THE MORAY COUNCIL · THE MORAY COUNCIL MINUTE OF MEETING OF THE PLANNING & REGULATORY SERVICES...

THE MORAY COUNCIL

MINUTE OF MEETING OF THE PLANNING & REGULATORY SERVICES COMMITTEE

TUESDAY 9 OCTOBER 2012

COUNCIL OFFICE, ELGIN Present Councillors D. Ross (Chair), C. Tuke, G. Alexander, J. Allan, J. Divers, M. Howe, M. McConachie, G. McDonald, F. Murdoch, and P. Paul. Apologies Apologies for Absence were intimated on behalf of Councillors S. Cree, G. Leadbitter and A. Wright. In Attendance The Corporate Director (Environmental Services) (from Item 6 on the Agenda), the Head of Development Services, Mrs B. Smith, Acting Manager (Development Management), Mr N. MacPherson and Mr A. Burnie, Principal Planning Officers (Development Management), Mr M. Cross, Principal Planning Officer (Development Plans), Mrs D. Anderson and Mr J. Killeen, Engineers (Transport Development), Mr J. McLennan, Principal Environmental Health Officer, Mr D. Caldwell, Environmental Health Officer, Mrs A. Scott, Legal Services Manager (Property & Contracts) and Mr D. Westmacott, Committee Services Officer as Clerk to the Meeting.

1. ORDER OF BUSINESS The meeting noted that planning application 12/00677/APP for full planning permission for the installation of 1 x 36 metre hub height wind turbine (rotor diameter 33m) on Glenernie, Dunphail, Forres had been withdrawn from the agenda following a request from the applicant.

2. DECLARATION OF GROUP DECISIONS Councillor F Murdoch declared an interest, as an anti-wind farm campaigner, in planning applications 12/00543/APP, 12/00928/APP, 12/01099/APP, 12/01165/APP and 10/00334/APP respectively. Councillor Murdoch also declared an interest, as the Moray Council representative on the Cairngorms National Park Authority, in Item 8 “Planning Enforcement – Benchmarking” and Item 10 “Planning Fees – Cairngorms National Park Authority” but noted that following advice from the Legal Adviser to the Committee, she would partake in consideration of the Item. Councillor Divers declared a personal interest in planning application 11/00800/APP. There were no other declarations from group leaders or spokespersons in regard to any prior decisions taken on how members will vote on any item on the Agenda nor any declarations of Members Interest in respect of any item on the Agenda.

3. WRITTEN QUESTIONS There were no written questions.

4. PLANNING APPLICATIONS SPEYSIDE GLENLIVET: WARD 1 (a) 12/00543/APP

INSTALL A 330KW WIND TURBINE (ROTOR DIAMETER 33.4M) AT AUCHMADIES FARM, CRAIGELLACHIE FOR J A C RIACH

Councillor Murdoch, having declared an interest in this planning application, left the meeting, taking no part in the relevant discussion or decision. There was submitted a report by the Appointed Officer recommending that, for reasons detailed in the report, full planning permission be refused in respect of an application for the erection of a 330kw wind turbine (rotor diameter 33.4m) at Auchmadies Farm, Craigellachie for J A C Riach. During discussions, Councillor McConachie moved that, on the grounds that proposals complied with policies 2 (l) and (k) of the Moray Structure Plan 2007, policies ER1, IMP1 and EP8 of the Moray Local Plan 2008, full planning permission be granted, subject to the body of the structure being coloured green and an agreement be sought with the local community for community benefit. Following clarification from Officers on setting conditions regarding community benefits, Councillor McConachie agreed to withdraw the proposed condition that an agreement be sought with the local community for community benefit.

ADJOURNMENT OF MEETING In terms of Standing Order 25, the Meeting agreed to a short adjournment at 9.45am to allow for a technical difficulty with the sound system to be fixed.

RESUMPTION OF MEETING Present Councillors D. Ross (Chair), C. Tuke, G. Alexander, J. Allan, J. Divers, M. Howe, M. McConachie, G. McDonald, F. Murdoch, and P. Paul. Apologies Apologies for Absence were intimated on behalf of Councillors S. Cree, G. Leadbitter and A. Wright. In Attendance The Corporate Director (Environmental Services) (from Item 6 on the Agenda), the Head of Development Services, Mrs B. Smith, Acting Manager (Development Management), Mr N. MacPherson and Mr A. Burnie, Principal Planning Officers (Development Management), Mr M. Cross, Principal Planning Officer (Development Plans), Mrs D. Anderson and Mr J. Killeen, Engineers (Transport Development), Mr J. McLennan, Principal Environmental Health Officer, Mr D. Caldwell, Environmental Health Officer, Mrs A. Scott, Legal Services

Manager (Property & Contracts) and Mr D. Westmacott, Committee Services Officer as Clerk to the Meeting.

4. PLANNING APPLICATIONS SPEYSIDE GLENLIVET: WARD 1 (a) 12/00543/APP

INSTALL A 330KW WIND TURBINE (ROTOR DIAMETER 33.4M) AT AUCHMADIES FARM, CRAIGELLACHIE FOR J A C RIACH

On resumption of the meeting, and following further discussions, the Chairman sought a seconder for Councillor McConachie’s motion. There being no seconder, Councillor McConachie’s motion fell and thereafter, the Committee agreed that full planning permission be refused on the grounds the proposal is contrary to policies 2 (l) and (k) of the Moray Structure Plan 2007, policies ER1, IMP1 and EP8 of the Moray Local Plan 2008 and as a material consideration the 2012 Moray Wind Energy Capacity Study for the following reasons:- 1. The proposed wind turbine, by virtue of its height and elevated position within a wide

sweeping valley and open setting, would appear as an overly prominent feature within the landscape, particularly when viewed from the surrounding countryside. Any visual impact in this regard would be exacerbated further by its central position in the valley, which is overlooked by numerous properties and to those travelling through the valley along the A95. As such the turbine would appear as an unduly prominent man-made structure that would fail to integrate sensitively with the landscape. The resultant impact would detrimentally affect the rural character of this part of the countryside to an unacceptable degree.

2. The proposed turbine taken together with the nearby operational/approved or

pending large turbines at Hill of Towie Wind Farm, Ardoch, Bodinfinnoch and 13 smaller turbines at various locations to the north, west and south would lead to an unacceptable cumulative impact both sequentially for those travelling along the A95 and 'Belnagarrow' roads and statically from various vantage points in the surrounding area. The resultant combined effect of these turbines would give rise to a landscape with a cluttered appearance (heightened further by the differing sizes and designs), detrimentally affecting its rural character to an unacceptable degree.

3. Insufficient information in relation to noise emissions from the proposed turbine,

background noise levels and cumulative noise levels in conjunction with the two nearby consented turbines to the north (11/00995/APP) has been submitted to adequately demonstrate that the proposal will not cause unacceptable noise disturbance to surrounding residential properties. In the absence of this information the Council is unable to satisfactorily determine whether the site of the proposed turbine is acceptable in accordance with policies 2 (k), ER1, IMP1 and EP8.

(b) 12/01211/APP

PROPOSED NEW TRIPLE CELL BONDED WAREHOUSE AT GROUND TO THE WEST OF WAREHOUSES 43-6 ON GROUND TO WEST OF WAREHOUSES 43-6 BALVENIE DISTILLERY, DUFFTOWN FOR WM GRANT AND SONS LIMITED

Councillor Murdoch rejoined the meeting. There was submitted a report by the Appointed Officer recommending that, subject to conditions detailed in the report, full planning permission be granted in respect of an application for proposed new triple cell bonded warehouse at ground to west of warehouses 43-6 on ground to west of warehouses 43-6 Balvenie Distillery, Dufftown for Wm Grant and Sons Limited. Following consideration, the Committee agreed to grant full planning permission, subject to the following conditions and informatives:- 1. Prior to the commencement of works, a surface water drainage scheme for the site

shall be submitted to and approved by the Planning Authority (in consultation with the Flood Risk Management Team, SEPA and Scottish Water). The drainage scheme shall include:-

(a) details of a suitably designed SUDS system (as outlined in the

accompanying SUDS Drainage, Fire Water and Spill Mitigation Strategy prepared by JIG Ltd, dated April 2012 and the approved drawings);

(b) plans and details of the SUDs features including the 1 in 200 year flow path such that development does not increase flood risk to neighbouring properties; and

(c) a construction phase surface water management plan.

The approved SUDs system shall be installed and operational prior to occupation of the building or completion of building works whichever is the sooner.

2. Within 2 months of completion of the development, as-built drawings of the installed

SUDs system shall be submitted in an acceptable format to the Senior Engineer (Flood Risk Management Team).

3. At least 2 months prior to the commencement of any works, a full site specific

environmental management plan (EMP) must be submitted for the written approval of the planning authority (in consultation with SEPA and SNH) and all work shall be carried out in accordance with the subsequently approved plan.

4. In respect of the proposed re-routing of part of core path IW06, known as 'Jubliee

Path', as shown in drawing no. 2 rev c, no development shall commence until evidence has been submitted demonstrating that formal diversion procedures under the terms of Section 208 of the Town and Country Planning (Scotland) Act 1997 have been concluded.

5. The developer shall secure the implementation of an archaeological watching brief,

to be carried out by an archaeological organisation acceptable to the Aberdeenshire Council Archaeology Service on behalf of the Moray Council (as Planning Authority) during any groundbreaking and development work. The retained archaeological organisation shall be afforded access at all reasonable times and allowed to record and recover items of interest and finds. Terms of Reference for the watching brief will be supplied by the Aberdeenshire Council Archaeology Service. The name of the archaeological organization retained by the developer shall be given to the planning

authority and to the Aberdeenshire Council Archaeology Service in writing not less than 14 days before development commences.

6. That all planting, seeding or turfing forming part of the approved landscape scheme

shall be carried out in the first planting which shall be native species and seeding seasons following the occupation of the building or the completion of the building works, whichever is the sooner. Any trees or plants which (within a period of 5 years from the planting) die, are removed or become seriously damaged or diseased shall be replaced in the following planting season with others of similar size, number and species unless this Council (as Planning Authority) gives written consent to any variation of this planning condition.

7. No development shall commence until a scheme detailing:-

(a) the volume and precise location of excavated material (arising from the proposed excavation works) to be stored; and

(b) the proposals and timescales for the removal of said excavated material

from the area identified at the north end of the approved site plan, has been submitted to and approved by the Moray Council (as Planning Authority) in consultation with SEPA. All storage of the excavated material from the site shall be in accordance with the approved scheme.

8. Prior to any development works commencing, a Construction Traffic Management

Plan shall be submitted to and approved in writing by the Moray Council (as Planning Authority) in consultation with the Transportation Section (as Roads Authority), which shall include proposals for the road signage to direct construction traffic to the development access on the A941 Elgin-Dufftown Road and deter construction traffic from using the U93H Balvenie Road.

9. Prior to any development works commencing:-

(a) a detailed drawing (scale 1:250) showing the proposals for the removal of the existing access onto the U93H Balvenie Road shall be submitted to and approved in writing by the Moray Council (as Planning Authority) in consultation with the Transportation Section (as Roads Authority); and

(b) thereafter the access shall be removed in accordance with the approved

drawing prior to any development works commencing (except for those works associated with the removal of the access).

Reasons:- 1. In order to ensure that surface water from the development is dealt with in a

controlled manner that avoids flooding and pollution. 2. To comply with the Flood Risk Management (Scotland) Act 2009. 3. To control pollution of air, land and water. 4. To ensure that formal diversion procedures are followed in accordance with Section

208 of the Town and Country Planning (Scotland) Act 1997 and to maintain access.

5. To record items of archaeological interest. 6. In order to ensure that the approved landscaping works are timeously carried out

and properly maintained in a manner which will not adversely affect the development or amenity and character of the area.

7. To ensure that the storage remains temporary in nature to protect the floodplain

storage capacity in this area in the long term. 8. To ensure acceptable development in the interests of road safety, in accordance

with 2008 Moray Local Plan Policy T2. 9. To ensure acceptable development in the interests of road safety, in accordance

with 2008 Moray Local Plan Policy T2. List of Informatives:- THE BUILDING STANDARDS MANAGER, has commented that:-

A Building Warrant will be required for the proposals. Should you require further assistance please do not hesitate to contact Building Standards, Environmental Services Department, Council Office, High Street, ELGIN IV30 1BX or by telephoning 01343 563243. THE ENVIRONMENTAL HEALTH MANAGER, DEVELOPMENT SERVICES, has commented that:- The premises will require to comply with the Health and Safety at Work etc Act 1974 and the Workplace (Health, Safety and Welfare) Regulations 1992. Responsibility for enforcing health and safety in these particular premises rests with the Health and Safety Executive, Lord Cullen House, Fraser Place, Aberdeen. THE TRANSPORTATION MANAGER, DIRECT SERVICES, ACADEMY STREET, ELGIN has commented that:- The applicant is obliged to apply for a road opening permit in accordance with Section 85 of the Roads (Scotland) Act 1984. Advice on this matter can be obtained by emailing [email protected] and reference to the following page on the Council web site Road Opening: http://www.moray.gov.uk/moray_standard/page_79860.html Public utility apparatus may be affected by this proposal. Contact the appropriate utility service in respect of any necessary utility service alterations which have to be carried out at the expense of the developer. No building materials/scaffolding/builder's skip shall obstruct the public road (including footpaths) without permission from the Roads Authority. No retaining structures or embankments shall be constructed along the edge of the road, whether retaining the public road or ground adjoining the public road without prior consultation and agreement of the Roads Authority. MANAGER (DEVELOPMENT MANAGEMENT) has commented that:-

mailto:[email protected]

http://www.moray.gov.uk/moray_standard/page_79860.html

Your attention is drawn to the attached consultation response from SEPA which contains advice in relation to flood risk, drainage, Pollution Prevention and Environmental Management and Control of Major Accidents and Hazards (COMAH). It is noted that the proposal will change the quantity of hazardous material held at site and the location of the substance and this is likely to require consequent changes to the site Hazardous Substances Consent. KEITH AND CULLEN: WARD 2 (c) 12/00834/APP

ELECTRICITY SUBSTATION EXPANSION AT BLACKHILLOCK SUB STATION, KEITH FOR SSE

There was submitted a report by the Appointed Officer recommending that, subject to conditions detailed in the report, full planning permission be granted in respect of an application for electricity substation expansion at Blackhillock Sub Station, Keith for SSE. During discussions, Councillor Tuke moved to grant planning permission, as recommended, subject to the conditions detailed in the report. Following further discussions, Councillor Ross, as an amendment, moved that the Committee grant planning permission, as recommended, subject to the conditions detailed in the report and refer the application to the Community Benefit Funds Working Party to investigate what community benefit opportunities for Moray were available as a result of this proposal. Councillor Tuke withdrew his motion, and with no one otherwise minded, the Committee agreed to:-

(i) grant full planning permission subject to the following conditions and informatives:- 1. The proposed route for any abnormal loads on the trunk road network must be

approved by the trunk roads authority and / or its Operating Company prior to the event. Any accommodation measures required including the temporary removal of street furniture, junction widening, traffic management etc must similarly be approved.

2. Any additional signing or temporary traffic control measures deemed necessary due

to the size or length of the loads being delivered must be undertaken by a recognised Quality Assured traffic management consultant, to be approved by Transport Scotland and / or its Operating Company before delivery commences.

3. Prior to commencement of any works, a full site environmental management plan

shall be submitted for the written approval of the planning authority, in consultation with SEPA, and all work shall be carried out in accordance with the said plan.

4. Prior to the commencement of any works, a full site specific drainage scheme shall

be submitted for the written approval of the planning authority, in consultation with SEPA, and all work shall be carried out in accordance with the said scheme. The scheme must include details relating the methods for the collection and treatment of all surface water runoff on site using sustainable drainage principles.

5. Prior to commencement of works on site a scheme shall be submitted for the written approval of the planning authority, in consultation with SEPA, detailing the management of soils on site during the construction phase. This must include volumes of soil to be stored, locations, details of the storage proposals and details of the mitigation to reduce pollution risks to surface and groundwater from soil storage.

6. Unless otherwise agreed in writing with the Moray Council (as Planning Authority)

the proposed temporary site compound adjacent to Little Gibston does not form part of this planning consent.

7. The landscaping and planting schemes must be carried out in accordance with

Section 9.8 Mitigation of the Environmental Statement submitted in support of this application.

8. All planting as specified on the approved drawing Fig 8.1 entitled Proposed

Landscape Plan and Mitigation Measures shall be carried out in the first planting and seeding seasons following the completion of the building works. Any trees or plants which (within a period of 5 years from the planting) die, are removed or become seriously damaged or diseased shall be replaced in the following planting season with others of similar size, number and species unless this Council (as Planning Authority) gives written consent to any variation of this planning condition.

9. Prior to the commencement of development, a detailed survey of the chosen route

for delivery shall be carried out to determine the locations of structures (e.g. bridges) and street furniture affected by any construction and abnormal load vehicle movements. The applicants shall discuss and agree any roads improvements/strengthening required as a result of the survey prior to any movements of any construction and abnormal load traffic.

10. Construction and delivery traffic shall use the routes identified in the Environmental

Statement submitted. For the avoidance of doubt these are the A96 (T) and the U43H Blackhillock Road. The U43a Rosehall Road shall not be used for construction or delivery traffic.

11. Prior to the commencement of development a Traffic Management Plan must be

submitted and approved by the Moray Council Transportation Section. Details must include the methods of dealing with the large and/or abnormal delivery vehicles, vehicle swept path analysis and the methods of marshalling and manoeuvring at junctions on the public road network. Due to the length of the construction a programme for monitoring and provisions for interim maintenance to be undertaken to ensure safe and suitable access is maintained for the construction access routes for the duration of the works will be required.

12. An abnormal load trial run must be undertaken prior to the commencement of

construction and deliveries to identify any restrictions not previously addressed and the frequency and location of abnormal load passing places/oncoming vehicle holding areas. Representatives from Moray Council Transportation (Traffic), the Trunk Road Authority, Grampian Police and any other roads authorities where roads will form part of the route of the delivery must be invited to the trial run.

13. The applicant must run 'before and after' condition video surveys of the proposed

delivery and construction traffic routes, provide a copy of the survey to Moray Council Transportation (Traffic) and make good any damage which may be caused

to the road network, including the verge, as a result of the construction traffic and passing vehicles.

14. Detailed drawings of all construction accesses onto the public road shall be provided

to and approved by the Council (as Planning Authority) in consultation with the Moray Council Transportation Section prior to development commencing. The drawings must demonstrate the provision and control of appropriate visibility splays at each proposed construction access along with any works required to facilitate and improve the necessary visibility splays.

15. The new access junction onto the U43H Blackhillock Road shall have visibility splays

of 4.5m x 120m. A temporary speed limit, restricting vehicle speeds to 40 mph, shall be in operation at the access location for the duration of the construction and decommissioning periods of the electricity sub-station. The full details of the temporary Road Traffic Order required for temporary speed limit shall be agreed with Moray Council Transportation (Traffic).

16. The new access shall be kerbed to a minimum radius of 15m using 254mm x

127mm h.p.c.c. kerbs. 17. The proposed new access shall be constructed in accordance with The Moray

Council standards for a minimum distance of 30m or the length of the longest vehicle and load, whichever is greater, and surfaced using Hot Rolled Asphalt.

18. A design must be submitted for the widening of the 50m section length of the U43H

Blackhillock Road (25m either side of the centreline of the new access junction must be widened to at least 6.0m and surfaced with Hot Rolled Asphalt over the entire 50m section of the U43H Road). The widening of the road must be constructed in accordance with the approved plans prior to the commencement of works at the Electricity Convertor Station site.

19. Prior to the commencement of construction the diversion routes for local footpaths

and cycleways during the construction period shall be agreed with Moray Council Planning (Core Paths). All signage associated with the diversion routes shall be agreed with Moray Council.

20. Suitably located, inter-visible passing places and on-coming vehicle holding areas to

accommodate construction traffic, abnormal load delivery vehicles and on-coming traffic shall be provided along the U43H Blackhillock Road, between the A96/ U43H Blackhillock Road junction and the site access junction, on ground over which the applicant has or can obtain control at location(s) agreed with and constructed in accordance with The Moray Council specification.

21. Only single abnormal loads shall be transported along the U43H Blackhillock Road

between the A96 and the site. A holding area for the other vehicles in the convoy shall be provided near the A96/U43H junction on ground over which the applicant has or can obtain control at location(s) agreed with by Moray Council Transportation (Traffic) and constructed in accordance with The Moray Council specification.

22. Verge hardening shall be undertaken at any locations determined by the vehicle

swept path analysis and abnormal load trial run to accommodate the wide turning circle of the abnormal load vehicles transporting sub-station components over the areas determined within the Traffic Management Plan. Any dropped kerbs required

must be installed during the construction period to enable over running onto the hardened verge.

23. No water shall be permitted to drain or loose material be carried onto the public

footway/carriageway. 24. Any existing ditch, watercourse or drain under any access or passing place or

holding area shall be re-routed or piped using a suitable diameter of pipe, in agreement with the Moray Council Transportation (Roads Maintenance Manager). Any pipe shall be laid to a self-cleansing gradient.

25. Unless otherwise agreed with Council (as Planning Authority) the existing forestry

tracks within the western boundary shall remain accessible to the public until a suitable diversion ensuring access to Cairds Wood is constructed and available for public use.

26. Noise emissions associated with the development shall be suitably mitigated to

ensure the external sound pressure level of 35dBA is not exceeded at the nearest noise sensitive property, and that the octave band values in table 12.13 of the associated Environmental Statement is not exceeded at 65 Hz and 125 Hz.

27. Noise emissions associated with the development between the night hours of 2300

to 0700 hours shall not exceed Noise Rating Curve (NR) 20, as determined within the bedroom of a noise sensitive property with the external window moderately ajar. This limit would apply for a minimum duration of 5 minutes within any night-time period.

Reasons:- 1. To maintain safety for both Trunk Road traffic and the traffic moving to and from the

development. To ensure that the transportation will not have any detrimental effect on structures within the route path.

2. To minimise interference with the safety and free flow of the traffic on the Trunk

Road Network. 3. To prevent pollution of the water environment and to minimize and prevent mineral

waste on site. 4. To prevent pollution of the water environment. 5. In the interests of pollution prevention. 6. In order to avoid any ambiguity regarding the terms of this consent. 7. In order to ensure that the approved landscaping works are timeously carried out


8. In order to ensure that the approved landscaping works are timeously carried out


9. To ensure acceptable infrastructure to enable access to the development and development that does not create any hazard to road users in the interests of road safety, in accordance with 2008 Moray Local Plan Policy T2.

10. To ensure acceptable development in the interests of road safety, in accordance

with 2008 Moray Local Plan Policy T2. 11. The provision of information currently lacking from the submission to ensure

acceptable development in the interests of road safety, in accordance with 2008 Moray Local Plan Policy T2.

12. The provision of information currently lacking from the submission in the interests of

road safety. 13. The provision of information currently lacking from the submission to ensure

acceptable infrastructure is provided in the interests of road safety, in accordance with 2008 Moray Local Plan Policy T2.

14. The provision of information currently lacking from the submission to ensure

acceptable infrastructure at the development access in the interests of road safety, in accordance with 2008 Moray Local Plan Policy T2.





17. To ensure acceptable infrastructure at the development access in the interests of

road safety, in accordance with 2008 Moray Local Plan Policy T2. 18. To ensure acceptable infrastructure at the development access in the interests of

road safety, in accordance with 2008 Moray Local Plan Policy T2. 19. The provision of information currently lacking from the submission to ensure



with 2008 Moray Local Plan Policy T2. 21. The provision of information currently lacking from the submission to ensure



with 2008 Moray Local Plan Policy T2. 23. To ensure acceptable development in the interests of road safety, in accordance

with 2008 Moray Local Plan Policy T2.

24. To ensure acceptable development in the interests of road safety, in accordance with 2008 Moray Local Plan Policy T2.

25. To ensure public access is maintained and to ensure no loss of amenity results from

the development. 26. In order that noise may be kept to a level compatible with neighbouring residential

amenity. 27. In order that noise may be kept to a level compatible with neighbouring residential

amenity and operations likely to generate noise are conducted outwith unsociable hours.

List of Informatives:- THE BUILDING STANDARDS MANAGER, has commented that:- A Building Warrant will be required for the proposals. Should you require further assistance please do not hesitate to contact Building Standards, Environmental Services Department, Council Office, High Street, ELGIN IV30 1BX or by telephoning 01343 563243. THE CONTAMINATED LAND SECTION has commented that:- The development proposals include the demolition of the existing sub-station. If significant unsuspected contamination is found during the demolition works then all work shall cease until an appropriate investigation to determine the nature, extent and potential impacts of the contamination has been undertaken and a remediation method statement agreed with The Council as Planning Authority. The RSPB have commented that:- Any work at the site should incorporate measures to avoid disturbance during the bird breeding season. The Forestry Commission would offer the following advice:- The applicant should contact the Forestry Commission further to agree what form and where compensatory planting will take place to offset the loss of woodland from the west side of the site. Advice on Scottish Government Policy on the Control of Woodland Removal (2009) can be obtained from the following web link: http://www.forestry.gov.uk/pdf/fcfc125.pdf/$FILE/fcfc125.pdf THE TRANSPORTATION MANAGER, DIRECT SERVICES, ACADEMY STREET, ELGIN has commented that:- The route recommended for the proposed abnormal loads is via the following roads within The Moray Council area:-

A96 - for which Transport Scotland will provide comments; and

U43H Blackhillock Road - from the A96/U43H junction to the proposed new site access at Blackhillock.

http://www.forestry.gov.uk/pdf/fcfc125.pdf/$FILE/fcfc125.pdf

The applicant was advised previously that the U43aH Rosehall Road must not be used by construction or delivery traffic. Prior to the commencement of deliveries or construction work a Section 96 Agreement under the Roads (Scotland) Act 1984 will be required to be approved between the developer and the roads Authority. This is to ensure that the costs to repair any damage to the public roads as a result of the construction work traffic are met by the applicant.

Transport Scotland must be consulted with respect to all deliveries proposed via the A96 (Trunk Road). The neighbouring Local Authorities, through which the delivery route may pass must also be consulted. Planning consent does not carry with it the right to construct a new road or any part of a road. In accordance with Section 21 of the Roads (Scotland) Act 1984 Construction Consent for new roads (includes passing places, modified junctions and footpaths) that will form part of the public road will be required. Advice on this matter can be obtained by emailing [email protected] and reference to the following pages on the Council web site: Checklist: http://www.moray.gov.uk/downloads/file68812.pdf RCC: http://www.moray.gov.uk/moray_standard/page_65638.html Specification: http://www.moray.gov.uk/downloads/file68813.pdf The applicant is obliged to apply for a road opening permit in accordance with Section 85 of the Roads (Scotland) Act 1984. Advice on this matter can be obtained by emailing [email protected] and reference to the following page on the Council web site Road Opening: http://www.moray.gov.uk/moray_standard/page_79860.html Public utility apparatus may be affected by this proposal. Contact the appropriate utility service in respect of any necessary utility service alterations which have to be carried out at the expense of the developer. If required, street furniture will need to be repositioned at the expense of the developer. In addition any existing roadside ditch may require a pipe or culvert. Advice on these matters can be obtained by emailing [email protected] No building materials/scaffolding/builder's skip shall obstruct the public road (including footpaths) without permission from the Roads Authority. The applicants shall be responsible for any necessary diversion of any utilities or drainage present at the locations where works are to be undertaken. The applicants shall meet all costs of improvements to the road infrastructure, which are required as a result of the development. The applicants shall meet all costs of removal and re-erection of road signage, which are required as a result of the delivery of the abnormal loads. The applicants shall meet all costs of diverting any footpath or cycleway during the construction period, including signage.


http://www.moray.gov.uk/downloads/file68812.pdf






The applicant shall be responsible for ensuring that surface/ground water does not run from the public road into his property. The applicants shall free and relieve the Roads Authority from any claims arising out of his operations on the road or extension to the road. No retaining structures or embankments shall be constructed along the edge of the road, whether retaining the public road or ground adjoining the public road without prior consultation and agreement of the Roads Authority. The Transportation Manager must always be contacted before any works commence. This includes any temporary access, which should be agreed with the Roads Authority prior to work commencing on it. Bridges and Structures - The developer must contact Neil Fotheringham, Senior Engineer Moray Council Consultancy at Academy Street, Elgin - Tel (01343) 562542 to discuss the proposals. Traffic Management Plan - The developer must contact Andy Duff, Senior Engineer Traffic Section at Academy Street, Elgin - Tel (01343) 562537 to discuss the proposals. Roads Drainage - The developer must contact the Roads Authority Roads Maintenance Manager (East) at Ashgrove Depot, Elgin - Tel (01343) 557300, Ext 7325 to discuss the proposals. A programme for the works associated with the laying of the cable, including the timing of any temporary road closure to facilitate the opening of any road, should be submitted to Moray Council Transportation (Traffic). A scheme for appropriate road signs at the proposed access junction should be submitted for approval by Moray Council Transportation (Traffic). Dedicated parking areas should be provided during construction to prevent vehicles parking on the public road verge, the locations of which shall be agreed with Moray Council Transportation. MANAGER (DEVELOPMENT MANAGEMENT) has commented that:- Advice and best practice from SEPA previously copied to the applicant within their letter dated 23rd July 2012 should be taken into consideration while developing the site. THE ENVIRONMENTAL HEALTH MANAGER, has commented that:- Noise and vibration emissions associated with the construction phase shall be suitably controlled having regard to BS 5288:1 and 2 (2009); and

(ii) refer the approved application to the Community Benefit Funds Working Party to investigate what community benefit opportunities for Moray were available as a result of this proposal.

(d) 12/00928/APP

ERECT TURBINE (34 METRE ROTOR DIAMETER) AT SITE AT LANGLANBURN, DESKFORD, BUCKIE

Councillor Murdoch, having declared an interest in this planning application, left the meeting, taking no part in the relevant discussion or decision. There was submitted a report by the Appointed Officer recommending that, for reasons detailed in the report, full planning permission be refused in respect of an application for the erection of a turbine (34 metre rotor diameter) at site at Langlanburn, Deskford, Buckie for Mr Ian Strathdee. During discussions, Councillor Paul, seconded by Councillor Ross, moved that the Committee agree to grant planning permission, subject to standard conditions, on the grounds that the proposal complies with the relevant policies of the Moray Development Plan as the proposal will not be a prominent feature due to the woodland surrounding area and as such will integrate with the landscape. There being no one otherwise minded, the Committee agreed to grant full planning permission, subject to the following conditions and informatives:- 1. This permission is for a period of 25 years from the date when electricity is first

exported from the wind turbine to the electricity grid (“First Export Date”), and written confirmation of the First Export Date shall be provided to the Council as planning authority within one month of the First Export Date. Within 6 months of the expiry of the 25 year period the wind turbine and any ancillary equipment shall be dismantled to ground level and removed from the site and the land shall be restored in accordance with a scheme to be submitted to and agreed in writing by the Council, as planning authority not less than one month prior to the expiry of the planning permission hereby granted.

2. This permission relates solely to the installation of a Turbowind T400-34 wind turbine

model, as detailed within the supporting documents accompanying this application, unless otherwise agreed by the Planning Authority.

3. The wind turbine operator shall log wind speed and wind direction data continually

and shall retain the data, which has been obtained for a period of no less that the previous 12 months. The data shall include the average wind speed in metres per second for each 10 minute period. The wind speed and wind direction data shall be made available to the Planning Authority on request.

4. Noise arising from the wind turbine shall not exceed an LA90, 10 min of 35dB at the

nearest noise sensitive premises. This condition shall apply at wind speeds not exceeding 10ms-1, as measured at a height of 10m above ground level at the wind turbine and shall apply to dwellings (vacant or occupied) existing at the date of this Planning Permission. Should these noise levels be exceeded, the Wind Turbine operator shall take steps to ensure that noise emissions from the wind turbine is reduced to the aforementioned noise levels or less.

5. At the reasonable request of the Planning Authority, following a complaint to The

Moray Council relating to noise emission from the Wind Turbine, the wind turbine operator shall measure at its own expense the level of noise emissions from the Wind Turbine (inclusive of existing background noise) using an LA90 index over a minimum of 20 periods each of 10 minutes duration. At least 10 0f the periods of

measurement shall be made at wind speeds between wind speed specified by the Council and a wind speed not less than 2 metres per second below that specified by the Council. Measurements of noise emissions shall, as far as is practically possible, be made in consecutive 10 minute periods provided that they fall within the wind speed range defined in this condition.

Where considered appropriate by The Planning Authority, the wind turbine operator

will be required to carry out an assessment for tonal noise in accordance with the procedure recommended in Chapter 6 of the document "The Assessment and Rating of Noise from Wind Farms (ETSU-R-97)" i.e. the procedure based on the Joint Nordic Method. Where the tone level above audibility is greater than 2dB a tonal penalty shall be applied to permitted noise levels, in accordance with figure 16 of the document; so that the permitted levels specified in Condition 3 above will be reduced by the tonal penalty.

6. Measurements made in accordance with the provisions of conditions in order to

demonstrate compliance with the requirements of Condition 3 shall be correlated with wind speeds. The locations of monitoring shall be determined by or agreed with the Planning Authority.

7. At the request of the Planning Authority, following a complaint relating to shadow

flicker the Wind Turbine Operator shall investigate and instigate appropriate mitigation measures to minimise the effects of shadow flicker.

8. Prior to any development works commencing, a detailed survey of the chosen route

for delivery shall be carried out to determine the locations of structures (e.g. bridges) and street furniture affected by any construction and abnormal load vehicle movements. The applicants shall discuss and agree any roads improvements/strengthening required as a result of the survey prior to any movements of any construction and abnormal load traffic.

9. A Traffic Management Plan shall be provided to show the methods of dealing with

the large delivery vehicles. This plan shall include vehicle swept path analysis and the methods of marshalling and manoeuvring at junctions on the public road network.

10. Unless otherwise agreed in writing with the Planning Authority, an abnormal load trial

run must be undertaken prior to the commencement of construction and deliveries to identify any restrictions not previously addressed and the frequency and location of abnormal load passing places/oncoming vehicle holding areas. Representatives from neighbouring Local Authorities and Moray Council Transportation (Traffic), the Trunk Road Authority and Grampian Police must be invited to the trial run.

11. Prior to any development works commencing:-

(a) a detailed drawing (scale 1:200) showing the upgrading of the development access onto the public road to accommodate the delivery of the abnormal loads (to the Moray Council standards and specification), shall be submitted to and approved in writing by the Council, as Planning Authority in consultation with the Roads Authority; and

(b) thereafter the development access onto the public road shall be constructed in accordance with the approved drawing prior to any development works

commencing (except for those works associated with the upgrading of the development access onto the public road).

12. Prior to any development works commencing, the B9018 Keith-Cullen Road shall be surfaced in 40mm thick hot rolled asphalt over its full width for a distance of 30 metres either side of the access. A road opening permit must be obtained from The Moray Council Direct Services before carrying out this work.

13. Any existing ditch, watercourse or drain under the site access shall be piped using a

300mm minimum diameter of pipe. The pipe shall be laid to a self-cleansing gradient.


footway/carriageway. 15. The turbine shall be fitted with aviation lighting with 25 candela omni-directional red

lighting or infrared lighting with an optimised flash pattern of 60 flashes per minute of 200ms to 500ms duration at the highest practicable point of the turbine.

16. Before development begins written evidence must be submitted to the planning

authority which demonstrates that the applicant has submitted the following information to the Defence Estates MOD Safeguarding Officer ([email protected]), Safeguarding - Wind Energy, Defence Estates, Kingston Road, Sutton Coldfield, West Midlands, B75 7RL:-

• the date construction starts and ends;

• the maximum height of construction equipment; and

• the latitude and longitude of the turbine. 17. Where interference to domestic television reception is caused as a result of the

development hereby approved the developer shall take steps to make good the reception, either by eliminating the cause of the interference or by providing an alternative means by which television signals may be received. Within two weeks of being notified by the planning authority of the existence of such interference (or within a longer period as the planning authority may allow) the developer shall submit to the authority for its approval proposals to make good the reception, including a programme showing the time within which the proposals will be completed. The proposals shall be carried out in accordance with the terms on which they are approved.

18. Where interference to fixed link frequency bands is caused as a result of the

development hereby approved the developer that take steps to make good the reception, either by eliminating the cause of the interference or by providing an alternative means by which fixed link frequency band signals may be received. Within two weeks of being notified by the Council (as Planning Authority) of the existence of such interference (or within such longer period as the planning authority may allow) the developer shall submit to the Council for its approval proposals to make good the reception, including a programme showing the time within which the proposal shall be completed. The proposals shall be carried out in accordance with the terms on which they are approved by the Council.

Reasons:-


1. In order to ensure the timeous return of the site to its natural state or without prejudice re-consideration for an extended period of operation.

2. To protect local residents from noise from the turbines. 3. To protect local residents from noise from the turbines. 4. To protect local residents from noise from the turbines. 5. To protect local residents from noise from the turbines.

6. To protect local residents from noise from the turbines.

7. To protect the amenity of local residents.

8. To ensure acceptable infrastructure on the route to the development access in the interests of road safety, in accordance with 2008 Moray Local Plan Policy T2.

9. To ensure acceptable development in the interests of road safety, in accordance with 2008 Moray Local Plan Policy T2.

10. To ensure acceptable infrastructure on the route to the development access in the interests of road safety, in accordance with 2008 Moray Local Plan Policy T2.

11. To ensure acceptable infrastructure at the development access, in accordance with 2008 Moray Local Plan Policy T2.



14. To ensure acceptable development that does not create any hazard to road users in the interests of road safety, in accordance with 2008 Moray Local Plan Policy T2.

15. To ensure an acceptable form of development in the interests of military aviation and

radar, as advised by the Defence Infrastructure Organisation (Ministry of Defence). 16. To ensure an acceptable form of development in the interests of military aviation and

radar, as advised by the Defence Infrastructure Organisation (Ministry of Defence). 17. In order to ensure that an alternative means of obtaining a television reception can

be achieved and fixed promptly in the event of interference to domestic television reception occurring.

18. In order to ensure that an alternative means of maintaining fixed link frequency band

can be achieved and fixed promptly in the event of interference to existing fixed links occurring.

List of Informatives:-

THE TRANSPORTATION MANAGER, has commented that:- Planning consent does not carry with it the right to construct a new road or any part of a road. In accordance with Section 21 of the Roads (Scotland) Act 1984 Construction Consent for new roads (includes passing places, modified junctions and footpaths) that will form part of the public road will be required. Advice on this matter can be obtained by emailing [email protected] and reference to the following pages on the Council web site:- Checklist: http://www.moray.gov.uk/downloads/file68812.pdf RCC: http://www.moray.gov.uk/moray_standard/page_65638.html Specification: http://www.moray.gov.uk/downloads/file68813.pdf The applicant is obliged to apply for a road opening permit in accordance with Section 85 of the Roads (Scotland) Act 1984. Advice on this matter can be obtained by emailing [email protected] and reference to the following page on the Council web site Road Opening: http://www.moray.gov.uk/moray_standard/page_79860.html Public utility apparatus may be affected by this proposal. Contact the appropriate utility service in respect of any necessary utility service alterations which have to be carried out at the expense of the developer. If required, street furniture will need to be repositioned at the expense of the developer. In addition any existing roadside ditch may require a pipe or culvert. Advice on these matters can be obtained by emailing [email protected] No building materials/scaffolding/builder’s skip shall obstruct the public road (including footpaths) without permission from the Roads Authority. The applicant shall be responsible for ensuring that surface/ground water does not run from the public road into his property. The applicants shall free and relieve the Roads Authority from any claims arising out of his operations on the road or extension to the road. No retaining structures or embankments shall be constructed along the edge of the road, whether retaining the public road or ground adjoining the public road without prior consultation and agreement of the Roads Authority. THE CONTAMINATED LAND SECTION has commented that:- Your property has been identified as being in the vicinity of the following potential source of contamination:- Infilled mill dam and gravel pit on site, direction on the route of southern part of proposed access track as indicated on map group B and D. Map Group A 1868 - 1897 Ordnance Survey Maps Map Group B 1898 - 1906 Ordnance Survey Maps Map Group C 1930 - 1938 Ordnance Survey Maps Map Group D 1959 - 1971 Ordnance Survey Maps Map Group E 1969 - 1992 Ordnance Survey Maps Map Group F Present Day Ordnance Survey Maps








The Moray Council does not have information to confirm whether or not the ground has been contaminated, however it is recommended that you investigate this matter prior to proceeding with the proposed works. Should contamination be identified you should contact the Environmental Health section immediately and carry out agreed remediation works. For advice on researching/investigating a site, please visit the Council website at www.moray.gov.uk/ContaminatedLand. Alternatively you can contact the Environmental Health Section on 01343 563345 or by email to [email protected]. (e) 12/01099/APP

ERECTION OF WIND TURBINE (56 METRE ROTOR DIAMETER) ASSOCIATED ACCESS TRACK AND CRANE HARDSTANDING CONNECTION BUILDING AND CONSTRUCTION COMPOUND AT NETHERTON, KEITH FOR MR HAROLD DAVIDSON

There was submitted a report by the Appointed Officer recommending that, for reasons detailed in the report, full planning permission be refused in respect of an application for the erection of a wind turbine (56 metre rotor diameter) associated access track and crane hardstanding connection building and construction compound at Netherton, Keith. During discussions, the Chairman noted reference to Transport Scotland within the consultation response from the Transportation Section, and confirmed to the Committee that National Roads Directorate is an alternative name from Transport Scotland. Thereafter, the Committee agreed that a consistent approach to references of organisation’s names would be taken within future reports. Following consideration, the Committee agreed that:-

(i) a consistent approach to references of organisation names would be taken within future reports; and

(ii) full planning permission be refused on the grounds that the proposal is contrary to

policy 2 (l) of the Moray Structure Plan 2007, policies ER1 and IMP1 of the Moray Local Plan 2008 and associated guidance as contained within the Moray Wind Energy Landscape Capacity Study (Approved July 2012) for the following reasons:-

1. The proposed turbine taken together with the operational and approved turbines at

the Hill of Towie and Edintore wind farms, and single turbines at Followsters, Craigiebank, Balnamoon and Lurg Hill would lead to unacceptable cumulative impacts both sequentially for those travelling along the A96 (and other routes within the wider area) and statically from numerous vantage points within the surrounding area. The resultant combined effect of these turbines would in turn give rise to a landscape which would have a cluttered appearance in contrast to its current simplistic character. Such an impact would detrimentally affect its rural character to an unacceptable degree and accordingly the application attracts a recommendation of refusal.

2. The proposed wind turbine, by virtue of its height and elevated position within a wide

sweeping valley and open setting, would appear as a dominant feature within the landscape, particularly when viewed from the nearby surrounding road network and numerous properties in the area. Any visual impact in this regard would be exacerbated further by its skyline location and the absence of any nearby backdrop features to offset its impact. As such the turbine would appear as an unduly

http://www.moray.gov.uk/ContaminatedLand


prominent man-made structure that would fail to integrate sensitively with the landscape. The resultant impact would detrimentally affect the rural character of this part of the countryside to an unacceptable degree.

(f) 12/01165/APP

ERECTION OF WIND TURBINE (ROTOR DIAMETER 48M) AND ANCILLARY INFRASTRUCTURE FOR 25 YEAR PERIOD AT NEWTON OF EDINGIGHT, GRANGE, KEITH FOR E-GEN LTD.

There was submitted a report by the Appointed Officer recommending that, for reasons detailed in the report, full planning permission be refused in respect of an application for the erection of wind turbine (rotor diameter 48m) and ancillary infrastructure for 25 year period at Newton of Edingight, Grange, Keith for E-Gen Ltd. During discussions, Councillor Howe moved that the Committee grant full planning permission, subject to standard conditions, on the grounds that the proposal complied with policy 2 (I) of the Moray Structure Plan 2007, policies ER1 and IMP1 of the Moray Local Plan 2008 as the proposal will integrate with the woodland surrounding area. This was seconded by Councillor McConachie. As an amendment, Councillor Ross, seconded by Councillor Tuke, moved that planning permission be refused, as recommended, for the reasons given in the report.

On a division, there voted:- For the motion (3) Councillors Howe, McConachie and Paul. For the amendment (6) Councillors Alexander, Allan, Divers, McDonald, Ross and

Tuke. Abstentions (0) Accordingly the amendment became the finding of the meeting and the Committee agreed that full planning permission be refused on the grounds that the proposal is contrary to policy 2 (I) of the Moray Structure Plan 2007, policies ER1 and IMP1 of the Moray Local Plan 2008 and associated guidance as contained within the Moray Wind Energy Landscape Capacity Study (Approved July 2012) for the following reasons:- 1. The proposed turbine taken together with the other operational and approved

turbines would lead to unacceptable cumulative impacts both sequentially for those travelling along the local road network and statically from numerous vantage points within the surrounding area. The resultant combined effect of these turbines would in turn give rise to a landscape which would have a cluttered appearance in contrast to its current simplistic character. Such an impact would detrimentally affect its rural character to an unacceptable.

2. The proposal, by virtue of its height and elevated position on a hillside would fail to

integrate into the surrounding landscape. The adverse visual impact of the turbine is unacceptable and would detract from the landscape character of the area.

(g) 12/01288/APP

CONSTRUCTION OF NEW OFFICE CANTEEN WORKSHOP (CLASS 5 – GENERAL INDUSTRY) AND ASSOCIATED YARD SPACE AT 3 WESTERTON ROAD NORTH, KEITH FOR

CLARK & SUTHERLAND LTD. Councillor Murdoch rejoined the meeting. There was submitted a report by the Appointed Officer recommending that, subject to conditions detailed in the report, full planning permission be granted in respect of an application for construction of new office canteen workshop (Class 5 – General Industry) and associated yard space at 3 Westerton Road North, Keith for Clark & Sutherland Ltd. Mr N. MacPherson, Principal Planning Officer (Development Management) advised the Committee of errors contained within the conditions and reasons, and the Committee noted that:-

(i) Condition 3 should read:- “The width of the vehicular access shall be as shown on drawing no 433-021 Rev A

and have a maximum gradient of 1:20 measured for the first 5.0m from the edge of the public carriageway. The first 12m of the access, measured from the edge of the public carriageway, shall be constructed to the Moray Council specification and surfaced with bituminous macadam.”;

(ii) Reason 3 should read:- “To ensure acceptable infrastructure at the development access, in accordance

with 2008 Moray Local Plan Policy T2.”; and (iii) Reason 4 should read:- “To protect the amenity of residents in the surrounding area.”

Following consideration, and noting amendments to condition 3 and reasons 3 and 4, the Committee agreed to grant full planning permission, subject to the following conditions and informatives:- 1. Prior to the commencement of works, a surface water drainage scheme for the site

shall be submitted to and approved by the Planning Authority (in consultation with the Flood Risk Management Team and Scottish Water). The drainage scheme shall include:-

(a) Details of a suitably designed SUDS system (as outlined in the accompanying

letter from Campbell of Doune Ltd, Consulting Civil and Structural Engineers and drainage plan drawing no.433-022);

(b) Plans and details of the SUDs features including the 1 in 200 year flow path

such that development does not increase flood risk to neighbouring properties; and

(c) A construction phase surface water management plan. The approved SUDs system shall be installed and operational prior to occupation of the building or completion of building works whichever is the sooner.

2. The rating level of noise emitted from the proposed development shall not exceed

the existing background noise level by more than 5dB. The noise levels shall be

determined at the nearest noise sensitive premises. Measurements and assessments shall be made according to BS4142:1997 Method for rating industrial noise affecting mixed residential and industrial areas.

3. The width of the vehicular access shall be as shown on drawing no 433-021 Rev A

and have a maximum gradient of 1:20 measured for the first 5.0m from the edge of the public carriageway. The first 12m of the access, measured from the edge of the public carriageway, shall be constructed to the Moray Council specification and surfaced with bituminous macadam.

4. No machinery shall be operated on the site outside the hours of 8am and 6pm

Monday to Friday, and 8am and 12pm Saturday, unless otherwise agreed in writing with the Planning Authority.


footway/carriageway. 6. Parking provision shall be as follows:-

No. of spaces shall be 21 Cars

No. of loading bays shall be 1 The car parking spaces and loading bay shall be provided within the site prior to the

occupation or completion of the development, whichever is the sooner. The parking spaces shall thereafter be retained throughout the lifetime of the development, unless otherwise agreed in writing with the Council as Planning Authority.

7. A turning area shall be provided within the curtilage of the site to enable vehicles to

enter and exit in a forward gear. 8. The access radii shall be as shown on drawing no 433-021 Rev B and shall be

kerbed using 254 x 127mm splayed/half battered precast concrete kerbs to the Moray Council specification. Drop kerbs and tactile paving shall be provided for the footway across the access to The Moray Council specification. A road opening permit must be obtained from the Roads Authority before carrying out this work.

Reasons:- 1. To ensure reasonable skill, care and attention has been used in the design of a

suitable SUDS scheme which will not increase the risk of flooding to any properties throughout the lifetime of the development.

2. To protect the amenity of residents in the surrounding area. 3. To ensure acceptable infrastructure at the development access, in accordance with

2008 Moray Local Plan Policy T2. 4. To protect the amenity of residents in the surrounding area. 5. To ensure acceptable development that does not create any hazard to road users in

the interests of road safety, in accordance with 2008 Moray Local Plan Policy T2.

6. To ensure an acceptable development in terms of parking provision and amenity of the area, in accordance with 2008 Moray Local Plan Policy T5.


with 2008 Moray Local Plan Policy T2. 8. To ensure acceptable infrastructure at the development access, in accordance with

2008 Moray Local Plan Policy T2. List of Informatives:- THE BUILDING STANDARDS MANAGER, has commented that:- A Building Warrant will be required for the proposals. Should you require further assistance please do not hesitate to contact Building Standards, Environmental Services Department, Council Office, High Street, ELGIN IV30 1BX or by telephoning 01343 563243. THE TRANSPORTATION MANAGER, DIRECT SERVICES, ACADEMY STREET, ELGIN has commented that:- The applicant is obliged to apply for a road opening permit in accordance with Section 85 of the Roads (Scotland) Act 1984. Advice on this matter can be obtained by emailing [email protected] and reference to the following page on the Council web site Road Opening: http://www.moray.gov.uk/moray_standard/page_79860.html Public utility apparatus may be affected by this proposal. Contact the appropriate utility service in respect of any necessary utility service alterations which have to be carried out at the expense of the developer. If required, street furniture will need to be repositioned at the expense of the developer. In addition any existing roadside ditch may require a pipe or culvert. Advice on these matters can be obtained by emailing [email protected]. No building materials/scaffolding/builder's skip shall obstruct the public road (including footpaths) without permission from the Roads Authority. The applicant shall be responsible for ensuring that surface/ground water does not run from the public road into his property. The applicants shall free and relieve the Roads Authority from any claims arising out of his operations on the road or extension to the road. No retaining structures or embankments shall be constructed along the edge of the road, whether retaining the public road or ground adjoining the public road without prior consultation and agreement of the Roads Authority. The developer must contact the Roads Authority Street Lighting Section at Ashgrove Depot, Elgin - Tel (01343) 557300, Ext 7343 to discuss the proposals as there are likely to be street lighting cables in the vicinity of the proposed access. The fence posts must be set back clear of the edge of the footway, which has recently been completed to adoption standards.




THE DEVELOPMENT MANAGEMENT MANAGER has commented that:- In order to minimise any noise impact from the proposal, your attention is drawn to paragraph 4.3 of the accompanying Noise Impact Assessment prepared by Ethos Environmental Ltd , dated Aug 2012, which recommends that the roller shutter doors are closed when possible during noisy operations to minimise noise breakout. Within 2 months of completion of the development, as-built drawings of the installed SUDs system should be submitted in an acceptable format to the Senior Engineer (Flood Risk Management Team) in order to comply with the Flood Risk Management (Scotland) Act 2009. FOCHABERS LHANBRYDE: WARD 4 (h) 10/00334/APP

ERECT WIND TURBINE AND ASSOCIATED INFRASTRUCTURE AT KIRKHILL FARM, ELGIN FOR ROY MATHESON

Councillor Murdoch, having declared an interest in this planning application, left the meeting, taking no part in the relevant discussion or decision. There was submitted a report by the Appointed Officer recommending that, for reasons detailed in the report, full planning permission be refused in respect of an application for the erection of a wind turbine and associated infrastructure at Kirkhill Farm, Elgin for Roy Matheson. Following consideration the Committee agreed that full planning permission be refused on the grounds that: 1. The development is contrary to the approved Moray Structure Plan 2007 Policy 2 and

the adopted Moray Local Plan 2008 Policies ER1, IMP1 and E10 and as a material consideration, the Moray Wind Energy Landscape Capacity Study where, by virtue of its height and location, the turbine will not provide for a sensitive development of renewable energy but rather result in an unacceptable level of landscape and visual intrusion. In dominating the surrounding countryside, the proposal would be to the detriment of the character, appearance and setting of the surrounding locality, including the Elgin Countryside Around Towns designation within which the proposal is located and the main eastern A96 approach in/out of Elgin.

2 The development is contrary to the approved Moray Structure Plan 2007 Policy 2 and

the adopted Moray Local Plan 2008 Policy ER1 because the proposal will not provide for a sensitive development for renewable energy by reason of the location, siting and height of the proposed turbine relative to existing (MoD) radar systems and it will result in an unacceptable level of interference to RAF Lossiemouth aircraft activity and operations, as advised by the Ministry of Defence.

(i) 12/01282/APP

CREATE A BIOMASS BOILER AND FUEL SILO HOUSE AT MILNES HIGH SCHOOL, WEST STREET, FOCHABERS FOR THE MORAY COUNCIL.

Councillor Murdoch rejoined the meeting.

There was submitted a report by the Appointed Officer recommending that, subject to conditions detailed in the report, full planning permission be granted in respect of an application for creation of a biomass boiler and fuel silo house at Milnes High School, West Street, Fochabers for The Moray Council. Following consideration, the Committee agreed to grant unconditional planning permission for the following reason:- The proposed development complies with the aims of the adopted Moray Structure Plan 2007 to promote sensitive renewable energy development and the proposal, in terms of its location, design and other associated impacts is considered to comply with relevant policy. There are no material considerations which indicate otherwise. Informative:- Building Standards Manager has commented that:- It is noted that an Application for a Building Warrant has been received in respect of these proposals. FORRES: WARD 8 (j) 11/00800/APP

RETROSPECTIVE APPLICATION FOR MAIN ZIP WIRE APPLICATION FOR FURTHER PROPOSED ZIP WIRES (ZIPETTES) AND CHANGE OF USE OF AGRICULTURAL BUILDINGS AND LAND TO MIXED USE OF AGRICULTURAL BUILDINGS AND LAND FOR LASERTAG ARCHERY AND QUAD TREKKING AND CHANGE OF USE OF WORKSHOP TO RECEPTION AND MEETING AREA AT EAST GRANGE, KINLOSS FOR MR GRIGOR BUTLER

Councillor Divers, having declared an interest in this planning application, left the meeting, taking no part in the relevant discussion or decision. There was submitted a report by the Appointed Officer recommending that, for reasons detailed in the report, full planning permission be refused in respect of a retrospective planning application for main zip wire for further proposed zip wires (zipettes) and change of use of agricultural buildings and land to mixed use of agricultural buildings and land for lasertag archery and quad trekking and change of use of workshop to reception and meeting area at East Grange, Kinloss for Mr Grigor Butler. During discussions, Councillor Allan, following procedural clarity from the Legal Services Manager (Property and Contracts), moved that the Committee were minded to grant planning permission, subject to a hearing, on the grounds that the proposal complies with policies IMP1, ED8 and EP8 of the adopted Moray Local Plan 2008, in that the site was not located on an industrial estate, and the activities proposed were appropriate to the surrounding area. This was seconded by Councillor Howe. As an amendment, Councillor Tuke, seconded by Councillor Alexander, moved that planning permission be refused, as recommended, for the reasons given in the report and the applicant be reminded that they can resubmit applications for the separate entities to be determined on their own merits.

Following further discussions, Councillor Murdoch moved that the application be deferred to allow the Applicant to consider adjustments that would allow the opportunity for Planning Officers to recommend approval of the application. In response, the Legal Services Manager (Property and Contracts) confirmed that extensive discussions had already been held between the Council and the Applicant and the result of those discussions were reflected in the recommendations and noted any adjustments may require amendments to the application. She advised that the recommendations set out what elements are unacceptable as they are, resulting in the recommendation for refusal, and those which could, in their current form, be resubmitted as separate applications. Councillor Murdoch, noting the advice from the Legal Services Manager (Property and Contracts) with reluctance, withdrew her motion. On a division, there voted:- For the motion (5) Councillors Allan, Howe, McConachie, McDonald and

Paul. For the amendment (4) Councillors Alexander, Murdoch, Ross and Tuke. Abstentions (0) Accordingly the motion became the finding of the meeting and the Committee were minded to grant planning permission, subject to a hearing. Councillor Tuke left the meeting at this juncture.

5. DEVELOPMENT PLAN SCHEME – MORAY LOCAL PLAN

Councillor Divers rejoined the meeting. There was submitted a report by the Corporate Director (Environmental Services) asking the Committee to consider and agree the timetable for the Review of the Moray Local Plan, and for the resulting Development Plan Scheme to be submitted to the Scottish Government. During discussions, a query was raised by the Committee as to why there no drop-in exhibition arranged in Ward 4 as part of the consultation. In response, Mr M. Cross, Principal Planning Officer (Development Plans) advised that the structure was not arranged by Wards but agreed to arrange a drop in exhibition in Ward 4 – Fochabers Lhanbryde. Following consideration, the Committee agreed:-

(i) the timetable for the Review of the Moray Local Plan, as set out in Appendix 1, being:-

Nov 2012: Publish Main Issues Report for consultation; Feb 2013: End of consultation period; Aug 2013: Report back to Committee on representations, and agree Proposed

Plan for further consultation; Sept 2013: Proposed Plan issued for consultation; Nov 2013: End of consultation period; Mar 2014: Report back to Committee on objections and agree any changes;

Apr 2014: Submit Plan to Scottish Ministers with list of unresolved objections and request Examinations;

Dec 2014: Outcome of Examination received; Feb 2015: Publish Modifications and advertise intention to adopt; Mar 2015: Plan formally adopted;

(ii) the consultation proposals, as set out in Appendix 2 of the report, and that they

form the Council’s Participation Statement against which the engagement performance will be ultimately assessed; and

(iii) that a drop in exhibition in Ward 4 – Fochabers Lhanbryde be arranged.

6. MORAY LOCAL PLAN POLICY INTERPRETATION: CONSERVATION AREAS

There was submitted a report by the Head of Development Services asking the Committee to approve the interpretation of Moray Local Plan 2008 policy BE3 as it applies to development within Conservation Areas. Following consideration, the Committee agreed that Moray Local Plan 2008 Policy BE3 be interpreted as requiring “full details” to be submitted rather than requiring “full detailed planning applications”.

7. FOOD ENFORCEMENT SERVICE DELIVERY PLAN 2012/13 AND REVIEW 2011/12

There was submitted a report by the Corporate Director (Environmental Services) asking the Committee to approve the Food Enforcement Service Delivery Plan 2012/13, attached as Appendix 1 to the report, and to note the Performance Review based on the Service Delivery Plan 2011/12, attached as Appendix 2 to the report. During discussions, a number of queries were raised by the Committee and the Principal Environmental Health Officer noted that the following amendments would be made to the Food Enforcement Service Delivery Plan 2012/13:-

(a) references to square miles and square kilometre within paragraph 2.1would be

amended to a more appropriate metric system;

(b) noted that Service Delivery Points, as detailed in paragraph 2.4, would include Forres Access Point; and

(c) “broadly complaint” be amended to “broadly compliant” under paragraph 3.1;

Thereafter, the Committee:-

(i) noted the following amendments that would be made to the Food Enforcement Service Delivery Plan 2012/13, attached as Appendix 1 to the report:- (d) references to square miles and square kilometre within paragraph 2.1would be

amended to a more appropriate metric system;

(e) noted that Service Delivery Points, as detailed in paragraph 2.4, would include Forres Access Point; and

(f) “broadly complaint” be amended to “broadly compliant” under paragraph 3.1; (ii) approved the Food Enforcement Service Delivery Plan 2012/13; and

(iii) noted the Performance Review, as set out in Appendix 2 of the report, based on the

Service Delivery Plan 2011/12.

8. PLANNING ENFORCEMENT – BENCHMARKING Councillor Murdoch, having declared an interest as the Moray Council representative on the Cairngorms National Park Authority, remained in the meeting and participated in consideration of this Item. Under reference to Paragraph 8 of the Minute of this Committee dated 29 May 2012, there was submitted a report by the Head of Development Services providing the Committee with an update on Planning Enforcement, following the request by the Chair of the Planning & Regulatory Service Committee to address the perceived lack of enforcement, and to consider the issues raised, conclusions and the proposed action plan, as set out in Appendix 3 of the report. The Committee joined the Chairman in thanking Officers for their work in compiling the report in response to their request at a previous meeting. During discussions, the Chairman requested that further information would be circulated to Members on the process followed when a breach of planning control is brought to the attention of the Planning Department and this was noted by the Acting Manager (Development Management). Thereafter, the Committee:-

(i) thanked Officers for their work in compiling the report in response to their request at a previous meeting;

(ii) noted the contents of the report; (iii) noted the current position in relation to enforcement in Moray compared with other

Local Planning Authorities in Scotland; (iv) agreed the conclusions and the related Appendix to the report, which outlined the

action plan; and

(v) noted that further information would be circulated to Members on the process followed when a breach of planning control is brought to the attention of Planning Department.

9. DEVELOPMENT SERVICES PERFORMANCE INDICATORS

There was submitted a report by the Head of Development Services asking the Committee to consider changes proposed to performance indicators for 2012/13 following an annual review.

In response to a request from the Chairman, the Head of Development Services advised that information on customer satisfaction within Development Services and Building Standards will be provided to future meetings of this Committee. Following consideration, the Committee:-

(i) approved the Development Services’ performance indicators to be reported during 2012/13, as set out in Appendix 1 of the report; and

(ii) noted that information on customer satisfaction within Development Services and Building Standards would be provided to this Committee.

10. PLANNING FEES – CAIRNGORMS NATIONAL PARK AUTHORITY

Councillor Murdoch, having declared an interest as the Moray Council representative on the Cairngorms National Park Authority, remained in the meeting and participated in consideration of this Item. Under reference to Paragraph 13 of the Minute of the Environmental Services Committee date 21 May 2003, there was submitted a report by the Head of Development Services providing an updated position on the level of planning fees for planning applications that cover the Cairngorms National Authority (CNPA) and the request for the existing 50/50 percentage split to be increased. Following consideration, the Committee agreed that the split of planning application fees taken by the Cairngorms National Park Authority be increased from 50/50 to 60/40, in favour of the Cairngorms National Park Authority.

11. QUESTION TIME There were no questions raised.

THE MORAY COUNCIL · THE MORAY COUNCIL MINUTE OF MEETING OF THE PLANNING & REGULATORY SERVICES...

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