategic Planning & Delivery Manager, and
Lissa Rowan (Committee Services Officer) have been consulted, and
comments received have been incorporated into the report. 
Members of Moray Council who are not on this Committee have also
been consulted and any views received on the proposal will be made
known at the meeting 
5. CONCLUSION 
5.1 The Council has received a PAN intimating that a formal application for
planning permission will be submitted for a major development
proposal, in this case for permission for the development of a new
distillery process building, bio-plant, offices, warehousing, access road
and associated infrastructure. The Committee (and any other Member(s)
of the Council) are asked to identify any provisional views/relevant
issues which they would wish to see taken into account and inform the
development of the proposal. 
Author of Report: Neal MacPherson
Page 83

Page 84

Principal Planning Officer 
Background Papers: 
Ref: 22/00900/PAN 
Page 84

Page 85

Tyrockside
Muir of Miltonduff
Mosstowie
Miltonduff
Pittendreich
Black Burn
Caulrayne
Wester Manbeen
Lochinver Quarry
Drain
Miltonduff
Muir of Miltonduff
W
Sluice
W
Tyrockside
L O
C
H
I E P
O
T
S
R
O
A
D
34m
35m
30m
35m
Miltonduff Bridge
Tyrockside
Croft
Drain
Track LOCHIEPOTS
ROAD
LOCHIEPOTS
RD
Ballantine
Circle
Drain
Drain
Hall
Issues
Lochinver Quarry
Miltonduff
Miltonduff
War Meml
Path
Path
Track
Track
39m
39m
Caulrayne
Dunroamin
Miltonduff
Cottages
Path
Cottages
Muiryhall
Sl
Miltonduff
Distillery
Burn
Tyrock
County
Houses
30m
30m
35m
40m
40m
Dovecot
30m
Miltonduff
Farm
Mosstowie
Primary School
Sand & Gravel Pit
Mill Dam
1:7500
COMMITTEE SITE PLAN
New distillery process building bio-plant offices
warehousing access road and associated infrastructure at
Miltonduff Distillery Miltonduff Elgin
ELGIN
Application Reference Number:
22/00900/PAN
(c) Crown Copyright. The Moray Council 100023422 2015
.0 1,000 2,000500
Meters
APPENDIX 1
Item 9
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Page 86

Page 86

Page 87

REPORT TO: PLANNING AND REGULATORY SERVICES COMMITTEE ON 16
AUGUST 2022 
SUBJECT: 22/00920/PAN – PROPOSED PRIMARY SCHOOL WITH
NURSERY AND ASN DEPARTMENTS, ASSOCIATED
FACILITIES, NEW ACCESS TO FACILITATE OFF-STREET CAR
PARKING AND DROP-OFF, NEW EXTERNAL AREA FOR
OUTDOOR PLAY ON LAND TO SOUTH OF MYRESIDE
COTTAGE, COVSEA ROAD, ELGIN 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To inform the Committee that a Proposal of Application Notice (PAN) was
submitted on 21 June 2022 on behalf of the Moray Council Education,
Resources and Communities Service. 
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. RECOMMENDATION 
2.1 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
(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.   
3. BACKGROUND 
Item 10
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Page 88

3.1 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. 
3.2 Following consideration by this Committee on 11 November 2014 it was
agreed that any PAN received after this date would be reported to Committee
to give Members of 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 (paragraph 4 of the Minute
refers). 
3.3 This current 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. 
3.4 This PAN relates to a proposed new 450 pupil Primary School with nursery
and ASN Departments and associated facilities, new access to facilitate off-
site car parking and drop-off, and new external area for outdoor play on land
to the south of Myreside Cottage, Covesea Road, Elgin. A plan is appended
showing the location and extent of the site (Appendix 1). The site extends to
approximately 3 hectares and currently comprises farmland, a section of
Covesea Road and an adjoining stretch of Sey Burn. It forms the primary
school site which has been granted planning permission in principle as part of
the Area 1 “mixed use development” (application references 17/00834/PPP
and 19/01085/APP), and which forms part of the Findrassie Masterplan R11
Site identified in the Moray Local Development Plan 2020. The site is
bounded by farmland to the north and west, Covesea Road to the east and 
Sey Burn to the south. 
3.5  Planning permission is required for this proposal. The proposal is for a
development where the area of the site exceeds 2 hectares, and therefore
under the current hierarchy regulations the proposal would comprise a major
development for planning purposes.  As such, the proposal will be subject to
PAN and pre-application consultation procedures with the local community. 
The applicant is currently using the Council’s pre-application advice service to
assist in identifying key issues and information that would be expected to
accompany any formal application. 
3.6 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 proposes to consult with Elgin Community Council and to hold
an in-person local event/public exhibition within 2 months of the submission of
the PAN notice which is to be advertised in the local press. 
3.7 For validation purposes for a major application, the applicant is required to
submit a pre-application consultation report setting out the steps taken to
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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. 
4. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
Identifying key issues at an early stage to assist with front loading major
planning applications is a vital aspect of supporting and facilitating the
Council’s priority for economic development in Moray. 
(b) Policy and Legal
Scottish Government guidance on the role of councillors in pre-
application procedures affords elected 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. 
(c) Financial implications
None. 
(d) Risk Implications
None. 
(e) Staffing Implications
None. 
(f) Property
None. 
(g) Equalities/Socio Economic Impact
None. 
(h) Climate Change and Biodiversity Impacts
None. 
(i) Consultations
Depute Chief Executive (Economy, Environment and Finance), the Head
of Economic Growth and Development, the Legal Services Manager, the
Development Management and Building Standards Manager, the Equal
Opportunities Officer, the Strategic Planning & Delivery Manager, and
Lissa Rowan (Committee Services Officer) have been consulted, and
comments received have been incorporated into the report. 
Members of Moray Council who are not on this Committee have also
been consulted and any views received on the proposal will be made
known at the meeting 
5. CONCLUSION 
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5.1 The Council has received a PAN intimating that a formal application for
planning permission will be submitted for a major development
proposal, in this case for permission for a Primary School with nursery
and ASN Departments and associated facilities at the subject site.  The
Committee (and any other Member(s) of the Council) are asked to
identify any provisional views/relevant issues which they would wish to
see taken into account and inform the development of the proposal. 
Author of Report: Richard Smith 
Principal Planning Officer 
Background Papers: 
Ref: 22/00920/PAN 
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Bishopmill
Myreside
Birch Cottage
Muir Of Myreside Cottage
Findrassie Wood
Lossiem
outh
Road
Duffus Road
Covesea Road
A941
Findrassie Wood
Myreside
26m
17m
Drain
Myreside
Sinks
Track
Track
C O V
R U S
P
EEM
IN
S
P L A C E
A R
C O V E S E A
R I S E M
Y R E S I D E
C I R C L
S P Y N
I E
B
R
A
E
S E Y
B U R
N
W
Y N
D
28m
45m
40m
35m
30m
25m
20m
Muir of Myreside
Cottage
25m
20m
C OV E S E A
V
G R O E
R I S E
LA
IC
H
O
M
OR
AY
V
El
Sub Sta
CRESCENT
EART
N
EUNEVA
IRCH
B
EART
R I S E COVESEA
RISE
COVESEA
ROAD
MYRES I D E
SPYN IE
BRAE
SEA
ROAD
MYRESIDE
CIRCL
KINTRAE
CRESCENT
RIS E
BIRCH
AVENUE
SEYBURN
WYND
SEA GR
EEMINS
PLACE RUSSEL
PL
LAICH
O
M
ORAYVW
ARGUS
EEMINS PL
SEY
BURN
WYND
SPYNIE HT
FINDRASSIE CT
1:5000
COMMITTEE SITE PLAN
New 450 Primary School with nursery and
ASN Departments and associated facilities new
access to facilitate off-site car parking and drop-off
new external area for outdoor play on Land To
South Of Myreside Cottage Covesea Road Elgin
ELGIN
Application Reference Number:
22/00920/PAN
(c) Crown Copyright. The Moray Council 100023422 2015
.0 1,000 2,000500
Meters
Item 10
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REPORT TO: PLANNING AND REGULATORY SERVICES COMMITTEE ON 16
AUGUST 2022 
SUBJECT: 22/00935/PAN – PROPOSED ENERGY MANAGEMENT AND
STORAGE  FACILITY  (WITH CAPACITY OF UP TO 50 MW)
COMPRISING BATTERY ENERGY STORAGE SYSTEM,
TRANSFORMERS, INVERTERS, CABLES, ACCESS TRACK AND
BOUNDARY LANDSCAPING ON LAND SOUTH OF WESTERTON
ROAD, KEITH 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 To inform the Committee that a Proposal of Application Notice (PAN) was
submitted on 20 June 2022 on behalf of Statkraft UK Ltd. 
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. RECOMMENDATION 
2.1 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
(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.   
3. BACKGROUND 
Item 11
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3.1 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. 
3.2 Following consideration by this Committee on 11 November 2014 it was
agreed that any PAN received after this date would be reported to Committee
to give Members of 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 (paragraph 4 of the Minute
refers). 
3.3 This current 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. 
3.4 This PAN relates to a proposed energy management and storage facility
(described as a Greener Grid Park) with a capacity of up to 50MW, which
would include  battery energy storage system/containers, transformers,
inverters, cables, access tracks and boundary landscaping. A plan is
appended showing the location and extent of the site (Appendix 1). The site
extends to approximately 3.95 hectares and currently comprises an existing
energy management facility within the northern part of the site (approved in
2020 and partly constructed/operational) and grassland and overhead power
lines within the southern part. As outlined within the applicant’s cover letter the
PAN has been submitted due to advances in grid management demand since
the facility was first consented, which in turn has facilitated the need to
increase the capacity of the development through provision of a larger Battery
Energy Storage System (BESS) on the site. The site is bounded to the
southwest by the existing Westerton Road South/Bridge Road Industrial
Estates, the north by the Westerton Road North Industrial Estate, the
northeast by the existing Keith Electricity substation, and the south by
agricultural land (identified as LONG2 Westerton Road Strategic Reserve,
long term industrial land in the Moray Local Development Plan 2020). A
narrow section of land which project southwards at the eastern corner of the
site lies outwith settlement boundary of Keith and within the Countryside
Around Towns designation. 
3.5  Planning permission is required for this proposal. The proposal is for an
energy installation with a capacity of up to 50MW, and therefore under the
current hierarchy regulations the proposal would comprise a major
development for planning purposes.  As such, the proposal will be subject to
PAN and pre-application consultation procedures with the local community. 
The applicant has used 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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3.6 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 proposes to consult with the Keith Community Council,
Strathisla Community Council, Ward 2 Councillors and the Convenor, and to
conduct two Public Consultation Events - one virtual and one in-person public
exhibition (with details/dates to be confirmed and to be advertised in the local
press). The applicant also proposes to set up a dedicated webpage detailing
the information that would be present at the public events and to distribute
letters and leaflets to local residents within an appropriate catchment area. 
3.8 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. 
4. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP))
Identifying key issues at an early stage to assist with front loading major
planning applications is a vital aspect of supporting and facilitating the
Council’s priority for economic development in Moray. 
(b) Policy and Legal
Scottish Government guidance on the role of councillors in pre-
application procedures affords elected 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. 
(c) Financial implications
None. 
(d) Risk Implications
None. 
(e) Staffing Implications
None. 
(f) Property
None. 
(g) Equalities/Socio Economic Impact
None. 
(h) Climate Change and Biodiversity Impacts
None. 
(i) Consultations
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Depute Chief Executive (Economy, Environment and Finance), the Head
of Economic Growth and Development, the Legal Services Manager, the
Development Management and Building Standards Manager, the Equal
Opportunities Officer, the Strategic Planning & Delivery Manager, and
Lissa Rowan (Committee Services Officer) have been consulted, and
comments received have been incorporated into the report. 
Members of Moray Council who are not on this Committee have also
been consulted and any views received on the proposal will be made
known at the meeting 
5. CONCLUSION 
5.1 The Council has received a PAN intimating that a formal application for
planning permission will be submitted for a major development
proposal, in this case for permission for the development of an energy
management and storage facility.  The Committee (and any other
Member(s) of the Council) are asked to identify any provisional
views/relevant issues which they would wish to see taken into account
and inform the development of the proposal. 
Author of Report: Richard Smith 
Principal Planning Officer 
Background Papers: 
Ref: 22/00935/PAN 
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COMMITTEE SITE PLAN - 22/00935/PAN
Development of up to 50mw capacity greener grid park for energy management with battery containers transformers inverters cables access track and
boundary landscaping on Land south of Westerton Road Keith
Appendix 1
Item 11
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Site location
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REPORT TO: PLANNING AND REGULATORY SERVICES COMMITTEE ON  
16 AUGUST 2022 
SUBJECT: MORAY COUNCIL ARCHAEOLOGY SERVICE 2021/22 
BY:  DEPUTE CHIEF EXECUTIVE (ECONOMY, ENVIRONMENT AND
FINANCE) 
1. REASON FOR REPORT 
1.1 This report informs the Committee of the activity Aberdeenshire Archaeology
Service has provided Moray Council for the period 1 April 2021 to 31 March
2022 through the presentation of the Moray Council Archaeology Shared
Service Agreement Annual Report, as shown in Appendix 1.   
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 Planning Authority. 
2. RECOMMENDATION 
2.1 It is recommended that the Committee: 
(i) Notes the content and high level of performance contained within
the Moray Council Archaeology Shared Service Agreement
Annual Report, as shown in Appendix 1; 
(ii) Agrees that planning conditions requesting photographic surveys
for historic recording purposes are no longer used and replaced
with supporting information being submitted prior to
determination. 
3. BACKGROUND 
3.1 Since re-organisation in the 1990’s Aberdeenshire Council has been providing
an Archaeological Service to Moray Council.  From 2009 Moray Council has
entered into a Service Legal Agreement (SLA) for fixed 3 year periods with
Aberdeenshire Council to deliver this service.   
3.2 In April 2021 the Economic Growth, Housing & Environmental Sustainability
Committee agreed to enter into a Shared Service Agreement with
Item 12
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Aberdeenshire Council to provide the Archaeological Service (par 9 minute
refers). 
3.3 The Archaeology Service has the role of protecting, managing and promoting
the historic environment for Moray Council. 
4. SUMMARY OF ANNUAL REPORT FOR 2021/2022 
4.1  Despite the challenges presented by Covid-19 the Archaeology Service has
continued, in the last year, to deliver its service to Moray Council without
interruption.  The processes and systems in place ensured the Service has
good business continuity, and allowed the team to provide ongoing advice
and support to for all planning related consultations. 
4.2     During the course of the year the Archaeology Service responded to 232
planning applications and 98 other consultations (an increase of 14.5% on
2020/21), provided advice to developers and Council departments as
required, responded to enquiries from the public, represented Moray Council
on six National Groups and Boards, helped to develop various local and
national polices which have a direct influence on the management of the
historic environment for the area; and continued to maintain and expand the
Historic Environment Record for Moray. 
4.3 The performance has been good with 83.62% of planning applications
responded to within 14 days, slighter slower than the previous year due to the
increase in pre-application consultations. 
5. PLANNING CONDITONS – HISTORIC RECORDING 
5.1 One  issue that has arisen over the last 12 months relates to the enforcement
of planning conditions recommended by the Archaeology Service that relate to
historic recording, which state the following: 
“No demolition or other works in connection with the development hereby
approved shall commence unless a photographic survey of the existing
buildings and structures on the application site has been submitted to and
approved in writing by the planning authority.   All external and internal
elevations of the buildings and structures together with the setting of the
buildings and any unusual features of the existing buildings and structures
shall be photographed.  The photographic viewpoints must be clearly
annotated on a plan to accompany the survey.  The photographs and plan
must be in a digital format and must be clearly marked with the planning
reference number”. 
Reason: To ensure that a historic record of the building is made for the
inclusion in the National Monuments Record for Scotland and in the local
Sites and Monuments record. 
5.2 All planning conditions that are imposed must comply with the six tests of
circular 4/1998, one of which is enforceability.  In one case work progressed
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on the demolition of a dwelling without complying with the suspensive
condition imposed.  In these circumstances the historic record was lost and
there was no way to enforce compliance with the condition.  In light of this
experience and following discussions with Aberdeenshire Archaeology
Service as to how this can be prevented from re-occurring it has been agreed
that this supporting information should be requested at validation and prior to
an application being determined, as suspensive planning conditions are not
enforceable in these circumstances.  This approach will ensure that our
historic recording will be more robust in future. 
6. SUMMARY OF IMPLICATIONS 
(a) Corporate Plan and 10 Year Plan (Local Outcomes Improvement
Plan (LOIP)) 
LDP is a vital aspect of supporting and facilitating the Council’s priority
for economic growth.  The Plan also aims to deliver other key aspects of
Moray 2026, including conservation and enhancement of our high quality
natural and historic environment.  The archaeology service supports
these key aims. 
(b) Policy and Legal 
The archaeology service enables Moray Council to satisfy the relevant
requirements of Our Place in Time – The Historic Environment Strategy
for Scotland (2014), Scotland’s Archaeology Strategy (2016) and
National Planning Framework 3. The LDP is a statutory plan which
brings together and helps deliver key aspects of Moray 2026 and other
national and local plans, strategies and policies.  The service is
fundamental to complying with both national and local policies.   
(c) Financial implications 
None. 
(d) Risk Implications 
The archaeology service provides a service that enables our duties in
relation to archaeology to be managed effectively and ensure clear and
consistent approach to the implementation of the MLDP 2020 policies.     
(e) Staffing Implications 
None. 
(f) Property 
None. 
(g) Equalities/Socio Economic Impact 
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There are no equalities issues arising from this report. 
(h) Climate Change and Biodiversity Impacts 
None. 
(i) Consultations 
Depute Chief Executive (Economy, Environment and Finance), the Head
of Economic Growth and Development, Strategic Planning &
Development Manager, the Legal Services Manager, Condition
Compliance Officer the Equal Opportunities Officer, the Principal Climate
Change Strategy Officer, Design & Construction Manager, Consultancy
Manager, Transportation Manager, Paul Connor (Principal Accountant)
and Lissa Rowan (Committee Services Officer) have been consulted and
comments received have been incorporated into the report. 
7. CONCLUSION 
7.1 The contents of the Moray Council Archaeology Shared Service Agreement
Annual Report are welcomed with performance being kept at a high level
supporting the delivery of the planning service.  With regard to the imposition
of planning conditions relation to recording our historic environment these will
be replaced by supporting information being provided prior to determination. 
Author of Report:  Beverly Smith
Development Management & Building Standards
Manager 
Background Papers: Moray Council Archaeology Service 2021/22 Shared
Service Agreement Annual Report 
Ref: 
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1
From mountain to sea
Moray Council
Archaeology Service
2021/22 Shared Service
Agreement Annual Report
May 2022
Item 12
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2 |2021/22 Shared Service Agreement Annual Report 
Contents
1 Summary 3
2 Consultations 5
2.1 Planning Applications 5
2.2 Other Applications 6
3 Public Access and Community Involvement 7
3.1 Moray Historic Environment Record 7
3.2 Website and Social Media 7
3.3 Support for Community Projects 8
4 Policy Work 9
4.1 Moray Local Development Plan 9
5 Other Work 9
5.1 Collaboration with National Organisations 9
5.2 New Guidance: Peatland Restoration 9
5.3 Continuous Improvement 10
5.4 Training & Engagement 10
Appendix 1 11 
Visit aberdeenshire.gov.uk/archaeology
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2021/22 Shared Service Agreement Annual Report | 3 
1 Summary
2021/22 Shared Service Agreement Annual Report
Period covered: 1st April 2021 – 31st March 2022
The Archaeology Service has the role of protecting, managing and promoting the
historic environment of not only Aberdeenshire but also, via Shared Service
Agreements, Aberdeen City and Moray Councils, and via a Service Level
Agreement, Angus Council. The Archaeology Service has 3.8 full-time equivalent
staff, forming part of the Specialist Services Team within the Planning and
Economy Service.
With the continuation of the Covid-19 pandemic, the Archaeology Service
continued to work remotely, with the reintroduction of site visits (on a limited
basis). The existing robust processes and systems in place, prior to the lockdown,
ensured the Service maintained business continuity, and allowed the team to
provide ongoing advice and support to critical national infrastructure projects,
contractors, and Police Scotland at the height of the restrictions, along with the
usual planning and land management consultations. 
The Archaeology Service has continued to deliver a service of archaeological
advice, guidance and support to Moray Council via a Shared Service Agreement
with Aberdeenshire Council, for a total annual cost of £15,000. During the course
of the year the Archaeology Service responded to a total of 232 Planning
Applications and 98 other consultations (an increase of 14.5% on 2020/21);
provided advice to developers and Council staff as required; responded to
enquiries from the public; represented Moray Council on six national Groups and
Boards; helped to develop various local and national policies which have a direct
influence on the management of the historic environment for the area; and
continued to maintain and expand the Historic Environment Record for Moray,
which underpins all of the above work. 
The performance indicators below show an increase in the number of planning
applications responded to by the Archaeology Service in the 2021/22 period. The
average planning application response time has increased during this period,
rising to 11.53 days (from 8.22 days in 2020/21), with 83.62% of planning
applications responded to within 14 days. This slower response time is as a result
of the increased number of pre-application consultations responded to as detailed
below. 
2021/22 saw a significant rise in the number of Pre-application, Masterplan and
Major Pre-Application Consultations received from Moray, with the number of
consultations more than doubling. Looking in particular at the increase in the
number of Pre-application Consultations received, this would appear to reflect a
change in approach from Development Management teams to frontload the
planning system for improved service and efficiency. The Archaeology Service is
fully supportive of this approach, recognising the value to developers and the
planning process of identifying and addressing archaeological issues at an early
stage.
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4 |2021/22 Shared Service Agreement Annual Report 
The increase in number, and complexity, of Pre-application Consultations being
assessed did lead to an increased workload, but this was not accompanied by an
additional staff resource within the team to accommodate this change. 
The work of the Archaeology Service is driven by Aberdeenshire Council’s
Archaeology Strategy 2020-23 which provides a structured approach to service
delivery over the three-year period. The Archaeology Service enables Moray
Council to satisfy the relevant requirements of Our Place in Time – The Historic
Environment Strategy for Scotland (2014), Scotland’s Archaeology Strategy (2016)
and National Planning Framework 3.  
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2021/22 Shared Service Agreement Annual Report | 5 
2 Consultations
As well as responding to direct consultations, the Archaeology Service reviews all
52 Weekly Planning Lists for each of the four local authority areas we cover for
any potential archaeological impact that would require appropriate mitigation.
Throughout the 2021/22 period the number of planning applications submitted to
the local authorities remained high, comparable with figures from 2020/21. 
In the 2021/22 period, the Archaeology Service dealt with and/or commented on
the following applications in Moray:
2.1 Planning Applications
In 2021/22 the average consultation response time rose to 11.53 days, an
increase of 40% from 8.22 days in 2020/21. Within the same period, the total
percentage of planning application consultations and weekly lists responded to
within 14 days has decreased from 99.53% in 2020/21 to 83.62% 2021/22.
The period 2021/22 saw an increase in the number of planning application
consultations (direct and indirect, from weekly lists) in Moray. As noted above,
there was also a significant increase in the number of Pre-Application, Major
Application & Masterplans dealt with, increasing by 205% from the previous year.
The large amount of pre-application consultations with the same staff resource has
produced an increased workload for the team which has resulted in the reduction
of the planning application consultation response times.
Although there was a slight decrease in the number of mitigations put in place
during the 2021/22 period, it is worth noting this does not directly correlate to a
reduction in workload as mitigations can take several years to complete. Post-
decision work which accompanies mitigations, comprising dealing with enquiries
from applicants and contractors, producing written briefs, and assessing
necessary documentation (including WSIs, reports, post-excavation analysis
proposals) can relate to planning applications from the current year and those
approved in previous years.  
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6 |2021/22 Shared Service Agreement Annual Report 
Planning Consultations
Performance Indicator  2021/22 2020/21
No of Planning Applications dealt with 232 214
Average response time to a Planning
Application
11.53 days 8.22 days
No of archaeological mitigations put into
place
66 87
Percentage of Planning Application
Consultations or Weekly Lists responded 
to within 14 days
83.62% 99.53%
Note: The Archaeology Service not only responds to direct consultations, but also
examines all 52 Weekly Planning Lists for any potential archaeological impact that would
require appropriate mitigation. 
Other Planning Consultations
Performance Indicator  2021/22 2020/21
No of Pre-Application, Major Application &
Masterplans dealt with
55 18
No of CNPA planning applications dealt 
with
0 2 
2.2 Other Applications 
Performance Indicator  2021/22 2020/21
Scottish Rural Development Plans
(woodland creation) (No dealt with)
9 15
Forest Plans/Felling Applications (No
dealt with)
28 21
Utility & Other Checks (No dealt with) 6 18
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2021/22 Shared Service Agreement Annual Report | 7 
3 Public Access and Community Involvement 
3.1 Moray Historic Environment Record
The Archaeology Service continues to actively maintain, develop, enhance and
expand the Historic Environment Record (HER) database for the Moray region.
The database not only forms the basis of our core consultation work, but is also
publicly accessible allowing local residents, visitors and researchers to learn about
the cultural heritage of the Moray region.
Note: As reported in last year's Annual Report, a significantly higher number of new sites
were created and edited in the HER in 2020/21 as part of a widescale project in advance
of changes to the Town and Country Planning (General Permitted Development)
(Scotland) Order 1992.
3.2 Website and Social Media 
The Archaeology Service continues to grow and develop its online presence both
through the website and through social media outlets and uses these platforms to
engage and inform local residents and visitors to the area about the cultural
heritage of the Moray region.
Website & Social Media Statistics 2021/22 2020/21
No of Archaeology Service Website Users  49,388 39,400
No of Twitter Followers 5,681 5,483
No of Instagram Followers 1,020 957
No of SketchFab Views (online 3D models
of assets)
8,700 7,600
No of YouTube Views 177 567
Note: These numbers are not broken down into individual Local Authority areas. 
Performance Indicator  2021/22 2020/21
No of Records Held in Database 9,976 9,785
No of New Records Created 191 2,200
No of Existing Records Updated 1,829 3,576
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8 |2021/22 Shared Service Agreement Annual Report 
3.3 Support for Community Projects 
The Archaeology Service is happy to offer support and guidance to archaeology
community projects. In the 2021/22 period, we were not approached by any
community projects in the Moray area; this is reflected in the table below. 
Performance Indicator  2021/22 2020/21
No of Community Projects Supported 0 0
Funding Contributions to Community
Projects
£0 £0
External Funding Raised by Community
Projects
£0 £0
No of Volunteer Days Created 0 0
Economic Value of Volunteers £0 £0 
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2021/22 Shared Service Agreement Annual Report | 9 
4 Policy Work
4.1 Moray Local Development Plan 
The Archaeology Service continues to assist the Policy Team as and when
required in assessing potentially allocated sites for their potential impact on the
historic environment, developing supplementary guidance, and advising on
suitable mitigation for future developers.
5 Other Work
5.1 Collaboration with National Organisations 
The Archaeology Service in 2021/22 represented Moray Council on the following
Local and National Boards and Groups: 
• Association of Local Government Archaeological Officers (ALGAO:
Scotland) 
• Scottish Historic Environment Record Forum 
• Scotland's Strategic Archaeology Committee
• North East Scotland Heritage Network
• Cultural Heritage Community Engagement Research Group
• Built Environment Forum Scotland 
The Archaeology Service has continued to be involved in developing and
implementing Scotland’s Archaeology Strategy by being the named local authority
representative on Scotland’s Strategic Archaeology Committee. 
The Service has contributed to the new overarching national policy reviews being
undertaken by Historic Environment Scotland, the review being undertaken by
Scottish Government for National Planning Framework 4 and the draft Local
Development Plan Regulations and Guidance. The Archaeology Service is
considered a key partner in this work and provided evidence to the February
meeting of the Scottish Government’s Local Government Housing and Planning
Committee. 
5.2 New Guidance: Peatland Restoration 
During 2021/22, the Archaeology Service produced new ‘Peatland Restoration and
the Historic Environment Guidance’ which was formally launched in March 2022. It
was created in response to the Scottish Government funded Peatland ACTION
Project, and an apparent gap in information about potential impacts on the historic
environment which peatland restoration work may cause. 
The guidance has been adopted across the whole of Scotland by NatureScot,
Peatland Action, Historic Environment Scotland, and the Association of Local
Government Archaeological Officers (ALGAO). Dr Tom Gardner, Historic
Environment Scotland, said of the document, “The newly ratified Peatland
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Restoration and the Historic Environment Guidance marks a crucial step in
recognising and mitigating against the possible impacts of peatland restoration on
heritage assets.  Importantly, the guidance document also recognises the critical
importance of peatland restoration, not only in the struggle against human induced
climate change and biodiversity loss, but also in safeguarding heritage assets put
at risk by peatland deflation and erosion.  Finally, the work represents a triumph of
stakeholder engagement, with broad-reaching consultation responses reflecting
the views and passion of all involved.” 
5.3 Continuous Improvement
The Archaeology Service has continued to review and revise its operational
manual and procedures to ensure consistency in working practices, and a robust
approach to business continuity. 
During the last year the Service has also been involved in moving its networked
filing system to the new Aberdeenshire Records Centre within Office365, and the
associated Document Management System for Environment and Infrastructure
Services in SharePoint. This has involved review and consolidation of several tens
of thousands of documents in line with the latest best practice for retention and
disposal.
5.4 Training & Engagement 
An informal training session was held in July 2021 with the Development
Management Team from Moray Council. This was a virtual event, with an officer
from the Archaeology Service attending an online team meeting. An update on
some archaeological highlights from recent development sites in the Moray
Council area was provided, followed by an opportunity for the Development
Management Team to ask questions about specific sites and aspects of
archaeology in the planning process.  
The Service also undertook a customer survey during 2021/22, seeking views on
the public’s awareness of, and engagement with, the historic environment. While
the survey focussed on the public’s thoughts on the heritage and historic
environment of Aberdeenshire, 25% of those completing the survey were non-
Aberdeenshire residents. The results therefore can be considered to offer an
insight into general public perceptions of the Archaeology Service itself as well as
the region’s heritage. It was encouraging to note that 93% of those responding
agreed or strongly agreed that heritage and the historic environment made a
positive difference in their lives. It is also worth noting that when asked to name a
favourite site in Aberdeenshire, five sites in Moray were named: Burghead fort, the
World War II Coastal Defences along the Moray coastline, Castle Hill in Cullen,
Elgin, and the Sueno Stone in Forres. The results of the survey will continue to be
reviewed and will help inform the Archaeology Service’s promotional work in
future. A summary of the results can be found in Appendix 1. 
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Appendix 1
Customer Survey Summary: Aberdeenshire's Historic Environment - what does
heritage mean to you?
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Aberdeenshire's Historic Environment - what does heritage mean to you?
Review of Survey 
The online survey was active during the month of September 2021, to coincide with Scottish Archaeology Month and Doors Open Days. It had 12
questions, seven of which were mandatory and five optional; two questions allowed respondents to give free text replies. 
At the beginning of the survey, a brief introduction was included about Aberdeenshire Council Archaeology Service along with a summary of the purpose of
the survey. For clarity, definitions were provided for the terms Historic Environment and Heritage – key terms which feature in the title and through the
questions of the survey. Two demographic questions were included, questions 10 and 11. 
The survey was hosted through the Engage Aberdeenshire survey platform. It was promoted externally on the Aberdeenshire Council, Archaeology
Service, Ranger Service and Environment Team (Built) social media channels, by VisitAberdeenshire, and was shared by various national historic
environment organisations. It was promoted internally on Arcadia, Yammer and the Planning & Economy Weekly Highlights Report as well as being
circulated to all elected members. 
The purpose of the survey was to:
• engage with a wide-ranging audience
• understand how residents of, and visitors to, Aberdeenshire interpret, value and engage with their heritage and the historic environment 
• raise awareness of the Archaeology Service and its work
• gather data to help inform future promotional work of the Archaeology Service
In total, 359 completed responses were received. Of these, the highest number of responses by age-group was from the 55-64 year olds (30%) while 9%
were aged under 35. Only one response was received from the 12-17 age group, and no responses from under-12s. Of those who responded to the
survey, 75% live in the Aberdeenshire Council area.  
The results of the survey offer a valuable opening insight into people’s awareness, understanding and connection with heritage and the historic
environment in Aberdeenshire. The survey shows that the Archaeology Service could do more to promote itself and its existing resources. The responses
received will be taken into consideration when prioritising future promotional activities (social media posts, leaflet themes, interpretation boards), and the
Archaeology Service will continue to support and promote engagement with historic environment and heritage activities throughout Aberdeenshire.
The survey results will be shared internally, with elected members and colleagues in other services (including the Environment Team, Ranger Service,
Economic Development, Live Life Aberdeenshire, Corporate Communications) as well as with external organisations, such as VisitAberdeenshire.
There follows a summary of key findings and review of the survey.  
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