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Scottish Hydro Electric Transmission Plc: Section 42 Application for Removal of Condition 11 Relative to Planning Permission Reference 22/00782/Pp (to Construct and Operate a 132/275 Kilovolt (Kv) Gis Substation and Associated Infrastructure That Will Connect the Existing 132 Kv Overhead Line (Ohl) from Taynuilt to Inveraray to a Proposed 275 Kv Ohl to Dalmally: Land Approximately 2.5 Km Southwest of Cladich (Ref: 24/00260/Pp)

Argyll and Bute Council · 23 October 2024
Back to Planning, Protective Services and Licensing Committee — 23 October 2024 and its agenda

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LDP2 format template March 4th 2024
Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Classification: OFFICIAL 
Argyll and Bute Council
Development & Economic Growth   
Planning Application Report and Report of Handling as required by Schedule 2 of the
Town and Country Planning (Development Management Procedure) (Scotland)
Regulations 2013 relative to applications for Planning Permission or Planning
Permission in Principle 
Reference No: 24/00260/PP
Planning Hierarchy: National
Applicant: Scottish Hydro Electric Transmission Plc
Proposal: Section 42 application for the removal of condition 11 relative
to planning permission reference 22/00782/PP (To construct
and operate a 132/275 kilovolt (kV) GIS substation and
associated infrastructure that will connect the existing 132 kV
overhead line (OHL) from Taynuilt to Inveraray to a proposed
275 kV OHL to Dalmally. The works will comprise cut and fill
to tie the platform into the existing ground level, landscaping,
Sustainable Drainage Systems (SuDS) basins, new
permanent access and upgrades to existing tracks) 
Site Address:  Land Approximately 2.5 Km Southwest of Cladich, 
Argyll And Bute    
DECISION ROUTE 
☐Delegated - Sect 43 (A) of the Town and Country Planning (Scotland) Act 1997 
☒Committee - Local Government Scotland Act 1973 
(A)  THE APPLICATION 
(i) Development Requiring Express Planning Permission 
• Deletion of condition 11 relative to planning permission reference
22/00782/PP – to remove the requirement to raise the finished ground
floor levels of all buildings to 0.3 metre above the surrounding ground
level.  
• Construction of substation platform (190m x 225m) to accommodate Gas
Insulated Switchgear (GIS) 
• Erection of buildings, installation of electrical plant and erection of
perimeter security fencing 
• Widening of existing forestry tracks (1,895m in length) and upgrading of
existing culverted watercourse crossing the River Aray 
• Construction of 323m of new access track, comprising 108m connecting
the existing forest track to the substation site and 215m of access track
continuing around the substation site on the south east and north east
aspects 
• Landscape planting 
• SUDs, comprising four basins to the east of the substation platform

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• Peat restoration on-site by way of dressing of substation platform slopes
and access tracks, as well as ditches and other cut areas 
(ii) Other specified operations 
• Temporary site laydown area approximately 200m south east of the
substation site  
• 3.55ha of management felling to the northwest of substation site which
forms part of long-term forest plan for the area 
(B) RECOMMENDATION: 
Having due regard to the Development Plan and all other material considerations, it
is recommended that planning permission be granted, in accordance with Section
42 of the Town and Country Planning (Scotland) Act 1997, subject to the conditions
and reasons detailed in this report.   
(C) CONSULTATIONS:   
Scottish Environmental Protection Agency (SEPA) (16th February 2024) – have
no adverse comments or objections to the deletion of the condition, stating in their
response that they did not request that the condition to require the applicant to raise
the finished floor levels be placed on the original application. 
NatureScot (15th February 2024) – confirm that the proposals continue to fall outwith
their consultation threshold and as such have no specific comments. 
Historic Environment Scotland (22nd February 2024) – have no adverse
comments or objections to the proposals. 
Transport Scotland – no response to the consultation request. 
Scottish Rights of Way and Access Society – no response to the consultation
request. 
West of Scotland Archaeological Service (WOSAS) – no response to the
consultation request. 
Glenorchy and Innishail Community Council – no response to the consultation
request. 
ARGYLL AND BUTE COUNCIL INTERNAL CONSULTATION RESPONSES 
Environmental Health (9th April 2024) – state that they have no remit regarding
condition 11. 
Flood Risk Management Advisor (7th March 2024) – refer to their consultation
response on the original application, dated 8th September 2022, in which they stated
“The supplied elevations do not list FFLs to mAOD, though they do appear to be
slightly elevated above ground level. Given the pluvial flood risk to the site it is
recommended that FFLs be elevated 0.3 metre above surrounding ground level, if
practicable”. They further note that no additional info on FFL’s has been submitted

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with the current application, however state that as the raising of the FFLs by 0.3
metre was only a recommendation on the original application, have no objections to
the removal/deletion of the actual condition. 
Local Biodiversity Officer – no response to the consultation request. 
Area Roads Oban – no response to the consultation request. 
Core Paths Officer – no response to the consultation request.     
The above represents a summary of the issues raised.  Full details of the
consultation responses are available to view via the Public Access section of the
Council’s website.   
(D) HISTORY:   
Specific to the site: 
21/01230/PAN - Proposal of Application Notice for the erection of electricity
substation comprising platform area, control building, associated plant and
infrastructure, ancillary facilities, access track(s), laydown area(s) and landscape
works. Land East of Creag Dhubh, Cladich, Argyll and Bute. Opinion Issued 18
August 2021. 
21/02348/SCREEN - Screening Opinion for the installation of 132/275kV substation
and associated works. Creag Dhubh Substation. Screening opinion issued on 16
March 2022. 
22/00782/PP – The original planning application for the proposed GIS Substation
and associated infrastructure on the site. Granted conditional planning permission
by the Council on 16 February 2023.   
Of relevance: 
21/00286/SCOPE - Scoping request for proposed Section 37 application for the
proposed Creag Dhubh to Dalmally 275 kV connection. Scoping opinion issued on
30 June 2021. 
22/02305/S37 - Section 37 Application for Creag Dhubh to Inveraray 275kV
Overhead Line. Creag Dhubh To Inveraray Overhead Line, Inveraray Estate
Woodland, Inveraray, Argyll and Bute. Granted conditional approval by the Scottish
Government Energy Consent Unit on the 21 August 2024.   
(E)      PUBLICITY:   
MREG20 – Regulation 20 Major Application Advert, Expired 21 March 2024 
(F) REPRESENTATIONS:   
(i) Representations received: None received.

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LDP2 format template March 4th 2024
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(G) SUPPORTING INFORMATION 
Has the application been the subject of: 
(i) Environmental Impact Assessment Report: ☐Yes ☒No  
(ii) An Appropriate Assessment under the
Conservation (Natural Habitats) Regulations
1994:   
☐Yes ☒No  
(iii) A Design or Design/Access statement:    ☐Yes ☒No  
(iv) Sustainability Checklists (with reference to the requirements of LDP2
Policy 04) 
TN06 Sustainability Checklist
TN07 Sustainable Buildings Checklist
☐Yes ☒No
☐Yes ☒No  
(v) A report on the impact of the proposed
development eg. Retail impact, transport impact,
noise impact, flood risk, drainage impact etc:  
☐Yes ☒No   
(H) PLANNING OBLIGATIONS 
Is a Section 75 agreement required:   ☐Yes ☒No   
(I) Has a Direction been issued by Scottish Ministers in terms of Regulation 30,
31 or 32:  ☐Yes ☒No    
(J) Section 25 of the Act; Development Plan and any other material considerations
over and above those listed above which have been taken into account in the
assessment of the application 
(i)  List of all Development Plan Policy considerations taken into account
in assessment of the application. 
National Planning Framework 4 (Adopted 13th February 2023) 
Part 2 – National Planning Policy 
Sustainable Places
NPF4 Policy 1 – Tackling the Climate and Nature Crises
NPF4 Policy 2 – Climate Mitigation and Adaption
NPF4 Policy 3 – Biodiversity
NPF4 Policy 4 – Natural Places
NPF4 Policy 5 – Soils
NPF4 Policy 6 – Forestry, Woodland and Trees
NPF4 Policy 7 – Historic Assets and Places
NPF4 Policy 11 – Energy

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Liveable Places
NPF4 Policy 14 – Design, Quality and Place
NPF4 Policy 18 – Infrastructure First
NPF4 Policy 22 – Flood Risk and Water Management
NPF4 Policy 23 – Health and Safety 
Productive Places
NPF4 Policy 25 – Community Wealth Building
NPF4 Policy 29 – Rural Development 
Annex B – National Statements of Need
3. Strategic Renewable Electricity Generation and Transmission Infrastructure 
Argyll and Bute Local Development Plan 2 (Adopted 2024) 
Spatial and Settlement Strategy 
Policy 02 – Outwith Settlement Areas
Policy 04 – Sustainable Development 
High Quality Places 
Policy 05 – Design and Placemaking
Policy 08 – Sustainable Siting
Policy 09 – Sustainable Design
Policy 10 – Design – All Development
Policy 15 – Protection, Conservation and Enhancement of Our Historic Environment
Policy 19 – Scheduled Monuments
Policy 21 – Sites of Archaeological Importance 
Diverse and Sustainable Economy 
Policy 30 – The Sustainable Growth of Renewables 
Connected Places 
Policy 35 – Design of New and Existing, Public Roads and Private Access Regimes
Policy 37 – Development Utilising an Existing Private Access or Existing Private
Road
Policy 39 – Construction Standards for Private Accesses 
Sustainable Communities 
Policy 55 – Flooding
Policy 58 – Private Water Supplies and Water Conservation 
High Quality Environment 
Policy 71 – Development Impact on Local Landscape Areas (LLA’s)
Policy 73 – Development Impact on Habitats, Species and Biodiversity
Policy 77 – Forestry, Woodland and Trees
Policy 78 – Woodland Removal
Policy 79 – Protection of Soil and Peat Resources

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LDP2 format template March 4th 2024
Report of Handling Template for PPSL and Delegated Planning Applications – Updated 10.11.2023 
Classification: OFFICIAL
Local Development Plan 2 Schedules 
(ii)  List of all other material planning considerations taken into account in
the assessment of the application, having due regard to Annex A of
Circular 3/2013. 
• Planning Advice Notes & Web-based Renewables Guidance 
• Renewable energy and climate change framework 
• Climate Change (Emissions Reduction Targets) (Scotland) Act 2019 
• The Future of Energy in Scotland: Scottish Energy Strategy, Scottish Government
(December 2017) and position Update dated 16.3.21 
• Scotland’s Draft Energy Strategy and Just Transition Plan: Ministerial statement
(Dated 10.1.23) 
• The Scottish Government’s Policy on ‘Control of Woodland Removal’ (Forestry
Commission Scotland 2009) 
• Views of statutory and other consultees,
• Planning history of the site 
• Legitimate public concern or support expressed on relevant planning matters 
(K) Is the proposal a Schedule 2 Development not requiring an Environmental
Impact Assessment:  ☐Yes ☒No    
(L) Has the application been the subject of statutory pre-application consultation
(PAC):  ☐Yes ☒No 
(M) Does the Council have an interest in the site:  ☐Yes ☒No 
(N) Requirement for a pre-determination hearing: ☐Yes ☒No 
The opportunity to attend a pre-determination hearing is required to be offered in     
relation to applications for planning permission for major developments which are
significant departures from the development plan, and for all national developments.
Their purpose is to allow the views of applicants and those who have made
representations to be heard before a planning decision is taken. The Planning
Authority has discretion over how hearings will operate in its area. The applicant and
consultees have confirmed that they do not wish to be heard, and therefore a
Hearing will not be required.   
(O)(i) Key Constraints/Designations Affected by the Development: 
• Peat 
• Forestry Removal 
(O)(ii) Soils 
Agricultural Land Classification:  Class 6.3 – Rough Grazing
Peatland/Carbon Rich Soils
Classification:
☐Class 1 
☐Class 2

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Classification: OFFICIAL
☐Class 3 
☒N/A 
Class 5 indicated on Council Maps. 
Peat Depth Classification:   N/A      
Does the development relate to croft
land? 
☐Yes ☒No 
Would the development restrict access
to croft or better quality agricultural
land? 
☐Yes ☐No ☒N/A 
Would the development result in
fragmentation of croft / better quality
agricultural land? 
☐Yes ☐No ☒N/A 
(O)(iii) Woodland 
Will the proposal result in loss of
trees/woodland? 
(If yes, detail in summary assessment) 
Yes  - the development has commenced and the
trees have already been removed. 
Does the proposal include any
replacement or compensatory planting? 
☒Yes 
☒No details to be secured by condition 
☐N/A 
(O)(iv) Land Status / LDP Settlement Strategy 
Status of Land within the Application 
(tick all relevant boxes) 
☐Brownfield 
☐Brownfield Reclaimed by Nature 
☒Greenfield 
ABC LDP2 Settlement Strategy 
(tick all relevant boxes) 
☐Settlement Area 
☒Countryside Area 
☐Remote Countryside Area 
☐Helensburgh & Lomond Greenbelt 
ABC LDP2 Allocations/PDAs/AFAs etc: 
N/A 
(P) Assessment and summary of determining issues and material considerations                                     
A Section 42 application is an application for a new planning permission for a
development, but with different conditions from those attached to a previous
permission for that same development. In determining such an application, the
Planning Authority can only consider the changes to the conditions on the previous
permission. The principle of development is not under consideration and the original
permission remains live. 
(i) Principle of Development
Planning Permission (ref. 22/00728/PP), to construct and operate a 132/275 kilovolt
(kV) GIS electrical substation and associated infrastructure, with works comprising
of cut and fill to tie the compound platform into the existing ground level, landscaping,

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LDP2 format template March 4th 2024
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Sustainable Drainage Systems (SuDS) basins, new permanent access and
upgrades to existing tracks was originally granted on 16th February 2023. It should
be noted that works have now commenced on site, and these works are progressing
in accordance with the original approval.   
(ii) Proposed Development 
The current application has been made under Section 42 of the Town and Country
Planning (Scotland) Act 1997, as the applicant wishes to delete a planning condition
(Condition 11) attached to the original consent, 22/00728/PP, requiring that the
finished floor levels of all the previously approved buildings on the site are elevated
0.3 metre above the surrounding ground levels. 
Condition 11 of 22/00728/PP states:           
“Notwithstanding the provisions of condition 1, the finished ground floor levels of the
buildings of the development shall be elevated to 0.3 metre above surrounding
ground level, unless otherwise agreed in writing by the Planning Authority.” 
This requirement was added as a planning condition to the original approval following
a consultation response received from the Flood Risk Management Advisor (JBA
Consulting, dated 8th September 2022), in which they stated “The supplied
elevations do not list FFLs to mAOD, though they do appear to be slightly elevated
above ground level. Given the pluvial flood risk to the site it is recommended that
FFLs be elevated 0.3 metre above surrounding ground level, if practicable”. As
stated above, following consultation on the current application, they further note that
no additional info on FFL’s has been submitted with the current application, however
state that as the raising of the FFLs by 0.3 metre was only a recommendation on the
original application, have no objections to the removal/deletion of the actual
condition. Prior to submitting the current application, the applicant contacted the
flooding consultee direct to discuss the reasoning for the requirement for the 0.3
metre raising of the FFL. In response, the consultee stated that the 0.3 metre
increase to FFLs was “more a note to the applicant that it may be a mitigation
measure they wish to consider, however did not intend for it to be added as a formal
condition.” In response to this statement, the applicant advised that their intention
was to follow their standard specifications for such projects, with the substation
platform designed and constructed to be free draining, set 0.15 metre above FFL
and for an up to a 1 in 1000 year rainfall event. In addition, raising all FFLs to 0.3
metre above ground levels would add further complexities to the construction of the
project, including additional ramps and hardstanding areas. 
In view of the above, the flooding consultee and the Council concur that it is not
practical for the applicant to incorporate raising the FFLs for all buildings proposed
within the site by 0.3 metres, noting the applicant’s intention to raise all FFLs by 0.15
metre, and therefore it is considered acceptable to delete condition 11. 
As physical works have now commenced on site the Council considers that it is also
necessary to reword a number of pre start and enduring planning conditions attached
to the original consent for the project, under ref: 22/00782/PP, conditions that
required to be discharged or part discharged prior to works commencing on site. The
relevant conditions affected that require to be reworded are conditions 2 (CEMP), 3
(CTMP), 4 (WOSAS WSI), 5 (Construction Worker’s Housing Strategy), 6 (Private
water supply), 7 (CNMP), 8 (PMP), 9 (CPP and LTFMP) and 10 (Vehicle wheel
cleansing facilities). The remaining, enduring planning conditions attached to the
original consent, conditions 12 to 17, are proposed to be carried over in their existing
worded form.

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Classification: OFFICIAL            
If successful, the effect of a Section 42 application to modify or delete a planning
condition or conditions is to grant a further planning permission for the whole
development but with the amended condition or conditions replacing those that were
previously issued, or (if appropriate) with conditions removed if required.  All other
conditions, if relevant, are also required to be attached to any new planning
permission.  If the proposed changes to the condition or conditions are deemed
unacceptable, then Section 42 of the Act requires the application to be refused.  Any
refusal of an application under Section 42 of the Act does not have any effect on the
original planning permission which remains intact.     
Following a detailed assessment and noting the responses from the consultees, the
proposal is considered to be consistent with policies in both the National Planning
Framework 4 (NPF4) and the Argyll and Bute Local Development Plan 2. Therefore,
it is recommended that the application to delete condition 11 attached to planning
permission 22/00782/PP is granted, which effectively renews that planning
permission for a further three years.   
(Q) Is the proposal consistent with the Development Plan: ☒Yes ☐No 
(R) Reasons why Planning Permission or Planning Permission in Principle Should
be Granted: 
All relevant matters have been taken into account when assessing this further
application. It is considered that the proposal accords with the principles and policies
contained within both the adopted National Planning Framework 4 and the adopted
Argyll and Bute Local Development Plan 2. The Section 42 application to delete the
planning condition is considered acceptable, subject to the retention and
amendment of the remaining planning conditions in terms of all other applicable
material considerations. 
(S) Reasoned justification for a departure to the provisions of the Development
Plan   
Not applicable 
(T) Need for notification to Scottish Ministers or Historic Environment Scotland:
☐Yes ☒No 
Author of Report: Stuart Ramsay Date: 24.09.2024 
Reviewing Officer: Sandra Davies Date: 07.10.2024 
Fergus Murray
Head of Development & Economic Growth

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CONDITIONS AND REASONS RELATIVE TO APPLICATION REF. NO. 24/00260/PP 
Standard Time Limit Condition (as defined by Regulation) 
Standard Condition on Soil Management During Construction 
Additional Conditions  
1. PP - Approved Details & Standard Notes – Non EIA Development 
The development shall be implemented in accordance with the details specified on the
application form dated 09/02/2024, supporting information, including the
Environmental Appraisal for application 22/00782/PP (April 2022), and the approved
drawings listed in the table below, unless the prior written approval of the planning
authority is obtained for an amendment to the approved details under Section 64 of
the Town and Country Planning (Scotland) Act 1997. 
Plan Title. Plan Ref. No. Version Date
Received
Location
Plan
R170_3673_Fig1_1_RedlineBoundarySite_C C 12/02/24
Proposed
A819 Site
Access
Design
Location
Plan
LT29_CRDH_0804_0010 B 12/02/24
Location
of septic
tank,
borehole
water
supply
and
SUDS
R170_3673_Fig1_SepticTank_BHWS_SUDS_D D 12/02/24 
Reason: For the purpose of clarity, to ensure that the development is implemented in
accordance with the approved details.   
2.  The development shall proceed in accordance with the approved Finalised
Construction Environmental Management Document (CEMD) for the site, as approved
under application 22/00782/PP, unless otherwise agreed in writing by the Planning
Authority. 
Reason: To ensure protection of surrounding environmental interests and general
amenity.  
3.  The development shall be implemented and proceed in accordance with the approved
Construction Traffic Management Plan (CTMP) and Phased Delivery Plan, as
approved under application 22/00782/PP.

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4. 
5. 
6. 
7. 
8. 
9. 
Reason: To minimise interference with the safety and free flow of the traffic on the
trunk road, to ensure the safety of pedestrians and cycle users using the trunk road
and adjacent facilities and to be consistent with current guidance and best practice. 
The development shall be implemented in accordance with the duly approved details
of the proposed archaeological works contained with the approved written scheme of
investigation, with the suitably qualified person being afforded access at all reasonable
times during ground disturbance works. 
Reason: In order to protect archaeological resources. 
Prior to the end of February 2025, further details of a continuing strategy for housing
incoming construction workers shall be submitted to and approved in writing by the
Planning Authority. Thereafter the development shall continue to be carried out in
accordance with the further approved details submitted and approved. 
Reason: In order to ensure that any potential adverse impacts on the functioning of
the local housing market and tourist accommodation to the detriment of the interests
of the local community are identified and mitigated in accordance with the
requirements of NPF4, and in particular Policy 11C and Policy 25 Objectives. 
The development shall not be brought into use or occupied until the required private
water supply system has been installed in accordance with the agreed specification,
as approved under application 22/00782/PP, and is operational. 
Reason: In the interests of public health and in order to ensure that an adequate
private water supply in terms of both wholesomeness and sufficiency can be provided
to meet the requirements of the proposed development and without compromising the
interests of other users of the same or nearby private water supplies. 
The development shall progress in accordance with the approved Construction Noise
Management Plan (CNMP), as approved under application 22/00782/PP, with all
approved mitigation measures to be in place prior to the commencement of
development, or as otherwise agreed in writing by the Planning Authority. 
Reason: In the interest of safeguarding residential amenity. 
The development shall progress in accordance with the approved Peat Management
Plan (PMP), as approved under application 22/00782/PP. 
Reason: In order to minimise disturbance of peat and ensure the appropriate reuse
and management of peat. 
Prior to the energising of the development hereby approved, a detailed Compensatory
Planting Plan (CPP) and Long Term Forestry Management Plan (LTFMP) shall be
submitted to and approved in writing by the Planning Authority, in consultation with
Scottish Forestry. The approved CPP and LTFMP shall be implemented in full and in
accordance with the approved timing, unless otherwise agreed in writing by the
Planning Authority. 
Reason: To enable appropriate woodland removal to proceed, without incurring a net
loss in woodland related public benefit, in accordance with the Scottish Government's
policy on the Control of Woodland Removal.

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10. 
11. 
12. 
13. 
14. 
15. 
16.
The development shall not become operational until the vehicle wheel cleansing
facilities, as approved under application 22/00782/PP, have been installed and
brought into operation on the site. 
Reason: To ensure that material from the site is not deposited on the trunk road to the
detriment of road safety. 
Watercourse crossings hereby permitted shall be designed to at least the capacity of
the existing channel, and to the 1 in 200 years plus climate change flow, and an
allowance for freeboard, unless otherwise agreed in writing by the Planning Authority.
This includes the replacement of the existing River Array watercourse crossing with a
new oversized box culvert, or bottomless traditional style bridge to accommodate the
1 in 200 year flood event without constriction. 
Reason: To ensure that new watercourse crossings do not affect the existing flows in
the interests of flood risk. 
The development shall not include for the provision of walls, fences or hedges within
2.0 metres of the carriageway of the public road, and any gates shall open inwards,
away from the public road. 
Reason: In the interest of road safety. 
Notwithstanding the provisions of Condition 1, the proposed access shall be formed in
accordance with the Operational Services Drawing No SD08/001a; and visibility splays
of 160 metres x 2.4 metres shall be cleared of all obstructions such that nothing shall
disrupt visibility from a point 1.05 metres above the access at point X to a point 0.6
metres above the public road carriageway at point Y. The final wearing surface on the
access shall be completed prior to the development first being brought into use and
the visibility splays shall be maintained clear of all obstructions thereafter. 
Reason: In the interests of road safety. 
No external lighting shall be installed on the site other than with the prior written
approval of the planning authority. In that event the location, type and luminance of
the lighting units to be installed shall be specified, and any duly approved lighting shall
be installed in a manner which minimises illumination and glare outwith the boundary
of the application site. The site shall not be illuminated other than in the event of staff
being present on site. 
Reason: In order to avoid unnecessary visual intrusion, in the interests of the visual
amenity of an area otherwise unaffected by the presence of light sources. 
All vehicles transporting construction material to and from the proposed development
shall be sheeted. 
Reason: To ensure that material from the site is not deposited on the trunk road to the
detriment of road safety. 
Any blasting for the development hereby permitted shall not exceed vibration levels at
the nearest Noise Sensitive Receptors (NSR) of the guideline limits presented in BS
7385-2: 19937 and BS 6472-2: 20088. 
Reason: In the interests of protecting amenity of neighbouring land use occupiers.

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ADDITIONAL NOTES TO APPLICANT 
• Guidance on the submission of a request for a NMA is available online. Guidance Note
(argyll-bute.gov.uk) 
• Regard should be had to the advice to the applicant supplied by SEPA in their
consultation responses, copies of which can be viewed on the planning pages of the
Council's Website. Please note that in respect of condition 2 above SEPA advises that
the finalised peat management and restoration proposals should adhere to their advice
as included within their part 4 of their consultation comments. 
• Regulatory requirements for private water supplies should be discussed with the
Council's Environmental Health Officers in the first instance. 
• A Road Opening Permit under the Roads (Scotland) Act 1984 must be obtained from
the Council's Roads Engineers prior to the formation/alteration of a junction with the
public road. 
• The access shall be constructed and drained to ensure that no surface water is
discharged onto the public road.

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COMMITTEE REPORT
APPENDIX A – RELATIVE TO APPLICATION NUMBER:  24/00260/PP 
PLANNING LAND USE AND POLICY ASSESSMENT 
1.  Introduction 
1.1. The proposal the subject of this application is seeking to secure planning permission
under Section 42 of the Town and Country Planning (Scotland) Act 1997 to delete a
planning condition (Condition 11) attached to the original consent for an electrical
substation, requiring that the finished floor levels of all the previously approved
buildings on the site are elevated 0.3 metre above the surrounding ground levels. 
1.2 The proposed development is located 2.5km south west of Cladich on the eastern
slopes of Cruach na Gearrchoise within the River Aray catchment. The site is located
within a large commercial conifer plantation which is in the process of being harvested.
The surrounding land is a mix of regenerating moorland, conifers and a small number
of large trees. The application site has been fully harvested and now comprises of a
clear felled area of ground, with some mature trees retained along the western
boundary. The site selection process for the substation was detailed in the
Environmental Appraisal (Section 4.2: Site Selection) submitted with the original
planning application, 22/00728/PP.  This explained that the aim of the process was to
identify a proposed site which is technically feasible and economically efficient, and
which causes the least disturbance to the environment; and to those living in it, visiting
it or using it for recreation. Of the eight sites originally considered, two were selected
as preferred sites, with subsequent investigations identifying the presence of
significant volumes of environmentally sensitive and technically challenging peatland
at both preferred sites. This resulted in further survey work and micro-siting to
determine the site with the least amount of peat disturbance, which in turn became the
land occupied by the current application site. 
1.3 The proposal itself comprises the creation of a substation platform of approximately
4.2ha to accommodate the Gas Insulated Switchgear (GIS) for the proposed
substation. This would be created using cut and fill to create a level platform at 208m
AOD, cutting some land within the site area down from 220m AOD. One side of the
substation will comprise a 275kV double busbar Gas Insulated Switchgear (GIS),
housed in the larger of two main buildings (approximately 22m x 14m x 20m) and will
include connection of two 275kV overhead line bays. The other side will consist of a
132kV double busbar GIS, housed in the smaller of the two buildings (approximately
22m x 14m x 20m) and will include four 132kV overhead line bays and a possible grid
transformer bay. Both sets of GIS will have two bays to connect to the centrally located
super grid transformers which sit between the two buildings. The 275/132kV super grid
transformers (SGT) will be rated at 480 MVA. The substation includes a single storey
building to house the site services and control equipment. A private bore hole is
proposed to provide a private water supply to the development with the requirement
for toilet facilities, a shower and sink for the maintenance staff as the converter station
will not be permanently manned. 
2.  Settlement Strategy 
2.1 Section 25 of the Town and Country Planning (Scotland) Act 1997 requires planning
applications to be determined in accordance with the development plan unless material
planning considerations indicate otherwise. The principle of development has been

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established under the original permission and consequently, it is not necessary to
revisit whether or not it is compliant with the settlement strategy. This is an application
to delete the requirements of the condition on an existing permission. In order to
address the determining issues, the key considerations are therefore: 
1. Compliance with the adopted Development Plan and other planning policy 
2. Deletion of condition 11; and 
3. Any other material considerations. 
3.  Compliance with the Development Plan 
3.1 The Development Plan has changed since the determination of the original application.
The Development Plan now comprises the adopted National Planning Framework 4
[NPF4], in addition to the adopted Argyll and Bute Council Local Development Plan 2,
2024 [LDP] and all statutory and supplementary guidance. Notwithstanding this, it
should be noted that the original application report of handling also considered the
application against the policies of the draft NPF4 document, which have effectively
been replicated in the adopted NPF4, as set out below. As approval of this current
application would grant a fresh planning permission for the proposals, it is necessary
to address the relevant policy framework for the application where the framework
differs from that of the previous LDP, in addition to addressing any relevant matters
raised by the request to delete Condition 11 and amend other relevant conditions. 
3.2 As the proposals involve an amendment to an existing live consent, there is no
opportunity for the Planning Authority to revisit the principle of the development, or any
facets of the original permission that do not form part of the proposed amendments. 
Therefore, in this instance, the assessment of the proposals relates solely to
consideration of any impacts that may arise from the deletion of condition 11, which
required all buildings to be constructed 300mm above the adjacent ground levels. The
main matters for the Council’s consideration are, therefore, whether the development
would continue to comply with the Development Plan based on the new suite of
conditions.   
4.  National Planning Framework 4 
4.1 National Planning Framework 4 (NPF4) is Scotland’s national spatial strategy for
Scotland.  It sets out spatial principles, regional priorities, national developments, and
national planning policy.  NPF4 supports the planning and delivery of sustainable
places, liveable places, and productive places. As the proposal continues to seek
permission for an electrical substation to facilitate the transmission of existing and
future renewable energy projects within this part of Argyll and Bute, helping to tackle
issues of climate change, it is considered that the amended proposals continue to
accord with the relevant policies of NPF4. Of particular relevance is assessment
against NPF4 Policy 22 – Flood Risk and Water Management, which seeks to reduce
the vulnerability of existing and future development to flooding. In this respect, noting
that the Council’s flooding consultee has no objection to the removal of the condition
requiring finished floor levels 0.3 metre above the adjacent ground levels, and that the
applicant would be seeking to construct all proposed buildings 0.15 metre above
existing ground levels, the amended application is considered to comply with NPF4
Policy 22. 
5.  Argyll and Bute Local Development 2 
5.1 The original application was assessed against the policies of the draft Argyll and Bute
Local Development Plan 2, in addition to those of the adopted Argyll and Bute Local

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Development Plan 2015. In terms of the minor changes to the previously approved
scheme, consideration has been given to whether the proposals continue to comply
with the provisions of the current adopted Local Development Plan.  Following a
detailed assessment of the application against the relevant policies of the adopted
Argyll and Bute Local Development Plan 2, in particular Policy 55 – Flooding, which
requires all development proposals to demonstrate that all risks of flooding are
understood and addressed, and that the development would remain safe and
operational during floods, and noting the relevant consultee responses advising no
objections to the removal of condition 11, it is considered that the amended proposals
are acceptable.   
5.2 The detailed assessment of the application has fully considered impacts on
international, national and local designations, impacts on carbon rich soils, deep peat
and priority peatland habitat, economic benefits, contributions to renewable energy
targets, effects on natural heritage and ecology, landscape and visual impacts,
cumulative impacts, public access, the historic environment, tourism and recreation,
road safety and traffic, hydrology, water environment and flood risk, and environmental
protection.               
6.  Public Representation 
6.1 No representations to the amended application have been received. 
7.  Conclusion 
7.1 Permission is sought under Section 42 of the Planning Act to delete condition 11 of the
original permission, 22/00782/PP, a condition requiring that the finished ground floor
levels of all buildings on the site are elevated to 0.3 metre above surrounding ground
levels. As stated above, the effect of granting a Section 42 application Permission is
such that a new permission exists for the development with different or no conditions
attached. Planning Authorities should attach to the new permission all of those
conditions from the previous permission, where applicable, and amended/reworded as
necessary. All relevant matters have been taken into account when appraising the
application, including the likelihood of significant adverse effects likely to occur as a
result of not requiring all buildings to incorporate raised finished floor levels of 0.3
metre. The Council is supportive of renewable energy projects in line with National
Policy. The impact of a new electrical substation has been deemed acceptable in this
location and the development is under way on site. There have been no objections
raised in respect of this further application from third parties or statutory consultees.
All relevant matters have been taken into account when appraising this application. 
7.2 The proposed development remains exactly the same as that approved and currently
under construction under the original Planning Permission ref. 22/00782/PP with no
changes to the site layout, proposed buildings, infrastructure or access arrangements.
Full details of the proposed development originally approved are contained in the
Report of Handling for permission ref: 22/00782/PP.     
7.3 On the basis of all of the above, the proposal is considered to be consistent with
policies in both the National Planning Framework 4 (NPF4) and the Argyll and Bute
Local Development Plan 2. Therefore, it is recommended that the application to delete
condition 11 attached to planning permission 22/00782/PP is granted, which effectively
renews that planning permission for a further three years.