PLANNING APPLICATION: 15/00631/EIA
In the event that a recommendation on this planning application is overturned the Committee is reminded of the advice contained on the front page of the agenda for Reports on Applications
THE PROPOSAL
Offshore cabling making landfall near Portgordon 30m below ground level and surfacing 150m inland on agricultural ground. At this area, a temporary landfall works compound 120m x 85m will be located to facilitate construction of two permanent transition bay chambers where the subsea cables will transfer to land based cables. Once complete these chambers will be accessible via manholes, with no other structures remaining above ground at Tannachy Sands, Portgordon. This works compound will be in situ for approximately 12-18 months.
The onshore cable corridor will consist of two trenches and two 220kV cables travelling for a distance 18.5km underground, which will be backfilled and returned to predominantly agricultural use. The HVAC (High Voltage Alternating Current) cable corridor will be 13m wide in terms of servitude of access etc but on the current application site plan is shown wider (approximately 50m) to reflect the necessary construction corridor for machinery, earth moving etc.
The cable corridor will comprise of the two cables laid 4.5m apart and 1.3m - 2m deep. Approximately every 900m an underground jointing bay (10 m length x 3.5 m width x 2.1 m depth for each cable) will be required to connect sections of cabling. These will then be backfilled and accessed by manholes once complete. These jointing bays will occur 20 times for each cable along the 18.5km route. Also present in each trench will be;
o a fibre optic communication cable and duct; o an earth conductor cable duct (subject to detailed earthing system design); and o a cable monitoring system.
At six points on the cable corridor at the crossing of watercourses, roads, railway lines, a horizontal directional drill (HDD) will be used instead of the open trench laying to tunnel under each obstruction. This will involve a larger working area while the directional drilling rig is set up for the operation. These locations are at Burn of Tynet, A98, B9016, A96(T), Railway line/A95(T) and a further location beneath the Keith to Dufftown railway line and adjacent River Isla. Each HDD site will operate over a 1-4 week period dependent upon the complexity of the operation.
The cable corridor will also cross a number of smaller ditches, gas pipelines, other utilities, private tracks, and will require to cross Core Paths, the Speyside Way, Isla Way and a national cycle route.
It is anticipated that there will 26 points of temporary construction access points to the cable route corridor along its length during construction. A permanent access will be formed from the U43H Blackhillock Road into the substation site.
Construction and operation of a new 13 hectare High Voltage Alternating Current (HVAC) substation site at Blackhillock. The substation will consist of a control building 12m x 36m x 6m high and larger areas of external plant, apparatus and above ground cabling. Within the site, a 2.4m high security palisade fence will enclose and secure the substation compound which would be 220m x 160m. The substation will link via two 400kV lines into the adjoining Blackhillock SSE substation and the national grid.
The substation site will have a septic tank and soakaway for the staff using the control building. Within the secure compound CCTV security cameras and directional lighting is proposed, which will be operated manually when the site is manned. Once operational the substation will normally be unmanned. A car park will also be provided within the site for visiting personnel.
Temporary construction compounds at Blackhillock and Portgordon will be present for the duration of most of the construction, with the temporary seven satellite compounds on the cable route being present for shorter periods. The cable laying operation will move gradually along the cable corridor, laying several hundred metres per week on average dependent upon conditions and obstacles.
THE SITE
This is a very large site encompassing land from the coast at Portgordon south east to Blackhillock south of Keith.
The cable corridor at various points will interact with the Coastal Protection Zone (CPZ), the coastal Spey Bay Site of Special Scientific Interest (SSSI) and Keith Countryside Around Towns designation (CAT).
The cable corridor will pass south west of Portgordon Malting then generally follow the route of the A990 Portgordon Road, south across the A98 and then follow the B9016 towards Aultmore. The cable route will travel south from Aultmore and pass round the west and south sides of Keith, beneath the A96(T), A95(T), railway lines and River Isla. The cable corridor will then approach the substation compound from a north westerly direction passing by Braehead.
The cable corridor and substation occupy what is currently agricultural or scrub land, with no significant stands of trees affected by the cable corridor.
Beyond the environmental and landscape designation above, the site area covers, in differing locations, several archaeological designations, high pressure and low pressure gas mains, other utilities, railway lines, public roads, prime agricultural land and known flood areas.
HISTORY
History upon the site
12/01774/EIA - Erection of electricity substation/convertor station with access road ancillary works and underground cable link to Portgordon to service Beatrice Offshore Windfarm Ltd (BOWL) at Blackhillock Croft Keith Moray AB55 5NY. Planning Permission in Principle (PPP) was granted approval by committee in February 2013. The substation site and cable route are largely unchanged from the PPP apart from where the cable route now travels west and south of the Portgordon Malting, where it had previously sat to the east of the factory closer to the A990 Portgordon Road.
Relevant offshore planning history
12/00753/S36 - An Electricity Act Section 36 application for the Beatrice offshore windfarm in the Moray Firth and related Offshore Transmission Works (OfTW) was lodged with Marine Scotland in April 2012 and consent granted on 19th March 2014, with marine licences being granted for the windfarm and OfTW in August 2014. The windfarm comprises of up to 110 turbines (up to 7mW each) in the outer Moray Firth, capable of generating up to 664 MW of renewable energy. The Moray Council were consulted on the proposal by Marine Scotland and did not object to this offshore windfarm which lies approximately 50km north of the Moray coast. Construction is due to commence in 2017. Consent was granted for a 25 year period.
Separate to the current proposal, the separate installation of subsea and underground High Voltage Direct Current (HVDC) cables to enable efficient transmission of electricity between the new convertor stations at Spittal in Caithness and Blackhillock, Keith (the Caithness to Moray cable route) is being constructed from 2015. This undergrounded cable also makes landfall close to Portgordon and follows a similar route to Blackhillock past Aultmore and south of Keith. This cable corridor, which is known as the Scottish Hydro Electric Transmission Ltd. (SHE-T) line, is being developed under Permitted Development Rights relevant to Electricity Utility providers.
Nearby planning history
10/02092/EIA - Formation of windfarm comprising of 6 wind turbines (125m in height total capacity up to 21mw) and associated infrastructure including access tracks, control building housing, switchgear equipment and buried cables at Edintore, Keith. Located approximately 1km south of the proposed substation site, this application was approved at Appeal by the DPEA in 2012 and construction has now started.
12/00834/APP - Electricity substation expansion at Blackhillock Sub Station, Keith, Moray is a large project and part of the national grid upgrade by SSE Ltd as part of a major reinforcement of the transmission network serving the north of Scotland to enable proposed renewable projects to connect to the National Electricity Transmission System (NETS). This site, which extends to 27 hectares, is now under construction and is located immediately to the east of the proposed BOWL substation. This was approved by committee in October 2012.
12/01163/APP - Provision of site office welfare facilities parking for a period of 4 years during construction and road widening of U43(H) at Blackhillock Sub Station, Keith, Moray. This compound lies south east of the existing Blackhillock substation and has been constructed. This compound was approved by Committee in January 2013.
15/00271/APP - Site construction compound and offices associated with the building of HVDC Convertor Station at Blackhillock Substation and SHE-T cable works leading north toward Portgordon. Compound located at Little Gibston, Keith, Moray. Granted for a temporary 6 year period at committee in May 2015, this compound will be similar to and adjacent to the compound currently operational on adjacent land to the north. This compound is now under construction.
POLICY - SEE APPENDIX
ADVERTISEMENTS
Advertised under EIA Regulations and for neighbour notification purposes.
CONSULTATIONS
Transportation - no objection subject to conditions and informatives.
SEPA - no objection subject to conditions and informatives.
Environmental Health – no objection subject to conditions regarding noise and limiting the hours of construction activity.
Royal Society for the Protection of Birds - the proposed ornithological mitigation proposed in the Environmental Statement should be provided (Officer note - the condition relating to the provision of a CEMP based on the outline CEMP inclusive of a Schedule of Mitigation covers this issue).
Joint Radio Company - no objection.
Transport Scotland - no objection subject to various conditions.
Network Rail - no objection subject to comments.
Historic Environment Scotland (formerly Historic Scotland) - no objections.
Aberdeenshire Council Archaeology Service - no objection subject to a condition.
SNH - no objection subject to ecological mitigation being carried forward into CEMP.
Building Standards - A Building Warrant may be required.
Private Water Supplies, Environmental Health - no objection.
SSE - no objection.
Atkins Global - no objection.
Ofcom - no objection.
Contaminated Land, Environmental Health - no objection.
Planning Obligations Unit - none required.
Moray Access Manager - no objection, and note the improvement to the core path network near the substation being undertaken by the applicant. These works are covered within the CEMP under the Schedule of Mitigation. Further exploration to develop new access opportunities as a result of the cable installation should have been further investigated.
Health and Safety Executive - no objections.
Ministry of Defence - no objections.
Scottish Government - no comments received from individual government departments.
Keith Community Council - no response received.
Strathisla Community Council - no response received.
Scottish Water - no consultation response returned. They had not previously objected to the PPP application.
OBJECTIONS-REPRESENTATIONS
NOTE: Following the determination of this application, name and address details will be/have been removed (i.e. redacted) in accordance with the Data Protection Act (paragraph 3 of Minute, Planning & Regulatory Services Committee 16 September 2014).
Representations received from: Mr Stephen Turner, Glenarn, Forgie, Keith, Moray, AB55 6RN Ms Deborah Law, Rhunach, Keith, Moray, AB55 6RB Mr David Logan, Ryeriggs Croft, Keith, Moray, AB55 6RB Mrs Hazel McKandie, address not given
All objections/representations have been read and where material, given the appropriate consideration prior to the recommendation finalised. The grounds for objection/ representation are summarised as follows;
Heading of issues/objection reasons selected by those making representation from objection/representation online objection web link. - Activity at unsociable hours/behaviour - Affecting natural environment - Drainage - Dust - Inadequate plans - Lack of landscaping - Litter - Loss of privacy (being overlooked) - Noise - Smell - Traffic - Poor design - Road safety - Traffic - View affected
The main points of the representations are:
Issue - The cable corridor and construction activity will pass close to objectors property and a temporary compound will lie close to another objectors property. Comment (PO) - Various conditions are recommended including a Construction Environmental Management Plan with a Schedule of Mitigation to minimise the disruption caused by the cable laying process. The cable laying process will only be working close to residences for a limited period of time. A further condition will restrict any excessive construction noise during the night (condition 2).
Issue - The cable corridor will effect private water supplies, soakaways and utilities. Comment (PO) - The applicant would be liable for any damage caused to a specific private water supply, pipes or other utilities and this would be a separate legal matter. In terms of ground water more generally, measures are proposed and conditioned to protect ground water and the proposed cable corridor will lie close to the surface of the ground. No objections have been received from the consulted utility providers.
Issue - No contact has been made with objectors about how the development would affect their property or any mitigation measures to improve the route. Comment (PO) - Neighbour notification was issued to the property and any alleged lack of discussions between the applicant and neighbouring property owners to the site, would not constitute grounds for refusal. It is noted however that the objector believes such discussion over the routing and mitigation should have taken place.
Issue - Loss of Privacy. Comment (PO) - While construction activity would occur close to properties for temporary periods, it is not anticipated that the development would result in any unacceptable loss of privacy.
Issue - Working at anti-social hours. Comment (PO) - A condition would restrict any excessive construction noise during the night (condition 2). The cable laying process will not spend long in any one location, as the works will be constantly moving along the cable corridor (approx. 30m per day).
Issue - Effect on landscape. Comment (PO) - The cable corridor and transition bay chambers at the landfall area will all be contained underground, with the substation near Blackhillock the above ground element. The landscape and visual impact of the substation is not considered to be unacceptable. See Observations Section.
Issue - Lack of response calls from both the applicant and the Moray Council. Comment (PO) - Several attempts were made to call one of the objectors, but they had no message service on the phone number given. Another objector had not received a call back by the time they had lodged their representation. This matter did not prevent representations from being lodged and is not in itself grounds for refusal.
Issue - No opportunity to respond to the Compulsory Purchase notification that had been sent to the wrong address. Comment (PO) - This matter is separate to the planning process and is therefore not a material consideration for this application.
Issue - Access to properties could be affected. Comment (PO) - A traffic management plan will be required which will minimise disruption to private accesses. Recommended Condition 8 seeks submission of the traffic management plan.
Issue - Will the construction access tracks remain in use after the cable corridor has been laid? Comment (PO) - No, the temporary access points will not be maintained for access and the land above the cable corridor will predominantly be put back to agricultural use.
Issue - Objector is opposed to all windfarm development. Comment (PO) - This application is not for a windfarm, and the offshore windfarm it relates to has already been consented by Marine Scotland.
Issue - The high voltage cables are too close to residences. Comment (PO) - The proposed cable corridor is not considered to be excessively close to residences, and separate health and safety legislation covers matters such as the shielding layers surrounding the cables and separation distances of cables.
OBSERVATIONS
Section 25 of the 1997 Act as amended required applications to be determined in accordance with the Development Plan i.e. the adopted Moray Local Plan 2015 (MLDP) unless material considerations indicate otherwise. The main issues are considered below.
Background This application is the first 'national development' defined under both the Hierarchy of Development Regulations 2008 and National Planning Framework 3 (NPF3) to be considered via a 'Pre-determination Hearing' by the Moray Council. Following the modernising planning agenda, introduced through the Planning etc (Scotland) Act 2006 to increase the level of community engagement and involvement in the planning process, pre-determination hearing became mandatory for certain planning applications. This determination is to involve consideration at a hearing before the Planning and Regulatory Services Committee where Membership of the committee is extended to invite all Elected Members of the Moray Council to participate in the hearing. The Moray Council agreed this procedure for pre-determination hearings in June 2014 in the event that one was required.
As a national development, the proposal was subject to pre-application consultation procedures with the local community in accordance with the earlier Proposal of Application Notice (14/02158/PAN). A Pre-Application Consultation report was submitted with the planning application which refers to the outcome of the public consultation which was held in Portgordon and Keith in November 2014. In total 34 attendees were present between both events, and responses were generally supportive toward renewable energy, with comments made about the offshore windfarm. Comments regarding the onshore transmission works referred to opportunities within the supply chain and land Compulsory Purchase Order process (although this is separate to the planning process).
In compliance with The Town and Country Planning (Environmental Impact Assessment) (Scotland) Regulations 2011 the application is supported by an Environmental Statement (ES). In addition to the ES with associated appendices and figures, the application has also been supported by the submission of a design and access statement, non technical summary, and planning statement.
During the course of the consideration process, the applicants required to make some minor amendments to the layout of the secure compound at Blackhillock and at Portgordon at the landfall compound. BOWL submitted the changes by way of a Supplementary Environmental Information package. Upon receipt and review of this information, it became clear that the extent of the changes at the substation and landfall compound were sufficiently minor so as to warrant re-consultation or advertisement under the EIA Regulations. Comparison of the submitted and revised substation plans, photomontages and elevations showed little discernible difference in visual or other impacts. Similarly the addition of a temporary HDD launch pad to the overall cable landfall working area and temporary compound would not result in any significant change to the original ES submission.
National Context (National Planning Framework 3 (NPF3) and ER1) NPF3 identifies a number of different types of national development which are of a scale to be in the national interest and as such, in terms of the hierarchy of planning development, fall above the classification of 'major' development and are classed as 'national' development. This planning application involves construction of a high voltage connection from the landfall point from the offshore windfarm (2 cables) and substation at Blackhillock capable of transmitting over 400kV into the national grid. As such the development falls within National Development 4 relating to any High Voltage Electricity Transmission Developments. By way of comparison other developments identified as 'national’ developments within NPF3 include the redevelopment of Ravenscraig, development of high speed rail links with England and the expansion of Aberdeen Harbour. Status as a national development does not make it immune from due consideration within the planning process, but material weight should be attached to the national significance of the development.
The proposed development relates to infrastructure provision for offshore renewable energy production, which has been approved already by Marine Scotland and lies within a designated location specifically identified within the National Marine Plan for Scotland for offshore renewables (Moray Firth Beatrice zone). It is therefore not necessary to consider the merits of the offshore energy production itself, or review national guidance relating to renewables.
Moray Local Development Plan 2015 (MLDP)
Sustainable Growth (ED7, PP1) The development of this significant infrastructure will assist in providing a link from offshore renewable energy to the national grid, thereby securing access to the national grid from a non fossil fuel energy source. This power would also contribute to meet the increasing demand from energy that economic growth requires.
MLDP policy PP1 Sustainable Economic Growth and ED7 Rural Business Proposals seeks to encourage industrial activity in the countryside only where there is location justification; where appropriate infrastructure is provided and environmental and visual impact has been taken into consideration. In this case the undergrounding of cables, provision of substantial areas of landscape screening and clear locational need to connect to the national grid at the Blackhillock SSE substation, all meet the above requirements of these two policies.
Sustainability (PP2, IMP1) In accordance with policy PP2 Climate Change a Sustainability Statement would normally require to be provided. Given the technical and functional nature of this development where engineering and safety requirements of all structures, buildings and enclosures are paramount, there is little opportunity to incorporate design features or materials that would otherwise typically be provided by a sustainability statement and informed by the Climate Change supplementary guidance associated with the policy. The project itself is related to the connection between the national grid and the approved 664 mW offshore windfarm which will contribute significantly by way of production of carbon free, renewable energy to national climate change and carbon reduction targets.
On this basis, and following an exercise by the applicant in assessing the checklist headings of the Sustainability Statement template (within the supplementary guidance) for the development, formal submission of a Sustainability Statement was not required/relevant. The substation will contribute to biodiversity via provision of a hectare of mixed species tree planting and a SUDS pond. Efficient use and re-use of mineral and soil resources on the site has been pursued for the construction phase.
The principle of the cable route and substation has been established via the Planning Permission in Principle (12/01774/EIA). The proposal does not therefore depart from policy PP2 or the related elements within subsection e) of policy IMP1 Developer Requirements.
Landscape and Visual Impact (E8, E10, ED7, IMP1 and IMP2) The landscape designations affected by this proposal are where the cable corridor comes ashore at Portgordon into the Coastal Protection Zone (CPZ) and where the cable route passes through the Keith Countryside Around Towns (CAT). The applicant has undertaken a full Landscape and Visual Impact Assessment of the proposed cable route and substation. After any construction period has passed any visual impact will be confined to the substation itself as the cable corridor and all inspection chambers, would be below ground, and the land restored to its former levels, and for the majority of land it would be returned to its previous use. The impact on the Coastal Protection Zone (policy E8) and Keith Countryside around Towns (policy E10) where both policies seek to protect and preserve the open coastal or rural landscape will not be detrimentally affected or diminished.
The location of the substation 1.3km south of Keith means the most likely visual receptors are several nearby rural properties and residents on the south west side of Keith and from the Public roads south and west of Keith. Revised Figure 8.7 of Volume 3 of the ES covering Landscape and Visual Impact shows a Zone of Theoretical Visibility (ZTV) map which indicates that views from the majority of Keith would be distant or obscured. The most prevalent views would be from locations such as Seafield Walk on the south west side of the town in revised Figure 8.21 VPO2, although the site does benefit from the backdrop of the slopes of Cairds Hill which rise to the south east behind the site. The closest property to the substation would be Auchorties Farm 220m to the north of the substation, but the orientation of the farmhouse and buildings mean that they would not face directly toward the substation location and the occupiers have made no representation toward the visual impact of the proposed development.
In mentioning Cairds Hill above it is also appropriate to highlight from the history section the presence of planning approval 10/02092/EIA for six large wind turbines that are now under construction will dominate this part of the landscape. Views from Keith and the A96(T) of this general location will be drawn to the wind turbines rather than from the vertically smaller substations to the north. The collective area of the substations should not however be underestimated. Including access tracks, SUDS ponds and landscaping in addition to the two substations compound, the area covered will be approximately 40 hectares.
Views of the proposed substation site would however benefit less from a backdrop when viewed further from the north west on the B9016 south west of Keith. Revised figure 8.24 Viewpoint SO5 B9016 indicates that the substation would break the skyline and given the size of the site and the potential height of control building and apparatus, their presence would not be insignificant. These views are already changing however as the SSE Blackhillock site and associated landscaping to the east approved under 12/00834/APP is now under construction. Views from the north west will be partly mitigated by the substantial area of bunding and landscaping proposed on the north side of the compound site as shown in the further revised Figure 8.8 ZTV where the predicted landscaping has had 15 years to mature shows the views of the substation from the north being slightly reduced. Photomontages provided give an approximation of view of the substation once the landscaping has had an opportunity to mature, and it would obscure the appearance of the north side of the development. The appearance of the substation behind the bunding area upon completion would not be so prominent as to be unacceptable in terms of MLDP policy IMP1 Developer Requirements where development should integrate into the surrounding landscape.
There are also substantial areas of bunding and landscaping proposed at the northern end of the SSE Blackhillock substation expansion currently under construction. This additional landscaping would benefit the BOWL substation, particularly when viewed from the north east.
Cumulatively the presence of both the larger SSE substation and the Edintore windfarm will make this area appear visually busier than other rural areas, but given the substation would appear visually inseparable from the adjoining larger substation its presence is not considered to be detrimental to the wider landscape character already present.
It is noted that there have been no objections to the visual appearance of the substation from the public or from consultees. The substation site whilst not far from Keith, does not dominate views from the down, nor other local vantage points, and is not visible from the A96(T). Aided by the landscaping mitigation the development would not have a detrimental impact on the landscape nor appear overly visually obtrusive.
Ecology and ornithology (E1, E2, E3, E8, IMP1 and IMP2) The site, which covers a large area of ground between Portgordon and Blackhillock, lies upon or adjacent to a number or environmental designations, or sensitive areas. The Coastal Protection Zone, as defined under MLDP policy E8, requires development not to compromise the ecological importance of the designation. While the temporary landfall works compound encompassing the permanent underground transition bay chambers will be present within the CPZ, care has been taken to avoid any impact on the SSSI therefore preserving the ecology of this part of the CPZ.
Other than the proximity of the landfall area to the Spey Bay Site of Special Scientific Interest (Geomorphological and Biology) there are no other local, national or international environmental designations affected by the development. Given the cable corridor will involve almost continuous excavation for a distance of 18.5km including crossing areas of Groundwater Dependant Terrestrial Ecosystems (GWDTE) and known areas of flooding and high water tables, efforts have to be made to adopt guidance regarding the construction methods and monitoring of ground water during construction.
As the cable corridor will, for the coastal SSSI and main water courses such as the Burn of Tynet and the River Isla, use directional drilling techniques and would drill well below the water courses and SSSI designation, it is not anticipated they will be excessively disturbed. The proposal would therefore comply with the requirements of both MLDP policy E1 Natura 2000 and Natural Cons Sites and E2: Local Nature Conservation Sites & Biodiversity which address protection of environmental designations, subject to the conditions recommended.
A variety of protected species and ornithological surveys were undertaken and these have been summarised and considered in Chapter 7 Ecology and Ornithology of the ES. Given that the cable corridor and substation occupy mostly agricultural land, the impact on protected species for a size of this site is relatively low. The applicant has pulled together various mitigation and safeguarding measures for protected species (as well as for other ES Chapters) into the outline CEMP contained within Volume 4: Technical Appendices to the main ES report. Condition 3 recommends that the full CEMP be closely based upon this outline CEMP. This is the position also of SNH who have said that the mitigation measures contained within the outline CEMP will be appropriate to ensure the protection of wildlife and habitat affected by the development. This will ensure compliance with MLDP policy E3 Protected Species.
Cumulative Issues with SHETL cable route BOWL and the Scottish Hydro Electric Transmission LTD (SHETL) project are in discussion about co-ordinating their operations to minimise local disruption during construction, where possible.
Technical and safety restrictions prevent any cables from sharing the same trench and therefore the two sets of cables will require their own corridors to allow for safe distances to be maintained. Minimising environmental disruption by co-ordinating some of the directional drilling activities is the most likely area of cooperation, however the two projects are not necessarily on similar timelines for construction. The SHE-T cable which has undergone a simpler consenting process by virtue of benefiting from Permitted Development is closer to commencement, with its main construction compound already consented via 15/00271/APP which is to be shared with the Blackhillock HVDC converter station development currently under construction (12/00834/APP).
Drainage and Flooding (EP5, EP6, EP7, EP10, IMP1 and IMP2) Areas within cable corridor are susceptible to flooding, and in line with the requirements of MLDP policy EP7 Control of Development in Flood Risk Areas, the applicant has submitted in Chapter 12 Hydrology of the ES an assessment of the implications on flooding and ground water of the proposed cable corridor. The applicant has committed, within their outline CEMP, to a number of measures to prevent exacerbating flood issue within the areas they will be working. This includes measures such as ensuring any crossing over or beneath water courses would not restrict water flow. The Schedule of Mitigation within the outline CEMP also proposes a number of measures to protect natural water courses from pollution.
Following consultation with SEPA and Moray Flood Risk Management a number of conditions have been recommended to ensure an acceptable form of Development including in condition 5 the need for a detailed Site Waste Management Plan (SWMP) based on the Outline Site Waste Management Plan provided in the ES Volume 4: Technical Appendix. The Moray Flood Risk Management Team has also made a recommendation contained within condition 24, which requires the submission of a detailed Drainage Impact Assessment and Sustainable Urban Drainage System SUDS scheme.
Both SEPA and Moray Flood Risk Management have not objected to the proposals subject to conditions recommended. The proposal therefore complies with MLDP policies EP5: Sustainable Urban Drainage Systems, EP6: Waterbodies and EP7: Control of Develop in Flood Risk Area which see to protect the water environment. These goals are also identified in paragraphs d), i) and j) of policy IMP1 Developer Requirements.
In relation to policy EP10 Foul Drainage, the proposed septic tank and soakaway to service the staff welfare facilities is acceptable in this occasion and will be separately regulated under Building Standards.
Private Water supplies (EP4) While the Moray Council Environmental Health Section raised no specific concerns regarding the proposals it is noted that discussions took place between the applicant and directly with SEPA regarding the protection of ground water and hydrology, such that any private water catchment areas within the application site boundaries would benefit from the protection contained with recommended condition 3 and 4 designed to protect ground water and the water environment. The applicant would have to be diligent when constructing the cable corridor from Portgordon to Keith to protect individual private water supplies where they are encountered. Any construction activity on third party land or where water supplies are crossed would be the responsibility of the developer and is separate to the planning process.
Subject to the conditions recommended the proposals accord with MLDP policy EP4 Private Water Supplies.
Geology and agricultural land (ER5, ER6 and IMP1) MLDP plan ER5 and IMP1 paragraph l) seeks to protect prime agricultural farmland from irreversible development. As the ES intends the vast majority of the cable corridor be returned to agricultural use (apart from the jointing and landfall transition bay chambers) the areas of prime agricultural land located on either side of the A98 and southward towards Enzie will not be compromised. The productive agricultural land upon which the substation would be located is not prime agricultural land, and does not therefore depart from policy ER5 Agriculture.
The site does not result in any significant incursion into peat (as a carbon rich soil) and will generally occupy farmland for the majority of the cable corridor. It therefore does not conflict with the aims of policy ER6 Soil Resources which seeks to minimise disruption to carbon rich soils.
Hazardous sites (EP11) The cable route passes the high pressure gas main that runs past the substation site. The HSE have not objected to the proposals and the developer will have to liaise with the gas utility company along with other utility companies prior to commencing work. The substation has been specifically located to maintain a suitable distance from the gas main to the south west of the site, and it is therefore compliant with MLDP policy EP11 Hazardous Sites.
Access and parking Issues (T2 and T5) A new access road approaching the Substation from the east requires a new junction to be formed on Blackhillock Road, the U43(H), between Gibston and Denhead. The road has been significantly improved south and east of Gibston to accommodate the construction activity already occurring at Blackhillock and it predicted that abnormal loads for this development would approach from the A96(T) from the same direction. ES Volume 4 Technical Appendices 13A includes the preferred abnormal loads route from Buckie Harbour to the site at the A96. This route is described in Section 13.4.1. of the ES.
Of the three development elements, the substation and permanent access will generate a higher level of construction traffic compared to landfall and cable corridor activities. The landfall location, cable corridor and substation location were chosen to minimise disruption to infrastructure services, including road users, as was the types of crossings of existing roads (e.g. Horizontal Directional Drilling (HDD) under major roads).
In addition to the ES Chapter 13 Access, Traffic and Transportation, as a national development, a Design and Access Statement is required. This identifies the measures that would be used to protect or temporarily cross paths, tracks and roadways. Various conditions are recommended, inclusive of a traffic management plan in condition 8 and details of all path/roadway diversions in condition 10, 12 and 18 to ensure disruption are minimised.
Several conditions are also recommended by the Transportation Section and Transport Scotland regarding delivery of abnormal loads to the site. It is anticipated that some of the apparatus for the development may be abnormally heavy if not oversized, and this has been taken into consideration as part of the route selection. Subject to the conditions recommended, both Transport Scotland and the Transportation Section raise no objection to the proposal. MLDP policy T2: Provision of Access has therefore been complied with. The proposed compound layout plan Fig 6.12 Rev 1 Substation layout shows sufficient car parking to demonstrate compliance with policy T5 Parking Standards.
Recreation and socio economic impact (T7 and IMP1) Chapter 14 Socio-economics, Tourism and Recreation of the ES acknowledges that the cable corridor will cross several Core Paths, the Speyside Way and the Isla Way, in addition to a national coastal cycle route. Given the undergrounding of the cable corridor the development would not have any detrimental effect on recreational or tourist assets post construction north of Keith. A survey of tourism assets near the substation at Blackhillock indicate that any attractions are contained within Keith itself. Although not identified as such by the applicant, for the purposes of the assessment, Keith Show ground is also considered to be a tourist asset and from the top end (west side) of the show ground, the substation would be visible when looking south. There would however be no detrimental effect on the show ground or other attractions within Keith given the distance to the substation 1.3km to the south. The proposed landscaping on the north side of the substation will, in time, further mitigate any views of the substation from Keith Show ground and the rest of the town. Photomontage Fig 8.22 viewpoint S03 Moss Street illustrates how the substation would not constitute a prominent feature in key views from the town looking south.
A detailed survey of the site was undertaken and all core paths paths, cycleways and recreational features identified. The outline CEMP includes a Schedule of Mitigation which commits to providing suitable diversions around core paths, the Speyside Way, the Isla Way and the coastal national cycle route.
While the cable laying will be a mobile operation, there will inevitably be short periods when such routes are being excavated, and suitable diversions will be put in place to ensure that access is not hindered. Recommended condition 18 requires specific measures to be in place to secure diversions, with appropriate signage round all core paths and cycleways. Subject to the above condition, the proposal would comply with the requirements of MLDP policy T7: Safe & Promotion of Walking, Cycling & Equestrian Networks.
In socio economic terms the construction phase will also benefit the local economy, for the 18 - 24 month period of construction where local contractors, hoteliers and suppliers will see an increase in business.
Archaeology and Built Heritage (BE1) As the site would be a sufficient distance away from any listed buildings, or their settings, it has not been necessary to consider the impact of the proposal in relation to MLDP policy BE2 Listed Buildings. This assessment has been corroborated by the consultation response from Historic Environment Scotland.
Given the size of the site, and the nature of the development involving a great deal of excavation there is the potential for the development to impact on archaeological resources between Keith and Portgordon. The applicants in Chapter 9 of the ES Archaeology and Cultural Heritage have shown that a comprehensive baseline assessment was made of the entire site, and that a number of archaeological features are present. Of note there are a number of features present at the north end of the cable corridor close to the coast. Following consultation with Aberdeenshire Council Archaeology Service, a condition is recommended (condition 23) requiring a programme of archaeological works to be provided ensuring the proper process is followed should any archaeological resources be uncovered. This condition ensures compliance with MLDP policy BE1 Scheduled Monuments and National Designations.
Landscaping and impact on woodland (ER2 and E4) Whilst a secure site, and not open to the public a significant amount of landscaping and planting is proposed to assist in screening the site visually from the surrounding countryside and from Keith. This would offset the removal of any individual naturally seeded trees at the edges of agricultural fields, near water courses or at road sides along the proposed cable corridor. A detailed examination of the cable corridor shows no woodland areas being subdivided or removed as a result of the development. There may be trees close to the Burn of Tynet and the cable corridor encroaching into a small areas of trees near Ryeriggs, but not to any significant degree. Recommended condition 25 would ensure that the areas of proposed landscaping around the substation are timeously provided. MLDP policy E4 Trees and Development promotes the use of indigenous trees species. The proposed landscaping plan shows some non indigenous coniferous trees species towards the centre of the landscaped area, and where there is the desire to screen the substation from Keith to the north, allowances can be made for utilisation of some faster growing non native species. Deciduous native trees will dominate the outer edges of the landscaped areas.
MLDP policies E4 Trees and Development and ER2 Development in Woodlands are therefore complied with.
Air Quality (EP12 and IMP1) MLDP policy EP12 Air Quality CEMP requires dust mitigation measures for the site, until surfaces have been surfaced or seeded.
The cable laying process may involve excavations and machinery moving slowly across the site, laying on several hundred metres of cable per week if the target of 18.5km over 18 months is to be realised. Other than the landfall working area at the landfall transition bays near the coast and the substation site itself at Blackhillock most other construction should be relatively transient, with only temporary period of excavation occurring. On this basis, subject to the mitigation identified in the CEMP subject of condition 3, the above policies are complied with.
Noise, vibration and contaminated land (EP8, EP9 and IMP1) The only ongoing source of noise from the development post construction would be from the substation at Blackhillock, and the applicant is committed via the limits set down in condition 1 to increase noise attenuation measures on site surrounding apparatus, or at the edges of the compound in the future if necessary to achieve improved noise reduction levels.
A condition limiting construction noise levels measured at noise sensitive properties (residences) during night time periods has been recommended given the proximity of the cable corridor to residential properties between Portgordon and Keith (condition 2).
As described above the cable laying process will not be a static process, and machinery, works vehicles and activity will not be present in any one location for a long period of time. The six HDD rigs areas, landfall compound area at Portgordon and substation compound at Blackhillock will see the longest periods of sustained construction. These particular locations are sufficiently far from residential properties, so as not to cause a particular concern in terms of vibration and this conclusion within Chapter 11 Noise and Vibration is shared by both the Environmental Health Section and SEPA.
In terms of noise the operational sound of the substation apparatus, when combined with the anticipated noise of the adjoining SSE expanded Blackhillock substation required an assessment of potential cumulative noise. BOWL has liaised with SSE and following discussion with the Environmental Health Section, a condition is recommended ensuring that noise levels are controlled and monitored.
As such, MLDP policy EP8 relating to pollution would be complied with subject to conditions 1 and 2.
In relation to MLDP policy EP9 relating to contaminated land consultation with the Environmental Health section has confirmed that no further action is required.
Developer Contributions (IMP3) Given the infrastructural nature of the development, no developer contribution has been sought by the Planning Obligation Unit. The applicants have volunteered to carry out improvement works to several of the core paths leading southward from Keith towards the substation site. This will be delivered within the Schedule of Mitigation contained within the CEMP (condition 3).
Decommissioning and restoration (IMP1 and IMP2) While the applicants have volunteered an assessment throughout the ES of the impacts of potential decommissioning and restoration in recognition of the 25 year consent period for the offshore windfarm, no similar temporary period is sought for this proposal. The development has been designed as permanent infrastructure. Future wind energy production at the location of the currently approved BOWL offshore wind farm, or development within the offshore renewable Beatrice zone (not all of which has yet been development) or other subsea connections from Caithness coast are quite possible in the future. In pragmatic terms, the development of such expensive infrastructure linking Portgordon via a substation into the national grid is unlikely to become redundant where it could contribute to the diversity or robustness of the national grid in the future, even following the end of the offshore windfarms lifespan that it was built to serve.
Whilst a condition is recommended regarding the provision of a detailed decommissioning and restoration plan should the cable route ever cease to be utilised, it would not be reasonable as part of the development to insist on the provision and retention of a financial bond where the currently proposed works have not been identified as temporary in nature. The decommissioning and restoration assessment and related condition 7 recommended are a reflection of thoroughness of the EIA assessment, where the environmental implications of decommissioning have been taken into consideration rather than a clear intent to decommission the onshore infrastructure at the end of the 25 year generation period of the offshore windfarm.
Recommendation On the basis of the above assessment the proposal complies with the NPF3 and Moray Local Development Plan 2015 and is recommended for approval subject to the recommended conditions.
REASON(S) FOR DECISION The Council's reason(s) for making this decision are:-
The proposal accords with the provisions of the Moray Local Development Plan 2015 and there are no material considerations that indicate otherwise.
Author/Contact Neal MacPherson Officer:
APPENDIX
POLICY
Adopted Moray Local Development Plan 2015
Primary Policy PP1: Sustainable Economic Growth
The Local Development Plan identifies employment land designations to support requirements identified in the Moray Economic Strategy. Development proposals which support the Strategy and will contribute towards the delivery of sustainable economic growth and the transition of Moray towards a low carbon economy will be supported where the quality of the natural and built environment is safeguarded and the relevant policies and site requirements are met.
Primary Policy PP2: Climate Change
In order to contribute to reducing greenhouse gas emissions, developments of 10 or more houses and buildings in excess of 500 sq m should address the following:
• Be in sustainable locations that make efficient use of land and infrastructure
• Optimise accessibility to active travel options and public transport
• Create quality open spaces, landscaped areas and green wedges that are well connected
• Utilise sustainable construction techniques and materials and encourage energy efficiency through the orientation and design of buildings
• Where practical, install low and zero carbon generating technologies
• Prevent further development that would be at risk of flooding or coastal erosion
• Where practical, meet heat and energy requirements through decentralised and local renewable or low carbon sources of heat and power
• Minimise disturbance to carbon rich soils and, in cases where it is agreed that trees can be felled, to incorporate compensatory tree planting.
Proposals must be supported by a Sustainability Statement that sets out how the above objectives have been addressed within the development. This policy is supported by supplementary guidance on climate change.
Policy ED7: Rural Business Proposals
New business developments, or extensions to existing industrial/economic activities in the countryside, will be permitted if they meet all of the following criteria: a) There is a locational justification for the site concerned, particularly if there is serviced industrial land available in a nearby settlement. b) There is capacity in the local infrastructure to accommodate the proposals, particularly road access, or that mitigation measures can be achieved. c) Account is taken of environmental considerations, including the impact on natural and built heritage designations, with appropriate protection for the natural environment; the use of enhanced opportunities for natural heritage integration into adjoining land. d) There is careful control over siting, design, landscape and visual impact, and emissions. In view of the rural location, standard industrial estate/urban designs may not be appropriate.
Proposals involving the rehabilitation of existing properties (e.g. farm steadings) to provide business premises will be encouraged, provided road access and parking arrangements are acceptable.
Where noise emissions or any other aspect is considered to be incompatible with surrounding uses, there will be a presumption to refuse.
Outright retail activities will be considered against retail policies, and impacts on established shopping areas, but ancillary retailing (eg farm shop) will generally be acceptable.
Policy E1: Natura 2000 Sites and National Nature Conservation Sites
Natura 2000 designations
Development likely to have a significant effect on a Natura 2000 site which is not directly connected with or necessary to its conservation management must be subject to an appropriate assessment of the implications for its conservation objectives. Proposals will only be approved where the appropriate assessment has ascertained that there will be no adverse effect on the integrity of the site.
In exceptional circumstances, proposals that could affect the integrity of a Natura site may be approved where; a) there are no alternative solutions; and b) there are imperative reasons of over-riding public interest including those of a social or economic nature, and c) if compensatory measures are provided to ensure that the overall coherence of the Natura network is protected.
For Natura 2000 sites hosting a priority habitat or species (as defined in Article 1 of the Habitats Directive), prior consultation with the European Commission via Scottish Ministers is required unless either the imperative reasons of overriding public interest relate to human health, public safety or beneficial consequences of primary importance to the environment.
National designations
Development proposals which will affect a National Park, Site of Special Scientific Interest (SSSI) or National Nature Reserves will only be permitted where: a) the objectives of designation and the overall integrity of the area will not be compromised; or b) any significant adverse effects on the qualities for which the site has been designated are clearly outweighed by social, environmental or economic benefits of national importance.
Policy ER5: Agriculture
The Council will support the agricultural sector by: a) Presuming against irreversible development on prime agricultural land (classes 1,2 and 3.1) unless the site is required for settlement expansion and there is no other suitable alternative. b) Supporting farm diversification proposals in principle and supporting business proposals which are intended to provide additional income/ employment on farms.
Proposals for agricultural buildings with a locational requirement will be subject to visual, landscape and amenity considerations and considered against the relevant environmental policies.
Policy ER6: Soil Resources
Where peat and other carbon rich soils are present disturbance to them may lead to the release of carbon dioxide contributing to the greenhouse gas emissions. Developers should assess the likely effects associated with any development work and aim to mitigate any adverse impacts arising.
For major developments, minerals and large scale (over 20MW) renewable energy proposals, development will only be permitted where it has been demonstrated that unnecessary disturbance of soils, peat and any associated vegetation is avoided. Evidence of the adoption of best practice in the movement, storage, management and reinstatement of soils must be submitted along with any relevant planning application, including if necessary measures to prevent the spread of invasive non-native species.
Major developments, minerals and large scale renewable energy proposals on undisturbed areas of deep peat (defined as 1.0m or more) will only be permitted for these uses where: a) the economic, social and/or environmental benefits of the proposal outweigh any potential detrimental effect on the environment (in particular with regard to the release of carbon dioxide into the atmosphere); and b) it has been clearly demonstrated that there is no viable alternative.
Where development on undisturbed peat is deemed acceptable, a peat depth survey must be submitted which demonstrates that the areas of deepest peat have been avoided. Where required, a peat management plan must also be submitted which demonstrates that unnecessary disturbance, degradation or erosion of peat is avoided.
Large scale commercial peat extraction will not be permitted.
Policy T2: Provision of Access
The Council will require that new development proposals are designed to provide the highest level of access for end users including residents, visitors, and deliveries appropriate to the type of development and location. Development must meet the following criteria:
• Proposals must maximise connections and routes for pedestrian and cyclists, including links to active travel and core path routes, to reduce travel demands and provide a safe and realistic choice of access.
• Provide access to public transport services and bus stop infrastructure where appropriate.
• Provide appropriate vehicle connections to the development, including appropriate number and type of junctions.
• Provide safe entry and exit from the development for all road users including ensuring appropriate visibility for vehicles at junctions and bends.
• Provide appropriate mitigation/modification to existing transport networks where required to address the impacts of new development on the safety and efficiency of the transport network. This may include but would not be limited to, the following measures, passing places, road widening, junction enhancement, bus stop infrastructure and drainage infrastructure. A number of potential road improvements have been identified in association with the development of sites the most significant of these have been shown on the Settlement Map as TSPs.
• Proposals must avoid or mitigate against any unacceptable adverse landscape or environmental impacts.
Developers should give consideration to aspirational core paths (under Policy 2 of the Core Paths Plan) and active travel audits when preparing proposals.
New development proposals should enhance permeability and connectivity, and ensure that opportunities for sustainable and active travel are protected and improved.
The practicality of use of public transport in more remote rural areas will be taken into account however applicants should consider innovative solutions for access to public transport.
When considered appropriate by the planning authority developers will be asked to submit a Transport Assessment and Travel Plan.
Significant travel generating proposals will only be supported where:
• Direct links to walking and cycling networks are available;
• Access to public transport networks would involve walking no more than 400m;
• It would not have a detrimental effect on the capacity of the strategic road and/or rail network; and
• A Transport Assessment identifies satisfactory mechanisms for meeting sustainable transport requirements and no detrimental impact to the performance of the overall network.
Access proposals that have a significant adverse impact on the surrounding landscape and environment that cannot be mitigated will be refused.
Policy E2: Local Nature Conservation Sites and Biodiversity
Development likely to have a significant adverse effect on Local Nature Reserves, native woodlands identified in the Native Woodland Survey of Scotland, raised peat bog, wetlands, protected species, wildlife sites or other valuable local habitat or conflict with the objectives of Local Biodiversity Action Plans will be refused unless it can be demonstrated that; a) local public benefits clearly outweigh the nature conservation value of the site, and b) there is a specific locational requirement for the development
Where there is evidence to suggest that a habitat or species of importance exists on the site, the developer will be required at his own expense to undertake a survey of the site's natural environment.
Where development is permitted which could adversely affect any of the above habitats or species the developer must put in place acceptable mitigation measures to conserve and enhance the site's residual conservation interest.
Development proposals should protect and where appropriate, create natural and semi natural habitats for their ecological, recreational and natural habitat values. Developers will be required to demonstrate that they have considered potential improvements in habitat in the design of the development and sought to include links with green and blue networks wherever possible.
Policy E3: Protected Species
Proposals which would have an adverse effect on a European protected species will not be approved unless;
• there is no satisfactory alternative; and
• the development is required to preserve public health or public safety, or for other reasons of overriding public interest, including those of a social or economic nature, and beneficial consequences of primary importance for the environment; and the development will not be detrimental to the maintenance of the population of species concerned at a favourable conservation status of the species concerned.
Proposals which would have an adverse effect on a nationally protected species of bird will not be approved unless;
• There is no other satisfactory solution
• The development is necessary to preserve public health or public safety
• The development will not be detrimental to the conservation status of the species concerned.
Proposals which would have an adverse effect on badgers or their setts must be accompanied by a Badger Protection Plan to avoid, minimise or compensate for impacts. A licence from Scottish Natural Heritage may be required as well as planning permission. Where a protected species may be affected a species survey should be prepared to accompany the application to demonstrate how any offence under the relevant legislation will be avoided.
Policy E4: Trees and Development
The Council will serve Tree Preservation Orders (TPO's) on potentially vulnerable trees which are of significant amenity value to the community as a whole, or trees of significant biodiversity value.
Within Conservation Areas the Council will only agree to the felling of dead, dying, or dangerous trees. Trees felled within Conservation Areas or subject to TPO protection should be replaced, unless otherwise agreed with the Council.
Woodland removal will only be permitted where it would achieve significant and clearly defined additional public benefits. Where woodland is removed in association with development, developers will generally be expected to provide compensatory planting. The Council may attach conditions on planning consents ensuring that existing trees and hedges are retained or replaced.
Development proposals will be required to meet the requirements set out in the Council's Trees and Development Supplementary Guidance. This includes carrying out a tree survey to identify trees on site and those to be protected. A safeguarding distance should be retained between mature trees and proposed developments.
When imposing planting or landscaping conditions, native species should be used and the Council will seek to promote green corridors.
Proposals affecting woodland will be considered against Policy ER2.
Policy E8: Coastal Protection Zone
Development proposals within the Coastal Protection Zone (CPZ), as identified on the proposals map, must not prejudice the objectives of the CPZ or the Water Framework Directive and will be refused except: a) where there is an existing use, b) it is an appropriate extension or change of use to existing buildings, or replacement of existing buildings, c) for low intensity recreational or tourist use e.g. golf courses, driving ranges, sports fields d) for uses directly related to agriculture, forestry and fishing.
Proposals must not prejudice the objectives of the CPZ or adversely affect the ecological, geomorphological or landscape importance of the area.
Development will not be permitted on any parts of the coast that are identified as being at risk of flooding or erosion.
Policy E10: Countryside Around Towns
Development proposals within the Countryside Around Towns (CAT's) areas identified around Elgin, Forres, Buckie, Keith and Lossiemouth will be refused unless they: a) involve the rehabilitation, conversion, limited extension, replacement or change of use of existing buildings, or b) are necessary for the purposes of agriculture, forestry, low intensity recreational or tourism use or specifically allowed under the terms of other Local Development Plan policies or settlement statements within these areas (excluding houses in all these cases), or c) are a designated "LONG" term housing allocation, released for development under the terms of Policy H2.
Policy BE1: Scheduled Monuments and National Designations
National Designations
Development Proposals will be refused where they will adversely affect Scheduled Monuments and nationally important archaeological sites or their settings unless the developer proves that any significant adverse effect on the qualities for which the site has been designated are clearly outweighed by social or economic benefits of national importance.
Local Designations
Development proposals which will adversely affect sites of local archaeological importance or the integrity of their settings will be refused unless it can be demonstrated that; a) Local public benefits clearly outweigh the archaeological value of the site, and b) There is no suitable alternative site for the development, and c) Any adverse effects can be satisfactorily mitigated at the developers expense
Where in exceptional circumstances, the primary aim of preservation of archaeological features in situ does not prove feasible, the Council shall require the excavation and researching of a site at the developers expense.
The Council will consult Historic Scotland and the Regional Archaeologist on development proposals which may affect Scheduled Monuments and archaeological sites.
EP4: Private Water Supplies
All proposals to use a private water supply must demonstrate that a wholesome and adequate supply can be provided. Applicants will be required to provide a National Grid Reference for each supply source and mark the supply (and all works associated) e.g. the source, holding tank and supply pipe, accurately on the application plan. The applicant will also be required to provide information on the source type (e.g. well, borehole, spring). This information is necessary to enable the appropriate authorities to advise on the environmental impact, adequacy, wholesomeness, capacity of supply for existing and proposed users and pollution risks.
Policy EP5: Surface Water Drainage: Sustainable Urban Drainage Systems (SUDS)
Surface water from development should be dealt with in a sustainable manner that has a neutral effect on the risk of flooding or which reduces the risk of flooding. The method of dealing with surface water should also avoid pollution and promote habitat enhancement and amenity. All sites should be drained by a sustainable drainage system (SUDS). Drainage systems should contribute to enhancing existing "blue" and "green" networks while contributing to place-making, biodiversity, recreational, flood risk and climate change objectives.
Specific arrangements should be made to avoid the issue of permanent SUD features becoming silted-up with construction phase runoff. Care must be taken to avoid the introduction of invasive non-native species during the construction of all SUD features.
Applicants must agree provisions for long term maintenance of the SUDS scheme to the satisfaction of the Council in consultation with SEPA and Scottish Water as appropriate.
A Drainage Assessment (DA) will be required for developments of 10 houses or more, industrial uses, and non-residential proposals of 500 sq metres and above.
The Council's Flood Team will prepare Supplementary Guidance on surface water drainage and flooding.
Policy EP6: Waterbodies
Proposals must be designed to avoid adverse impacts upon water environment and should seek opportunities for restoration. The Council will only approve proposals impacting on water features where the applicant provides a satisfactory report that demonstrates that any impact (including cumulative) on water quality, water quantity, physical form (morphology), river hydrology, sediment transport and erosion, nature conservation, fisheries, recreational, landscape, amenity, and economic and social impact can be adequately mitigated.
The report should consider existing and potential impacts up and downstream of the development particularly in respect of potential flooding. The Council operates a presumption against the culverting of watercourses and any unnecessary engineering works in the water environment.
A buffer strip of at least 6m between any new development and all water features is required. These should be designed to link with blue and green networks and can contribute to open space requirements. Developers may be required to make improvements to the water environment as part of the development.
Policy EP7: Control of Development in Flood Risk Areas
New development should not take place if it would be at significant risk of flooding from any source or would materially increase the possibility of flooding elsewhere. Proposals for development in areas considered to be at risk from flooding will only be permitted where a flood risk assessment to comply with the recommendations of National Guidance and to the satisfaction of both the Scottish Environment Protection Agency and the Council is provided by the applicant. This assessment must demonstrate that any risk from flooding can be satisfactorily mitigated without increasing flood risk elsewhere. Due to continuing changes in climatic patterns, the precautionary principle will apply when reviewing any application for an area at risk from inundation by floodwater.
The following limitations on development will also be applied to take account of the degree of flooding as defined in Scottish Planning Policy; a) In areas of little to no risk (less than 0.1%) there will be no general constraint to development. b) Areas of low to medium risk (0.1% to 0.5%) will be considered suitable for most development. A flood risk assessment may be required at the upper end of the probability range (i.e. close to 0.5%), and for essential civil infrastructure and most vulnerable uses. Water resistant materials and construction may be required. Areas within this risk category will generally not be suitable for civil infrastructure. Where civil infrastructure must be located in these areas or is being substantially extended, it should be designed to be capable of remaining operational and accessible during extreme flooding events. c) Areas of medium to high risk (0.5% or above) may be suitable for:
• Residential, institutional, commercial and industrial development within built up areas provided flood protection measures to the appropriate standard already exist and are maintained, are under construction, or are a planned measure in a current flood management plan;
• Essential infrastructure within built up areas, designed and constructed to remain operational during floods and not impede water flow;
• Some recreational, sport, amenity and nature conservation uses, provided appropriate evacuation procedures are in place and
• Job related accommodation e.g. for caretakers or operational staff.
Areas within these risk categories will generally not be suitable:
• Civil infrastructure and most vulnerable uses;
• Additional development in undeveloped and sparsely developed areas, unless a location is essential for operational reasons, e.g. for navigation and water based recreation, agriculture, transport or utilities infrastructure (which should be designed to be operational during floods and not impede water flow), and
• An alternative, lower risk location is not available and
• New caravan and camping sites.
Where development is permitted, measures to protect against or manage flood risk will be required and any loss of flood storage capacity mitigated to achieve a neutral or better outcome. Water resistant materials and construction should be used where appropriate. Elevated buildings on structures such as stilts are unlikely to be acceptable.
Policy EP8: Pollution
Planning applications for developments that may cause significant pollution in terms of noise (including RAF aircraft noise), air, water and light emissions will only be approved where a detailed assessment report on the levels, character and transmission of the potential pollution is provided by the applicant. The assessment should also demonstrate how the pollution can be appropriately mitigated. Where the Council applies conditions to the consent to deal with pollution matters these may include subsequent independent monitoring of pollution levels.
Policy EP9: Contaminated Land
Development proposals on potentially contaminated land will be approved provided that: a) The applicant can demonstrate through site investigations and risk assessment, that the site is in a condition suitable for the proposed development and is not causing significant pollution of the environment; and b) Where necessary, effective remediation measures are agreed to ensure the site is made suitable for the new use and to ensure appropriate disposal and/or treatment of any hazardous material.
The Council recommends early contact with the Environmental Health Section, which can advise what level of information will need to be supplied.
Policy EP10: Foul Drainage
All development within or close to settlements (as defined in the Local Development Plan) of more than 2,000 population equivalent will require to connect to the public sewerage system unless connection to the public sewer is not permitted due to lack of capacity. In such circumstances, temporary provision of private sewerage systems may be allowed provided Scottish Water has confirmed investment to address this constraint has been specifically allocated within its current Quality Standards Investment Programme and the following requirements apply:
• Systems shall not have an adverse impact on the water environment;
• Systems must be designed and built to a standard which will allow adoption by Scottish Water.
• Systems must be designed such that they can be easily connected to a public sewer in the future. Typically this will mean providing a drainage line up to a likely point of connection.
All development within or close to settlements (as identified in the Local Development Plan) of less than 2000 population equivalent will require to connect to public sewerage system except where a compelling case is made otherwise. Factors to be considered in such a case will include size of the proposed development, whether the development would jeopardise delivery of public sewerage infrastructure and existing drainage problems within the area. Where a compelling case is made, a private system may be acceptable provided it does not pose or add risk of detrimental effect, including cumulative, to the natural and built environment, surrounding uses or amenity of the general area. Consultation with Scottish Environment Protection Agency will be undertaken in these cases.
Where a private system is deemed to be acceptable (within settlements as above or small scale development in the countryside) a discharge to land (either full soakaway or raised mound soakaway) compatible with Technical Handbooks (which sets out guidance on how proposals may meet the Building (Scotland) Regulations 2004) should be explored prior to considering a discharge to surface waters.
Policy EP11: Hazardous Sites
The Council will have regard to the presence of major hazard sites, and apply the PADHI (Planning Advice for Development near Hazardous Installations) methodology for planning applications within the consultation distances around these sites. Formal consultations with the Health and Safety Executive and also the Scottish Environment Protection Agency (SEPA) will take place as appropriate.
Policy EP12: Air Quality
Development proposals, which, individually or cumulatively, may adversely affect the air quality in an area to a level which could cause harm to human health and wellbeing or the natural environment must be accompanied by appropriate provisions (deemed satisfactory to the Council and Scottish Environment Protection Agency as appropriate) which demonstrate how such impacts will be mitigated.
Some existing land uses may have a localised detrimental effect on air quality, any proposals to locate development in the vicinity of uses and therefore introduce receptors to these areas (e.g. housing adjacent to busy roads) must consider whether this would result in conflict with the existing land use. Proposals which would result in an unacceptable conflict with existing land use and air quality will not be approved.
Policy ER1: Renewable Energy Proposals
All Renewable Energy Proposals
All renewable energy proposals will be considered favourably where they meet the following criteria: i) They are compatible with policies to safeguard and enhance the built and natural environment ii) They do not result in the permanent loss or damage of agricultural land iii) They avoid or address any unacceptable significant adverse impacts including:
• Landscape and visual impacts • Noise impacts • Electromagnetic disturbance • Impact on watercourse engineering • Impact on peat land hydrology • Electromagnetic disturbance • Impact on watercourse engineering • Traffic Impact • Ecological Impact • Impact on tourism and recreational interests
Onshore wind turbines
In addition to the assessment of impact outlined above the following considerations will apply: a) The Spatial Framework
Areas of Significant Protection*: where the council will apply significant protection and proposals will only be appropriate in circumstances where any significant effects on the qualities of these areas can be substantially overcome by siting, design and other mitigation.
Areas with Potential: where the council is likely to support proposals subject to detailed consideration.
* This protection will also apply to areas with carbon rich soils, deep peat and priority peatland habitat. This constraint is not currently included on the spatial strategy mapping but will be addressed through Supplementary Guidance once the relevant data becomes available. b) Detailed Consideration
The proposal will be determined through assessment of the details of the proposal, including its benefits, and the extent to which it avoids or mitigates any unacceptable significant adverse impact. Detailed assessment** of impact will include consideration of the extent to which:
Landscape and visual impact:
• The proposal addresses the Guidance set out in the Moray Windfarm Landscape Capacity Study • The landscape is capable of accommodating the development without significant detrimental impact on landscape character or visual amenity • The proposal is appropriate to the scale and character of its setting, respects the main features of the site and the wider environment and addresses the potential for mitigation.
Cumulative Impact
• Any detrimental impact from two or more wind energy developments and the potential for mitigation is addressed.
Impact on local communities
• The proposal addresses any detrimental impact on communities and local amenity including the impacts of noise, shadow flicker, visual dominance and the potential for associated mitigation.
Other
• The proposal addresses any impacts arising from location within an area subject to potential aviation and defence constraints including flight paths and aircraft radar. • The proposal avoids or adequately resolves other impacts including on the natural and historic environment, cultural heritage, biodiversity; forest and woodlands; and tourism and recreational interests- core paths, visitor centres, tourist trails and key scenic routes. • The proposal addresses any physical site constraints and appropriate provision for decommissioning and restoration.
** Further detail on the above assessment process will be addressed through supplementary guidance to include: • Peat mapping once this becomes available • Detailed mapping of constraints • Guidance on areas with greatest potential for small/medium and large scale wind farms.
Biomass
Proposals for the development of commercial biomass facilities will be supported if the following criteria are met.
• Proposals should confirm which form of biomass will fuel the plant and if a mixture of biomass is proposed then what percentage split will be attributed to each fuel source.
• Proposals can demonstrate that they have taken account of the amount of supply fuel over the life of the project.
• When considering woody biomass proposals the scale and location of new development is appropriate to the volume of local woodfuel available.
• The location must have suitable safe access arrangements and be capable of accommodating the potential transport impacts within the surrounding roads network.
• A design statement should be submitted, which should include photomontages from viewpoints agreed by the Council.
• There should be a locational justification for proposals outwith general employment land designations. The proposed energy use, local heat users and connectivity of both heat users and electricity networks should be detailed. Proposals which involve potential or future heat users will not be supported unless these users can be brought online in conjunction with the operation of the plant.
• Details of the predicted energy input and output from the plant demonstrating the plant efficiency and utilisation of heat should be provided.
• Where necessary appropriate structural landscaping must be provided to assist the development to integrate sensitively.
• The criteria set out in relation to other renewables should also be met.
The Council will consult with the Forestry Commission Scotland (FCS) to help predict potential woodfuel supply projections in the area.
Policy ER2: Development in Woodlands
All woodlands
Development which involves the loss of woodlands will be refused where the development would result in unacceptable adverse effects on the amenity, landscape, biodiversity, economic or recreational value of the woodland or prejudice the management of the forest. Woodland removal will only be supported where it can be demonstrated that the impact on the woodland is clearly outweighed by social or economic benefits of national, regional and local importance, and if a programme of proportionate compensatory planting has been agreed with the Planning Authority.
Protected Woodlands
Woodland removal within native woodlands, ancient semi natural and woodlands within sites protected under the terms of policies E1 and E2 will not be supported.
Tree surveys and new planting
Development proposals must take account of the Council's Trees and Development supplementary guidance. The Council will require the provision of compensatory planting to mitigate the effects of woodland removal.
Where appropriate the Council will seek opportunities to create new woodland and plant native trees in new development proposals. If a development would result in the severing or impairment of connectivity between important woodland habitats, mitigation measures should be identified and implemented to support the wider green network.
Policy T5: Parking Standards
Proposals for development must conform with the Council's current policy on parking standards.
Policy T7: Safeguarding & Promotion of Walking, Cycling, & Equestrian Networks
The Council will promote the improvement of the walking, cycling, and equestrian networks within Moray. Priority will be given to the paths network including Core Paths and the wider Moray Paths Network. There are several long distance routes that cross Moray including the Speyside Way, Dava Way, Moray Coastal Trail and Aberdeen to Inverness National Cycle Route.
Development proposals that would have an unacceptable impact on access rights, core paths, rights of way, long distance routes and other access routes that cannot be adequately mitigated will not be permitted. Where a proposal will affect any of these, proposals must:
• incorporate the route within the site layout and the routes amenity value must be maintained or enhanced; or
• provide alternative access that is no less attractive and is safe and convenient for the public to use.
Policy IMP1: Developer Requirements
New development will require to be sensitively sited, designed and serviced appropriate to the amenity of the surrounding area. It should comply with the following criteria a) The scale, density and character must be appropriate to the surrounding area. b) The development must be integrated into the surrounding landscape c) Road, cycling, footpath and public transport must be provided at a level appropriate to the development. Core paths; long distance footpaths; national cycle routes must not be adversely affected. d) Acceptable water and drainage provision must be made, including the use of sustainable urban drainage systems (SUDS) for dealing with surface water. e) Where of an appropriate scale, developments should demonstrate how they will incorporate renewable energy systems, and sustainable design and construction. Supplementary Guidance will be produced to expand upon some of these criteria. f) Make provision for additional areas of open space within developments. g) Details of arrangements for the long term maintenance of landscape areas and amenity open spaces must be provided along with Planning applications. h) Conservation and where possible enhancement of natural and built environmental resources must be achieved, including details of any impacts arising from the disturbance of carbon rich soil. i) Avoid areas at risk of flooding, and where necessary carry out flood management measures. j) Address any potential risk of pollution including ground water contamination in accordance with recognised pollution prevention and control measures. k) Address and sufficiently mitigate any contaminated land issues l) Does not sterilise significant workable reserves of minerals or prime quality agricultural land. m) Make acceptable arrangements for waste management.
Policy IMP2: Development Impact Assessments
The Council will require applicants to provide impact assessments in association with planning applications in the following circumstances: a) An Environmental Assessment (EA) will be required for developments that are likely to have significant environmental affects under the terms of the regulations. b) A Transport Assessment (TA) will be sought where a change of use or new development is likely to generate a significant increase in the number of trips being made. TAs should identify any potential cumulative effects which would need to be addressed. Transport Assessments should assess the effects the development will have on roads and railway infrastructure including stations and any crossings. Transport Scotland (Trunk Roads) and Network Rail (Railway) should be consulted on the scoping of Transport Assessments. Moray Council's Transportation Service can assist in providing a screening opinion on whether a TA will be sought. c) In order to demonstrate that an out of centre retail proposal will have no unacceptable individual or cumulative impact on the vitality and viability of the identified network of town centres, a Retail Impact Assessment will be sought where appropriate. This may also apply to neighbourhood shops, ancillary retailing and recreation/tourism retailing. d) Where appropriate, applicants may be asked to carry out other assessments (e.g. noise; air quality; flood risk; drainage; bat; badger; other species and habitats) in order to confirm the compatibility of the proposal.
Policy IMP3: Developer Obligations
Contributions will be sought from developers in cases where, in the Council's view, a development would have a measurable adverse or negative impact upon existing infrastructure, community facilities or amenity, and such contributions would have to be appropriate to reduce, eliminate or compensate for that impact.
Where the necessary contributions can be secured satisfactorily by means of planning conditions attached to a planning permission, this should be done, and only where this cannot be achieved, for whatever reason, the required contributions should be secured through a planning agreement.
The Council will prepare supplementary guidance to explain how the approach will be implemented in accordance with Circular 3/2012 on Planning Obligations. This will detail the necessary facilities and infrastructure and the scale of contributions likely to be required.
In terms of affordable housing, developments of 4 or more units will be expected to make a 25% contribution, as outlined in policy H8.
Keith CAT: Countryside Around Towns
The area immediately outwith the settlement boundary is designated as Countryside Around Towns (CAT), and will act as a form of "green belt" around the town. Development within the CAT will be restricted to maintain a clear town/countryside distinction.