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THE MORAY COUNCIL

MINUTE OF MEETING OF THE PLANNING & REGULATORY SERVICES COMMITTEE

TUESDAY 25 FEBRUARY 2014

COUNCIL OFFICE, ELGIN PRESENT

Councillors D. Ross (Chair), C. Tuke (Deputy Chair), G. Alexander, J. Allan, J. Cowe, J. Divers, M. Howe, M. McConachie, G. McDonald, A. McLean, P. Paul and A. Wright. ALSO PRESENT

Councillors G. Cowie, B Jarvis and J MacKay.

APOLOGIES

Apologies for absence were submitted on behalf of Councillor Murdoch. IN ATTENDANCE The Head of Development Services, the Manager (Development Management), Mr A. Burnie and Mr N. MacPherson, Principal Planning Officers (Development Management), Mr R. Gerring, Senior Engineer (Transportation), Mr D. Caldwell, Environmental Health Officer, Mr I. Drummond, Planning Officer (Development Management), Mrs C. Anderson, Landscape Architect, Mrs A. Scott, Legal Services Manager (Property & Contracts) and Mr D. Westmacott, Committee Services Officer as Clerk to the Meeting.

1. DECLARATION OF GROUP DECISIONS In terms of Standing Order 20 and the Councillor‟s Code of Conduct, 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.

2. WRITTEN QUESTIONS

The Committee noted that no written questions had been submitted.

3. PLANNING APPLICATIONS

SPEYSIDE GLENLIVET: WARD 1 (a) 13/02123/APP

EXTEND PLANNING CONSENT 09/01475/FUL FOR FORMATION OF NEW HOLIDAY HOME PARK (28NO UNITS) AND ASSOCIATED WORKS AT TOMMORE MILL, BALLINDALLOCH FOR TRUSTEES OF BALLINDALLOCH

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TRUST

There was submitted a report by the Appointed Officer recommending that, subject to the condition detailed in the report, planning permission be granted in respect of an application to extend planning consent 09/01475/FUL for formation of new holiday home park (28no units) and associated works at Tommore Mill, Ballindalloch for Trustees of Ballindalloch Trust. The Committee noted that the application had been referred to Committee in terms of the Scheme of Delegation because it is a „major‟ development, as the site exceeds 2 hectares. The report also advised that members of the Committee visited the site of the application on 24 February 2014. Following consideration, the Committee agreed to grant planning permission as recommended, subject to the following condition:- 1. The development hereby granted relates solely to the duration of the planning

permission within which the development must be begun and as hereby approved, the development forms part of and is related to the decision to grant planning permission under formal decision notice 09/01475/FUL dated 15 December 2010 and the terms and conditions of that development, in particular Conditions 5 - 13 are hereby re-iterated.

Reason:- 1. To avoid any ambiguity regarding the terms of this consent. KEITH AND CULLEN: WARD 2 (b) 07/02375/EIA

CONSTRUCTION, OPERATION AND DECOMMISSION OF A WIND FARM COMPRISING 13 NO. WIND TURBINES AND OTHER ANCILLARY DEVELOPMENT AT AULTMORE FOREST, DRYBRIDGE, BUCKIE FOR VATTENFALL

There was submitted a report by the Appointed Officer recommending that, subject to the conditions detailed in the report, planning permission be granted in respect of an application for construction, operation and decommission of a wind farm comprising 13 no wind turbines and other ancillary development at Aultmore Forest, Drybridge, Buckie for Vattenfall. The Committee noted that the application had been referred to Committee as the application is a major development as defined under the Hierarchy Regulations 2008, where it required an Environmental Impact Assessment (EIA). The report also advised that members of the Committee visited the site of the application on 24 February 2014. The Chair moved that planning permission be refused on the grounds that the application was contrary to Policy ER1 (d) in that it had an unacceptable impact on visual appearance. Councillor Tuke, in seconding the Chair‟s motion, stated that the application was also contrary to Policy ER1 (e) in that it would result in an unacceptable cumulative impact. The Chair agreed to accept Councillor Tuke‟s reasoning as part of his motion.

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As an amendment, Councillor McDonald moved the recommendations of the report to grant planning permission subject to conditions. This was seconded by Councillor Paul. On a division, there voted:- For the Motion (4): Councillors Ross, Tuke, Allan and Cowe. For the Amendment (8): Councillors McDonald, Paul, Alexander, Divers, Howe,

McConachie, McLean and Wright. Abstentions (0) Accordingly, the motion became the finding of the meeting and the Committee agreed to grant planning permission as recommended, subject to the following conditions: 1. This permission shall endure for a period of 25 years from the date on which the first

turbine becomes operational. The applicant shall confirm when this occurs and in the absence of any such confirmation within 12 months of development commencing, permission will expire within 25 years from the date of this decision. Within 6 months of the expiry of this period the wind turbines and ancillary equipment shall be dismantled to ground level and removed from the site and the land shall be restored in accordance with a method statement to be approved in writing in advance by the council as planning authority.

2. In the event that the equipment hereby permitted for installation is no longer required or

is not in operation for a continuous period in excess of 6 months, it shall be removed and the site reinstated. Details of the proposed reinstatement shall be submitted for approval in writing by the planning authority within 2 months of either the equipment ceasing to be required or from the end of the 6 months period when it is not in operation, and the reinstatement work shall be completed within 3 months of the planning authority's approval of that proposed reinstatement scheme, or such other period agreed in writing by the planning authority

3. Prior to commencement of deliveries to site a Route Access Report must be submitted

to and approved in writing by Transport Scotland. It must include details of swept path analysis undertaken to ensure that exceptional loads can be transported through the trunk road network safely. The complete report shall also include details of any accommodation measures required including the temporary removal of street furniture, junction widening, traffic management and show that the transportation will not have any detrimental effect on structures within the route path. The development and all deliveries to the site must be carried out in accordance with the approved Route Access.

4. During the delivery period of the wind turbine construction materials any additional

signing or temporary traffic control measures deemed necessary due to the size or length of any loads being delivered or removed must be undertaken by a recognised QA traffic management consultant, to be approved by Transport Scotland before delivery commences.

5. 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. This survey must then

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be passed to the Transportation Section of the Moray Council prior to the commencement of development.

6. Prior to the commencement of development, a Traffic Management Plan shall be

submitted to and approved in writing by the Council as planning authority showing 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.

7. 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 Aberdeenshire/Highland Council and Moray Council Transportation (Traffic), the Trunk Road Authority and Grampian Police must be invited to the trial run.

8. Prior to the commencement of development (inclusive of timber extraction or delivery of

materials to site):

(i) the U72L shall be widened to at least 5.0m with 2.0m wide verges on each side of the road to the Moray Council standards and specification, including any necessary road drainage;

(ii) the U72L shall be realigned to form a new junction onto the B9016, meeting at a

right angle; (iii) the new junction onto the B9016 shall have visibility splays of 4.5 metres by 215

metres in both directions, clear of any obstruction above 0.26m (measured from the level of the carriageway);

(iv) the new junction onto the B9016 shall have a minimum radius of 15 metres and

shall be kerbed using 254mm x 127mm p.c.c. kerbs; (v) the new junction shall be surfaced using Hot Rolled asphalt for a minimum

distance of 15 metres or the longest length of vehicle, whichever is greater; (vi) A 50m length of hot rolled asphalt shall be provided on the B9016, (25m on either

side of the centre line of the new junction) and the B9016 widened to at least 6.0m over the length of the hot rolled asphalt, such that the delivery/construction vehicles do not have to mount the verges when negotiating the junction; and

(vii) Suitable signage shall be in place at the above junction in consultation with The

Moray Council Traffic Section. 9. Unless otherwise agreed in writing with the Planning Authority no heavy construction

traffic shall access the site from the B9018 at the east end of the site. 10. Unless otherwise agreed in writing with the Planning Authority, the applicant must run

'before and after' condition video surveys of the proposed delivery and construction traffic routes, namely the U72L Oxhill Road. A copy of the video surveys must be provided to Moray Council Transportation (Traffic). The applicant shall make good any

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damage which may be caused to the road network, including the verge, as a result of the construction traffic and passing vehicles.

11. At least two (2) months prior to the commencement of any works, a site specific

Environmental Management Plan (EMP) must be submitted for the written approval of the planning authority in consultation with SEPA [and other agencies such as SNH as appropriate] and all work shall be carried out in accordance with the approved plan. It should cover all aspects of the development; include construction method statements, preparation works such as forest clearing and on sites works such as the formation of borrow pits and works relating to the cement batching plant. Unless otherwise agreed in writing with the Council as planning authority, the EMP must also include a drainage impact assessment which shows that the post-development surface water discharge rate will not exceed the pre-development discharge rate. Thereafter the development must be developed in accordance with the approved EMP.

12. Prior to the commencement of development, detailed plans and method statements for

the reinstatement any temporary access tracks, borrow pits, disturbed peat/other over burden, construction compound areas and other construction areas at the end of the construction period, shall be submitted to, and approved in writing by, the planning authority (in consultation with SEPA). The approved reinstatement method statements shall then be followed, and the approved plans shall be implemented to the satisfaction of the planning authority within 6 months of becoming operational or as otherwise approved in writing by the council as planning authority.

13. Prior to development commencing a Habitat Management Plan must be submitted to

and approved in writing by the Council as planning authority (in consultation with SEPA and SNH). The development must then be developed and operated in accordance with the approved Habitat Management Plan unless otherwise approved by the council as planning authority (in consultation with the SEPA and SNH).

14. Prior to development commencing a Capercaillie Management Plan must be submitted

to and approved in writing with the Council as planning authority (in consultation with SNH). The development must then be developed and operated in accordance with the approved Capercaillie Management Plan unless otherwise approved by the council as planning authority (in consultation with the SNH).

15. 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 for the turbine bases. 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.

16. Ministry of Defence approved omni-directional 25 candela red aviation lighting or

infrared warning lighting shall be placed upon the perimeter turbines (this relates to all turbines on the approved layout plan, except turbines 9 and 13). The turbines will be

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erected with the lighting installed and the lighting will remain operational throughout the duration of this consent.

17. No development shall commence until a Radar Mitigation Scheme for this site has been

submitted to and obtained written approval from the Council as planning authority (in consultation with the Ministry of Defence). The Radar Mitigation Scheme shall address how, and by what measures, the impact of the development upon the operation of the Primary Surveillance Radar, Precision Approach Radar and Ministry of Defence air traffic control operations using these radar at RAF Lossiemouth will be mitigated. The development must then be developed and operated in accordance with the approved Radar Mitigation Scheme unless otherwise approved by the Council as planning authority (in consultation with the Ministry of Defence).

18. No turbines shall become operational until all mitigation measures required within the

approved Radar Mitigation Scheme have been implemented to the satisfaction of the Council as planning authority (in consultation with the Ministry of Defence)

19. No development (apart from that required for remediation) shall commence until all

necessary works to remediate the site have been carried out in accordance with the details of the required remediation measures which have previously been submitted to and approved by the Council as planning authority in consultation with the Council's Environmental Health (Contaminated Land) Section, where the required remediation measures shall be fully implemented as detailed and described in the applicant's Remediation Strategy for Unexploded Ordnance dated 15 April 2005.

20. At least two months prior to commencement of development, the developer shall

provide to the Council as planning authority written details of the bond or other financial provision which it proposes to put in place to cover all decommissioning and site restoration costs on the expiry of the consent/permission period. No development shall start on site until the developer has provided documentary evidence that the proposed bond or other financial provision is in place and written confirmation has been given by the planning authority that the proposed bond or other financial provision is satisfactory. The developer shall ensure that the approved bond or other financial provision is maintained throughout the duration of this consent/permission.

21. The adequacy of the approved bond or other financial provision shall be subject to a

review at ten yearly intervals from commencement of development, to be paid for by the developer and conducted by a competent independent professional who has relevant experience within the wind energy sector. The findings of such reviews shall be provided to the developer and the planning authority.

22. In the event that the wind farm is found to cause interference to television reception and

following a complaint made within two years of the windfarm operating, the developer shall take whatever action is deemed necessary by the planning authority to alleviate the problems.

23. The development must be developed and operated in accordance with the approved Peat Management Plan submitted by the developer to the Council and SEPA on 3rd February 2014.

24. The rating level of noise immissions from the combined effects of the wind turbines

(including the application of any tonal penalty) when determined in accordance with the attached Guidance Notes to this condition in the informatives section of the planning

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consent notice, shall not exceed the values for the relevant integer wind speed set out in, or derived from, the tables attached to these conditions at any dwelling which is lawfully existing or has planning permission at the date of this permission and:

(a) The wind farm operator shall continuously log power production, wind speed and

wind direction, all in accordance with Guidance Note 1(d). These data shall be retained for a period of not less than 24 months. The wind farm operator shall provide this information in the format set out in Guidance Note 1(e) to the Local Planning Authority on its request, within 14 days of receipt in writing of such a request.

(b) Within 21 days from receipt of a written request from the Local Planning Authority

following a complaint to it from an occupant of a dwelling alleging noise disturbance at that dwelling, the wind farm operator shall, at its expense, employ a consultant approved by the Local Planning Authority to assess the level of noise immissions from the wind farm at the complainant's property in accordance with the procedures described in the attached Guidance Notes. The written request from the Local Planning Authority shall set out at least the date, time and location that the complaint relates to and any identified atmospheric conditions, including wind direction, and include a statement as to whether, in the opinion of the Local Planning Authority, the noise giving rise to the complaint contains or is likely to contain a tonal component.

(c) The assessment of the rating level of noise immissions shall be undertaken in

accordance with an assessment protocol that shall previously have been submitted to and approved in writing by the Local Planning Authority. The protocol shall include the proposed measurement location identified in accordance with the Guidance Notes where measurements for compliance checking purposes shall be undertaken, whether noise giving rise to the complaint contains or is likely to contain a tonal component, and also the range of meteorological and operational conditions (which shall include the range of wind speeds, wind directions, power generation and times of day) to determine the assessment of rating level of noise immissions. The proposed range of conditions shall be those which prevailed during times when the complainant alleges there was disturbance due to noise, having regard to the written request of the Local Planning Authority under paragraph (b), and such others as the independent consultant considers likely to result in a breach of the noise limits.

(d) Where a dwelling to which a complaint is related is not listed in the tables

attached to these conditions, the wind farm operator shall submit to the Local Planning authority for written approval proposed noise limits selected from those listed in the Tables to be adopted at the complainant's dwelling for compliance checking purposes. The proposed noise limits are to be those limits selected from the Tables specified for a listed location which the independent consultant considers as being likely to experience the most similar background noise environment to that experienced at the complainant's dwelling. The rating level of noise immissions resulting from the combined effects of the wind turbines when determined in accordance with the attached Guidance Notes shall not exceed the noise limits approved in writing by the Local Planning Authority for the complainant's dwelling.

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(e) The wind farm operator shall provide to the Local Planning Authority the independent consultant's assessment of the rating level of noise immissions undertaken in accordance with the Guidance Notes within 2 months of the date of the written request of the Local Planning Authority for compliance measurements to be made under paragraph (b), unless the time limit is extended in writing by the Local Planning Authority. The assessment shall include all data collected for the purposes of undertaking the compliance measurements, such data to be provided in the format set out in Guidance Note 1(e) of the Guidance Notes. The instrumentation used to undertake the measurements shall be calibrated in accordance with Guidance Note 1(a) and certificates of calibration shall be submitted to the Local Planning Authority with the independent consultant's assessment of the rating level of noise immissions.

(f) Where a further assessment of the rating level of noise immissions from the wind

farm is required pursuant to Guidance Note 4(c), the wind farm operator shall submit a copy of the further assessment within 21 days of submission of the independent consultant's assessment pursuant to paragraph (c) above unless the time limit has been extended in writing by the Local Planning Authority.

Table 1: Between 07:00 and 23:00 – Noise limits expressed in dB LA90,10 minute as a function of the standardised wind speed (m/s) at 10 metre height as determined within the site averaged over 10 minute periods.

Location Standardised wind speed at 10 meter height (m/s) within the site averaged over 10-minute periods

4 5 6 7 8 9 10 11 12

Drodland 35 35 35 37.1 39.6 42.4 45.6 49.2 53.1

Hill Head Farm 35 35.2 37.2 39.2 41.3 43.2 45.2 47.1 49.0

Myreside 35 35 35 36.9 39.2 41.7 44.5 47.5 50.8

School Hill Farm

35 35 36.1 38.9 42.0 45.5 49.2 53.4 57.8

Aultmore Lodge

35 36.7 39.4 42.5 46.2 50.3 55.0 60.2 65.8

Table 2: Between 23:00 and 07:00 – Noise limits expressed in dB LA90,10 minute as a function of the standardised wind speed (m/s) at 10 metre height as determined within the site averaged over 10 minute periods.

Location Standardised wind speed at 10 meter height (m/s) within the site averaged over 10-minute periods

4 5 6 7 8 9 10 11 12

Drodland 40 40 40 40 40 40 41.8 45.3 49.2

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Hill Head Farm 40 40 40 40 42.7 46.2 49.8 53.5 57.5

Myreside 40 40 40 40 40 40 43 46.7 50.9

School Hill Farm

40 40 40 40 40.7 43.8 47.3 51.1 55.3

Aultmore Lodge

40 40 40 40 41.2 43.6 46.3 49.2 52.3

Table 3: Coordinate locations of the properties listed in Tables 1 and 2.

Property Easting Northing

Drodland 345297 857565

Hill Head Farm 344475 860074

Myreside 348538 857433

School Hill Farm 346311 861306

Aultmore Lodge 349117 859524

Note to Table 3: The geographical coordinate references are provided for the purpose of identifying the general location of dwellings to which a given set of noise limits applies. 25. Construction activities associated with the development, including vehicle movements

at the site, shall be permitted between 0700 to 1900 hours Monday Friday and 0700 to 1600 hours on Saturdays. Any required works outwith those times shall not be permitted unless prior written details are provided to and approved by the Planning Authority.

26. Blasting times associated with the formation of borrow pits shall be restricted as

follows:

(a) No blasting shall be carried out on the site except between the following times (1000 and 1200 hours) and (1400 and 1600 hours) on Mondays to Fridays and (1000 and 1200 hours) on Saturdays.

(b) There shall be no blasting or drilling operations on Sundays, Bank Holidays or

National Holidays. (c) The above condition shall not apply in cases of emergency when it is considered

necessary to carry out blasting operations in the interests of safety. The Planning Authority shall be notified in writing immediately of the nature and circumstances of any such event.

27. Ground vibration as a result of blasting operations to form borrow pits at the site shall

not exceed a peak particle velocity of 10mms-1 in 95% of all blasts and no individual blast shall exceed a peak particle velocity of 12mms-1 as measured at vibration sensitive buildings. The measurement shall be the maximum of 3 mutually perpendicular directions taken at the ground surface at any vibration sensitive building.

28. At the reasonable request of the Planning Authority, following a complaint relating to

vibration from blasting operations to form borrow pits, the developer shall measure at its own expense ground vibration to ensure compliance with the above condition. The results of such monitoring shall thereafter be forwarded to the Planning Authority.

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29. At the reasonable request of the Planning Authority following a complaint the Wind Turbine Operator shall investigate and instigate appropriate mitigation measures to minimise the effects of shadow flicker.

Reasons:-

1. To ensure that the turbines are removed at the end of their use and to ensure the

satisfactory restoration of the site. 2. To ensure that the reinstatement work is appropriate and to a satisfactory standard. 3. To minimise interference and maintain the safety and free flow of traffic on the Trunk

Road as a result of the traffic moving to and from the development. 4. To ensure that the transportation will not have any detrimental effect on the road and

structures along the route. 5. To consider the impact on infrastructure on the route to the development access and in

the interests of road safety. 6. To minimise interference with the safety and free flow of traffic on the public road

network. 7. To ensure acceptable infrastructure on the route to the development access in the

interests of road safety. 8. To ensure acceptable infrastructure on the route to the development access in the

interests of road safety. 9. To ensure acceptable development that does not create any hazard to road users in

the interests of road safety. 10. To ensure that the construction and delivery vehicles associated with the development

will not have any detrimental effect on the U72L Oxhill Road which would provide access to the development.

11. To control pollution of air, land and water. 12. In order to minimise the level of visual intrusion, and to ensure the satisfactory

reinstatement of the site. 13. In order to ensure that wildlife habitat is not unnecessarily removed and to enhance

habitat provision where possible. 14. In order to ensure. 15. In order to record items of archaeological interest and finds. 16. In the interests of air traffic safety. 17. In the interests of air traffic safety.

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18. In the interests of air traffic safety. 19. In order to ensure safety of construction workers and future users of the site. 20. To ensure that there are sufficient funds available for the full costs of site restoration. 21. To ensure that there are sufficient funds available for the full costs of site restoration. 22. To protect the amenity of local residents. 23. In order to ensure that disturbance to peat upon the site is minimised or disturbed in

managed in an environmentally responsible manner. 24. To protect nearby residents from undue noise and disturbance and to provide the

factual basis for ensuring that the noise limits are not exceeded. 25. To protect nearby residents from undue noise and disturbance. 26. To protect nearby residents from undue noise and disturbance. 27. To protect nearby residents from undue noise and disturbance. 28. To protect nearby residents from undue disturbance and loss of amenity. 29. To protect nearby residents from undue disturbance and loss of amenity. (c) 12/01707/APP

ERECT 1 2.3MW WIND TURBINE (71 METER ROTOR DIAMETER) AND ASSOCIATED WORKS AT NETHERTON OF WINDYHILLS, KEITH FOR STRATHDEE PROPERTIES LIMITED

There was submitted a report by the Appointed Officer recommending that, for the reasons detailed in the report, planning permission be refused in respect of an application to erect 1 2.3mw wind turbine (71 meter rotor diameter) and associated works at Netherton of Windyhills, Keith for Strathdee Properties Limited. The Committee noted that the application had been referred to Committee in terms of the Scheme of Delegation, as the Appointed Officer considered that the application raises matters of wider community interest and/or planning significance by virtue of its scale or height, which exceeds 40m to blade tip. The report also advised that members of the Committee visited the site of the application on 24 February 2014. Following consideration, the Committee agreed that planning permission be refused on the grounds that: 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 associated guidance as contained within the Moray Onshore Wind Energy (MOWE) (March 2013) and the Moray Wind Energy Landscape Capacity Study (July 2012) for the following reasons:-

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1. The proposed turbine, by virtue of its height and elevated position, would appear as a dominant highly visible feature within this open landscape. Any visual impact in this regard would be exacerbated further by its elevated skyline location within a wide sweeping valley, which is well-settled and overlooked by numerous properties and those travelling through the area along the nearby B9018 Keith to Cullen Road. The turbine would appear as an unduly prominent vertical structure that would fail to integrate sensitively with the landscape and would detrimentally affect the rural character of this part of the countryside, contrary to policies 2 (l), ER1 and IMP1 and associated guidance, as contained within the MOWE (March 2013) and the LCS (July 2012).

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

Myreton, Netherton of Windyhills, Balnamoon, Langlanburn, Edingight, Drodland and Garralhill (in addition to the Aultmore Wind Farm currently pending consideration) would lead to unacceptable cumulative impacts both sequentially for those travelling along the nearby B9018 (and other routes within the wider area) and statically from numerous vantage points within the surrounding area. The cumulative landscape and visual effects resulting from this inter-visibility between these proposed, operational and approved turbine developments would contribute to visual clutter and result in a detrimental loss of rural character, contrary to policies 2 (l), ER1, and IMP1 and associated MOWE and LCS.

3. Assessment of a submitted Noise Assessment and supplementary information for the

proposed turbine, has established that cumulative noise levels from the turbine and the nearby two consented nearby turbines of the applicants (09/00763/FUL), as well as the three Enercon E 48's to the immediate east (07/01102/FUL and 09/00247/FUL) would exceed noise limit criteria, resulting in unacceptable noise disturbance to the nearest noise sensitive property, Myreton to the southeast. On this basis that the proposed turbine in combination with these 5 nearby operational and approved turbines would give rise to significant loss of amenity at noise sensitive property contrary to policies 2 (k), ER1, IMP1 and EP8.

(d) 13/00638/APP

ERECTION OF 1 NO ENERCON E-48 800KW WIND TURBINE (ROTOR 48M) ACCESS ROAD AND ASSOCIATED INFRASTRUCTURE ON BROOMHILL FARM LAND, NEWMIL, KEITH FOR RUBY ENERGY LTD

There was submitted a report by the Appointed Officer recommending that, for the reasons detailed in the report, planning permission be refused in respect of an application to erect 1no Enercon E-48 800Kw wind turbine (Rotar 48m), access road and associated infrastructure on Broomhill Farm Land, Newmill, Keith for Ruby Energy Ltd. The Committee noted that the application had been referred to Committee in terms of the Scheme of Delegation, as the Appointed Officer considered that the application raises matters of wider community interest and/or planning significance by virtue of the scale or height of the turbines, which exceeds 40m (to blade tip). The report also advised that members of the Committee visited the site of the application on 24 February 2014. In light of the site visit, Mr MacPherson, Principal Planning Officer (Development Management) suggested that consideration be given to amending Reason 3 to read “…will

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dominate the views of the village of Newmill…” to accurately reflect the visual impact on landscape that the turbine would have. This was agreed by the Committee Mr MacPherson advised the Committee that a late representation from Strathisla Community Council, who were a statutory consultee, objecting to the development on the grounds that the locality had sufficient turbines for a small valley. Following consideration, the Committee agreed that planning permission be refused on the grounds that: The proposal is contrary to policies 2 (l) and (k) of the Moray Structure Plan 2007, policies ER1, IMP1 and T2 of the Moray Local Plan 2008 and associated guidance as contained within the Moray Onshore Wind Energy (MOWE) (March 2013) and the Moray Wind Energy Landscape Capacity Study (July 2012) for the following reasons:- 1. The proposed turbine, by virtue of its size and proximity to surrounding residential

properties and public roads will dominate and result in an overbearing impact on the immediate surrounding landscape (within 1km) and result in a significant unacceptable visual impact.

2. The proposed turbine would result in an unacceptable cumulative impact when taken

together with the nearby consented turbine at Followsters, in that the two turbines would not appear related and would result in the introduction of a further significant vertical element extending this impact over a wider area to the detriment of the local landscape character.

3. The proposed turbine, by virtue of its size and proximity, will dominate views of the

village of Newmill to an unacceptable degree adversely impacting on the setting of the village.

4. The proposed turbine will result in an unacceptable cumulative impact on the

settlements of Keith and Aultmore, when viewed in conjunction with existing operational and consented turbines surrounding these settlements.

5. The development will have an adverse impact on radio systems licensed to Scottish

Hydro. 6. The applicant has failed to demonstrate that delivery of the turbine components could

be achieved in a safe and suitable manner, without any adverse impact on the public road network.

BUCKIE: WARD 3

(e) 13/01759/APP

PROPOSED STORAGE AREA ON LAND AT 7 COMMERCIAL ROAD, BUCKIE AB56 1UQ FOR FORSYTHS LIMITED

There was submitted a report by the Appointed Officer recommending that, subject to the conditions detailed in the report, planning permission be granted in respect of an application for proposed storage area on Land at 7 Commercial Road, Buckie AB56 1UQ for Forsyths Limited.

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The Committee noted that the application had been referred to Committee as the application relates to land in which the Planning Authority has a financial and land ownership interest. The report also advised that members of the Committee visited the site of the application on 24 February 2014. Following consideration, the Committee agreed to grant planning permission as recommended, subject to the following conditions:- 1. Prior to any development works commencing:-

(i) a detailed drawing (scale 1:200) showing the retention of a visibility splay 2.4 metres by 70 metres for the adjacent A942 Commercial Road/Old Station Yard junction across the site shall be submitted to and approved by the Council, as Planning Authority, in consultation with the Roads Authority; and

(ii) thereafter all fences and gates shall be set back to a position behind the required visibility splay in accordance with the approved drawing.

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

footway/carriageway. 3. The first 5m of the access, measured from the edge of the public road, shall be

constructed to the Moray Council specification and surfaced with bituminous macadam. 4. A turning area shall be provided within the curtilage of the site to enable vehicles to

enter and exit in a forward gear.

5. New boundary fences/gates shall be set back from the edge of the public carriageway at a minimum distance of 2.0m and to a position behind the required visibility splay for the adjacent A942 Commercial Road/Old Station Yard junction.

Reasons:-

1. To enable drivers of vehicles exiting the adjacent junction to have a clear view so that

they can undertake the manoeuvre safely and with the minimum interference to the safety and free flow of traffic on the public road.

2. To ensure acceptable development that does not create any hazard to road users in the interests of road safety.

3. To ensure acceptable infrastructure at the development access. 4. To ensure acceptable development in the interests of road safety. 5. To enable drivers to vehicles leaving the site to have a clear view over a length of road

sufficient to allow safe exit, in the interests of road safety for the proposed development and other road users.

(f) 13/02313/APP

PLANNING APPLICATION TO COVER THE RELOCATION OF PLOT 43 AND ERECTION OF HOUSE ON PLOT 43 BARHILL ROAD DEVELOPMENT (MC75) BUCKIE FOR THE MORAY

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COUNCIL

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, subject to the conditions detailed in the report, planning permission be granted in respect of an application to cover the relocation of Plot 43 Barhill Road Development (MC75), Buckie for The Moray Council. The Committee noted that the application had been referred to Committee as the application relates to land in which the Planning Authority has a financial interest. The report also advised that members of the Committee visited the site of the application on 24 February 2014. During discussion, Councillor McDonald moved that any further application to change the house type to a 2 storey property be referred to Committee for consideration. This was agreed. Thereafter, the Committee agreed:- (i) to grant planning permission as recommended, subject to the following conditions:- 1. No boundary fences, hedges, walls or any other obstruction whatsoever over 1.0m in

height and fronting onto the public road shall be within 2.4m, of the edge of the carriageway.

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

footway/carriageway. 3. New boundary walls/fences shall be set back from the edge of the public carriageway

at a distance of 2 metres.

4. That the residential property permitted under this consent shall be made available as affordable housing only. The property shall not be made available for private sale and occupancy without the prior written consent of the Planning Authority.

Reasons:- 1. To ensure acceptable development that does not create any hazard to road users in

the interests of road safety.

2. To ensure acceptable development that does not create any hazard to road users in the interests of road safety.

3. To ensure acceptable development that does not create any hazard to road users in

the interests of road safety. 4. In order to ensure delivery of the scheme as applied for and to ensure an acceptable

form of development; and

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(ii) that any further application to change the house type to a 2 storey property be referred to Committee for consideration

FOCHABERS LHANBRYDE: WARD 4

(g) 13/01712/APP

RE-ESTABLISH BOATYARD AND SLIPWAY ON PREVIOUS SITE WITH NEW BOATHOUSE AND CABLE DUCTING TO SHORELINE AT LAND AT PORTGORDON EAST TO REAR OF GORDON STREET, PORTGORDON FOR MISS GEMMA CAMPBELL

Councillor Divers re-joined the meeting. There was submitted a report by the Appointed Officer recommending that, for the reasons detailed in the report, planning permission be refused in respect of an application to re-establish boatyard and slipway on previous site with new boathouse and cable ducting to shoreline at land at Portgordon East to rear of Gordon Street, Portgordon for Miss Gemma Campbell. The Committee noted that the application had been referred to Committee as the Appointed Officer considered that the application raises matters of wider community interest and/or planning significance. The report also advised that members of the Committee visited the site of the application on 24 February 2014. Councillor Howe moved that the Committee be minded to grant planning permission, subject to a hearing, on the grounds that the proposal an acceptable departure from Policy E8 as the site previously hosted a similar business and that it was an indigenous industry. Following discussion, the Chair moved that the application be deferred direct to a hearing on 21 March 2014 for consideration, without giving an indication of being minded to approve. In light of this motion, Councillor Howe withdrew her motion. The Legal Services Manager (Property & Contracts) advised that whilst every effort would be made to arrange for the application to be heard at a hearing on 21 March 2014, she noted that due to the significant number of representatives in relation to both this application and the one being considered at a hearing on the morning of 21 March 2014, there may be a requirement to seek an alternative date. There being no one otherwise minded, the Committee agreed to defer consideration of planning application 13/01712/PPP direct to a hearing on 21 March 2014. (h) 13/02181/APP

VARY/REMOVE CONDITIONS 1 OF PLANNING CONSENT REF 12/00269/APP AND 3 OF PLANNING CONSENT REF 91/00216/FUL TO ALLOW FOR INDEFINITE USE OF POWERED AIRCRAFT MICROLIGHT AIRCRAFT AND MODEL AIRCRAFT AT HIGHLAND GLIDING CLUB, BIRNIE, ELGIN FOR HIGHLAND GLIDING CLUB

There was submitted a report by the Appointed Officer recommending that, subject to the conditions detailed in the report, planning permission be granted in respect of an application

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to vary/remove conditions 1 of planning consent ref 12/00269/APP and 3 of planning consent ref 91/00216/FUL to allow for indefinite use of powered aircraft, microlight aircraft and model aircraft at Highland Gliding Club, Birnie, Elgin for Highland Gliding Club. The Committee noted that the application had been referred to Committee in terms of the Scheme of Delegation because it is a „major‟ development, as the site exceeds 2 hectares. It was also noted that the application had been previously reported to this Committee and the Appointed Officer considered that significant amendments have been made to the proposal for the Committee to reconsider the development. The report advised that members of the Committee visited the site of the application on 21 February 2014. Mr Burnie, Principal Planning Officer (Development Management), suggested that consideration be given to deleting Condition 5 as there would be no requirement to continue to monitor flight movements should the application be approved on a permanent basis. This was agreed by the Committee. Following consideration the Committee agreed to grant planning permission as recommended, subject to the following conditions:- 1. The permission hereby granted to vary/remove the conditions as identified in the

description of the application provides for the indefinite use of powered aircraft, microlight aircraft and model aircraft activity and all said aircraft activity shall be operated and undertaken in accordance with the conditions as previously attached to formal decision notice 12/00269/APP and hereby re-iterated as conditions 2 - 7 below.

2. The only model aircraft allowed shall be electric powered, and such electric model

aircraft use shall only be permitted from 0900 to 1900 hours Monday to Friday and 1000 to 1900 hours Saturdays and Sundays. Electric model aircraft use may also be permitted between 1900 and 2100 hours Monday to Friday where the use of suitably silenced electric engines ensures that no aircraft noise will be audible at the boundary of the nearest noise sensitive property.

3. Electric model aircraft point of launch shall be at least 500 metres from the nearest

noise sensitive premises and during flying they shall be no closer than 200 metres from noise sensitive premises.

4. The use of powered aircraft and microlight aircraft shall be permitted daily between

0730 and 2100 hours, with no General Aviation take offs commencing after 2000 hours. In exceptional circumstances where normal flying times have been exceeded, e.g. in the event of an emergency, the planning authority shall be notified in writing within 7 days of the event.

5. There shall be no powered instruction flights. 6. No water shall be permitted to drain or loose material be carried onto the public

footway/carriageway. 7. The first 10m of the access track, measured from the edge of the public road, shall be

constructed to the Moray Council specification and surfaced with bituminous macadam.

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Reasons:-

1. To ensure an acceptable form of development in accordance with the applicant's

submission and after having regard to the character and effect of the aircraft activity since August 2012 upon the amenity of the surrounding locality.

2. In the interests of protecting residential amenity. 3. In the interests of protecting residential amenity. 4. In the interests of protecting residential amenity. 5. The repetitive take-off and landing patterns of such flights is likely to result in a

significant increase in nuisance. 6. To ensure acceptable development that does not create any hazard to road users in

the interests of road safety. 7. To ensure acceptable infrastructure at the development access. ELGIN CITY SOUTH: WARD 7 (i) 13/02309/APP

CONTINUING AND INDEFINITE USE OF EXISTING ANNEXE/MODULAR ACCOMMODATION AS PART OF SCHOOL AT THE ANNEXE, NEW ELGIN PRIMARY SCHOOL, BEZACK STREET, ELGIN FOR THE MORAY COUNCIL

There was submitted a report by the Appointed Officer recommending that, subject to the condition detailed in the report, planning permission be granted in respect of an application for continuing and indefinite use of existing annexe/modular accommodation as part of school at The Annexe, New Elgin Primary School, Bezack Street, Elgin for The Moray Council. The Committee noted that the application had been referred to Committee as the application is made by the Planning Authority. The report also advised that members of the Committee visited the site of the application on 21 February 2014. Following consideration, the Committee agreed to grant planning permission as recommended, subject to the following condition:- 1. The development hereby approved shall (with effect from 1 April 2014) be used solely

for education purposes and for curriculum uses in conjunction with New Elgin Primary School only, and for no other use or purpose without the prior permission of the Council, as planning authority.

Reasons:-

1. In accordance with the applicant's/agent's submitted particulars (email correspondence

29 January 2014 refers), to ensure an acceptable form of development in the interests of the amenities of the locality and consideration of transport effects of the development, and to retain control over the use of the accommodation and adjoining

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car park area and that consideration can first be given to the effects and impacts of uses other than that approved herewith.

FORRES: WARD 8

(j) 13/02190/APP

ERECTION OF NEW ZIP WIRE AND ASSOCIATED STRUCTURES AT EAST GRANGE LOFT, KINLOSS, FORRES FOR EAST GRANGE LOFT

There was submitted a report by the Appointed Officer recommending that, subject to the conditions detailed in the report, planning permission be granted in respect of an application for erection of new zip wire and associated structures at East Grange Loft, Kinloss, Forres for East Grange Loft. The Committee noted that the application had been referred to Committee in terms of the Scheme of Delegation because it is a „major‟ development, as the site exceeds 2 hectares. It was also noted that the application had previously been reported to this Committee and the Appointed Officer considered that significant amendments have been made to the proposal for the Committee to reconsider the development. The report advised that members of the Committee visited the site of the application on 21 February 2014. Following consideration, the Committee agreed to grant planning permission as recommended, subject to the following conditions: - 1. The rating level of noise associated with the development activity hereby approved ies

shall not exceed the background noise level by more than 5 dB(A) as determined at the nearest affected noise sensitive receptor. The method of measurement and assessment of this noise limit condition shall be in accordance with BS 4142:1997 method of rating industrial noise affecting mixed residential and industrial areas.

2. The permitted hours of operation of the zip wire shall be 1000 - 1900 hours, Monday

to Friday, and 1000 - 1700 hours, Saturdays and Sundays. 3. Prior to the commencement of any development:-

(a) A new passing place on the C5E East Grange - Spindle Muir Road, located approximately 485 m to the north-west of the A96, shall be provided widening the carriageway to a minimum of 5.5 m over a minimum length of 20 m long, with 10 m long tapers at either end. The passing place shall be constructed to the Moray Council Standards and Specification and surfaced with bituminous macadam; and

(b) The existing access to East Grange and The Loft shall be gated to prevent

vehicular access by the general public. Signage denoting 'No Entry' and/or 'Private Access' shall be erected in clear view of the public road. Access to East Grange and The Loft for the general public shall thereafter be taken via the existing vehicular access located approximately 200 m to the north-west of the junction of the C5E East Grange-Spindle Muir Road/U66E Newton of Struthers Road; and

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(c) A visibility splay of 2.4 x 120 m shall be provided and maintained at the vehicular access located approximately 200 m to the north-west of the junction of the C5E East Grange-Spindle Muir Road/U66E Newton of Struthers Road in both directions, clear of any obstruction above 0.6 m in height (measured from the level of the carriageway). The visibility splay shall be maintained for the lifetime of the development.

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

footway/carriageway.

Reasons:-

1. To ensure the activity permitted avoids a detrimental impact on residential amenity. 2. To ensure the activity permitted avoids a detrimental impact on residential amenity. 3. To enable drivers of vehicles to have adequate forward visibility to see approaching

traffic and for two vehicles to safely pass each other ensuring the safety and free flow of traffic on the public road, to ensure acceptable infrastructure is provided at the development access, and ensure an acceptable development that does not create any hazard to road users in the interests of road safety.

4. To ensure an acceptable development that does not create any hazard to road users in

the interests of road safety. (k) 13/01340/APP

CHANGE OF USE OF AGRICULTURAL BUILDINGS AND GROUND TO MIXED USE OF AGRICULTURAL BUILDINGS AND LAND FOR ZIPPETTES, LASER TAG, ARCHERY AND QUAD BIKING AND CHANGE OF USE OF WORKSHOP TO RECEPTION AND MEETING AREA AT EAST GRANGE LOFT, KINLOSS, FORRES FOR EAST GRANGE LOFT

There was submitted a report by the Appointed Officer recommending that, subject to the conditions detailed in the report, planning permission be granted in respect of an application for change of use of agricultural buildings and ground to mixed use of agricultural buildings and land for zipettes, laser tag, archery and quad biking and change of use of workshop to reception and meeting area at East Grange Loft, Kinloss, Forres for East Grange Loft. The Committee noted that the application had been referred to Committee in terms of the Scheme of Delegation because it is a „major‟ development, as the site exceeds 2 hectares. It was also noted that the application had previously been reported to this Committee and the Appointed Officer considered that significant amendments have been made to the proposal for the Committee to reconsider the development. The report advised that members of the Committee visited the site of the application on 21 February 2014. The Committee joined the Chair in encouraging applicants to work with objectors, local communities and the Council to address issues regarding their proposed development instead of undertaking unauthorised works.

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Following consideration, the Committee agreed to grant planning permission as recommended, subject to the following conditions:- 1. The development hereby granted shall relate to the amended drawing HHL

13018.EGL.P04 as received from the applicant's agent where all activities and uses as described (see LEGEND) shall take place only within the location(s) identified on the amended plan and none shall occur at all times within the two 50 m Neighbouring Property Exclusion Areas as identified in the drawing. In addition, no other use(s) or area(s) of land within the site shall take place or be used without the prior written permission of the Council as planning authority.

2. Prior to any use hereby approved commencing, including any or all uses occurring

within the area shaded BLUE on the amended drawing HHL 13018.EGL.P04, a permanent 1.0 m high (minimum) 5-strand post and wire fence shall be erected in accordance with the location and alignment of the "New Fence (details to be agreed with Planning Authority)" as identified on the amended drawing except for a 1m gap to be provided in the fence line where the fence crosses any public footpath as also identified on the amended drawing and at no time shall any fence be erected across or obstruct any footpath; and,

Thereafter, at all times:-

(i) all quad bike, laser tag, zipettes and archery uses shall be contained solely within the land shaded BLUE on the drawing and to the north and east sides of the fence;

(ii) no use(s) shall extend into the area to the west and south sides of the fence line,

nor occur within the 50 m exclusion area around Ty Crwn as identified; and (iii) both the fence shall be retained in situ and be maintained for the duration of the

development.

3. The rating level of noise associated any or all of the development activities hereby approved shall not exceed the background noise level by more than 5 dB (A) as determined at the nearest affected noise sensitive receptor. The method of measurement and assessment of this noise limit condition shall be in accordance with BS 4142:1997 method of rating industrial noise affecting mixed residential and industrial areas.

4. The permitted hours of operation of all laser tag, archery, zippette and quad biking

activities associated with the development shall be 1000 - 1900 hours, Monday to Friday, and 1000 - 1700 hours, Saturdays and Sundays.

5. Prior to the commencement of the development, all of the following shall be carried out:

(a) The existing passing place on the C5E East Grange - Spindle Muir Road located approximately 245 m to the north-west of the A96, shall be increased such that the carriageway is a minimum of 5.5 m in width over a minimum length of 20 m long, with 10 m long tapers at either end. The improvements to the passing place shall be constructed to the Moray Council Standards and Specification and surfaced with bituminous macadam;

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(b) A new passing place on the C5E East Grange - Spindle Muir Road, located approximately 485 m to the north-west of the A96, shall be provided widening the carriageway to a minimum of 5.5 m over a minimum length of 20 m long, with 10 m long tapers at either end. The passing place shall be constructed to the Moray Council Standards and Specification and surfaced with bituminous macadam; and

(c) The existing access to East Grange and The Loft shall be gated to prevent

vehicular access by the general public. Signage denoting 'No Entry' and/or 'Private Access' shall be erected in clear view of the public road. Access to East Grange and The Loft for the general public shall thereafter be taken via the existing vehicular access located approximately 200 m to the north-west of the junction of the C5E East Grange-Spindle Muir Road/U66E Newton of Struthers Road; and

(d) A visibility splay of 2.4 m x 120 m shall be provided and maintained at the

vehicular access located approximately 200 m to the north-west of the junction of the C5E East Grange-Spindle Muir Road/U66E Newton of Struthers Road in both directions, clear of any obstruction above 0.6 m in height (measured from the level of the carriageway). The visibility splay shall be maintained for the lifetime of the development.

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

footway/carriageway.

Reasons:-

1. To ensure an acceptable form of development in accordance with the applicant's

agent's submitted particulars, in the interests of residential amenity and to avoid nuisance from general disturbance as well as noise associated with the proposed activities, and to retain control over the use of the site and ensure that consideration can first be given to the effects and impact of uses other than those approved herewith.

2. To ensure an acceptable form of development in accordance with the applicant's

agent's submitted particulars, in the interests of residential amenity and to avoid nuisance from general disturbance as well as noise associated with the proposed activities.

3. To ensure the activities permitted avoid a detrimental impact on residential amenity. 4. To ensure the activities permitted avoid a detrimental impact on residential amenity.

5. To enable drivers of vehicles to have adequate forward visibility to see approaching traffic and for two vehicles to safely pass each other ensuring the safety and free flow of traffic on the public road, to ensure acceptable infrastructure is provided at the development access, and ensure an acceptable development that does not create any hazard to road users in the interests of road safety.

6. To ensure an acceptable development that does not create any hazard to road users in

the interests of road safety. ELGIN CITY SOUTH: WARD 7

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(l) 13/01969/APP

ERECTION OF 32 DWELLINGS ON SITE CF4 THORNHILL ROAD, ELGIN FOR SPRINGFIELD PROPERTIES PLC

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, subject to the conditions detailed in the report, planning permission be granted in respect of an application for erection of 32 dwellings on Site CF4 Thornhill Road, Elgin for Springfield Properties plc. The Committee noted that the application had been referred to Committee as the application relates to land in which the Planning Authority has a financial interest. The report also advised that Members of the Committee visited the site of the application on 21 February 2014.

In response to concerns regarding the height of the fence between the playing fields and the development, Mr Burnie, Principal Planning Officer (Development Management), suggested that delegated authority be given to officers to resolve concerns regarding fencing arrangements along northern boundary, including the height of fencing, in consultation with Chair and Deputy Chair. This was agreed by the Committee.

Referring to Planning Gain, the Chair requested a report on planning gain/developer contributions be submitted to a meeting of the Area Based Review Working Party prior to submission to the next meeting of this Committee for consideration. The Head of Development Services agreed to provide a report as requested. Thereafter, the Committee agreed to:- (i) grant planning permission as recommended, subject to the following conditions:- 1. The development hereby granted shall only be for affordable housing in accordance

with the agreement(s) reached between the applicant/developer and Moray Council and/or any registered social landlord (e.g. housing association or similar) to enable the long term delivery of affordable housing on this site; and no development shall commence until details of the agreement(s) to confirm the arrangements for the delivery of the proposed affordable accommodation hereby approved have been submitted to and approved in writing by the Council as planning authority.

2. No development shall commence until details of a scheme of hard and soft landscaping

works have been submitted to, and approved in writing by, the Council as planning authority. Details of the scheme shall include:-

A plan showing all existing landscaping features and vegetation on the site to be removed and retained;

All (soft) landscape planting works, including plans and schedules showing the location, numbers, species, position, and planting density sizes and distances of each tree and/or shrub to be undertaken;

All earthworks and existing and finished ground levels in relation to an identified fixed datum point, to include the proposed bund arrangement along the northern boundary of the site;

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The location and design, including materials and colouration of any existing or proposed walls, fences and gates to be erected within the site;

Thereafter, all landscaping works shall be carried out in accordance with the approved scheme.

3. All planting, seeding or turfing forming part of the approved landscape scheme shall be

carried out not later than the end of the first planting and seeding seasons following the first occupation of the houses, or completion of the building works whichever it the sooner. Any trees or plants which (within a period of five years from the planting) die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of similar size number and species unless the Council as planning authority gives written consent to any variation of this planning condition.

4. No development shall commence on site until a Construction Method Statement (CMS)

has been submitted and approved in writing by the Council as planning authority in consultation with SEPA. The CMS shall incorporate detailed pollution prevention and mitigation measures for all construction elements potentially capable of giving rise to pollution during all phases of construction and any reinstatement after construction. Thereafter, the development shall only proceed in accordance with the approved CMS.

5. No development of the development hereby approved shall be located and/or built

within the 1 in 200 year flood risk envelope as shown on the applicant's Site Layout drawing CF4/AFF/SL/01, either through built development or land re-profiling.

6 No development shall commence until details of a Surface Water Management Plan (SWMP) have been submitted to and approved by the Council, as planning authority in consultation with the Roads Authority, Moray Flood Risk Management and SEPA. The SWMP shall incorporate the principles of SUDs in accordance with the SUDs manual (C697) and Sewers for Scotland or any superseding guidance prevailing at the time of submission and include:-

the location, layout and design specifications for all required/proposed types of SUDS, to include one level of SUDS treatment for surface water run-off from roads, hard surfaces and roofs;

a phasing plan detailing the implementation of the development including SUDS arrangements;

the identification of discharge point(s) for the drainage system and evidence that the post-development discharge rate shall not exceed the pre-development discharge rate;

details of the intended maintenance regime for any private apparatus e.g. soakaways in garden plots;

a plan confirming the adopting authority (in perpetuity body (e.g. Scottish Water) or local authority) for each part of the surface water drainage system and details of any privately maintain apparatus e.g. soakaways in garden plots; and

plan(s) confirming the extent and details of the public realm which is intended to be put forward for adoption.

Thereafter, only the approved details shall be implemented and all surface water

drainage provision, as it relates to, or is relied upon by, an individual phase, shall be completed prior to the first occupation of any of the development within that phase.

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7. No development shall commence until details of the roof tile to be used on the dwellings hereby approved have been submitted to and approved in writing by the Council as planning authority. For the avoidance of doubt the roofs of all houses shall be a smooth, slate-effect tile, black or dark grey in colour.

8. No development shall commence until details have been submitted to and approved in writing by the Council as planning authority of the proposed finish(es) and timescale(s) for:-

(a) the provision of all cycle ways;

(b) all foot paths within the site; and

(c) the access to the site.

Thereafter, only the approved details shall be implemented. 9. Prior to any commencement on the houses within the site, the visibility splays and

forward visibility areas as shown on Drawing CF4/AFF/SL/01 Rev C shall be provided. Thereafter, the visibility splays and forward visibility areas shall be maintained clear of any boundary fences, hedges, walls or any other obstruction whatsoever over 0.6m in height in perpetuity.

10. No house shall be occupied until two car parking spaces (for a dwelling up to 3-

bedrooms) or three car parking spaces (for a dwelling of 4-bedrooms or more) have been provided and made available for use within each dwelling plot and thereafter, the parking arrangements shall be retained and maintained in perpetuity as parking spaces for use in conjunction with the dwellings hereby approved.

11. All driveways over service verges shall be constructed to accommodate vehicles and

shall be surfaced with bituminous macadam. 12. No boundary fences, hedges, walls or any other obstruction whatsoever over 1.0m in

height and fronting onto the public road shall be within 2.4m of the edge of the carriageway.

13. No water shall be permitted to drain or loose material be carried onto the public footway/carriageway.

14. New boundary walls/fences shall be set back from the edge of the public carriageway

at a distance of 2.0m. Reasons:-

1. To ensure an acceptable form of development in terms of the required provision and

delivery of provision of the affordable housing accommodation proposed for this site wherein the benefits of such provision are passed on to serve the community in future years.

2. In order that details consideration can be given to the landscaping of the site, to ensure that a high standard of landscaping is achieved and appropriate to the location of the site.

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

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

4. In order to minimise the impacts of necessary construction works on the environment. 5. To protect people and property from flood risk in accordance with Scottish Planning

Policy (2010). 6. To ensure adequate protection of the water environment from surface water run-off and

ensure that surface water drainage is provided timeously and complies with the principles of SUDS.

7. Details of the matters specified are lacking from the submission and to ensure an

acceptable development in the interests of amenity and appearance of the area. 8. To ensure suitable and timely provision of all-ability access arrangements. 9. To enable drivers of vehicles to have a clear view over a length of road sufficient to

allow safe exit, in the interests of road safety. 10. To ensure acceptable parking provision within the development.

11. To ensure an acceptable form of development is provided that does not create any

hazard to road users in the interests of road safety. 12. To ensure acceptable access and visibility is provided in the interests of road safety for

the proposed development and other road users. 13. To ensure an acceptable form of development is provided that does not create any

hazard to road users in the interests of road safety. 14. To ensure an acceptable form of development is provided that does not create any

hazard to road users in the interests of road safety; and (ii) delegate authority to officers to resolve concerns regarding fencing arrangements along

northern boundary, including the height of fencing, in consultation with Chair and Deputy Chair; and

(iii) note that a report on planning gain/developer contributions would be submitted to a

meeting of the Area Based Review Working Party prior to submission to the next meeting of this Committee for consideration.

Councillor Allan left the meeting at this juncture.

5. PLANNING ETC (SCOTLAND) ACT 2006: SCHEME OF DELEGATION Councillor Divers re-joined the meeting.

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Under reference to paragraph 2 of the minute of the special meeting of this Committee dated 26 May 2009, there was submitted a report by the Acting Corporate Director (Environmental Services) advising the Committee of changes introduced on 30 June 2013 by the Schemes of Delegation and Local Review Procedure (Scotland) Regulations 2013, and requesting the Committee to review the Scheme of Delegation which requires to be reviewed at intervals of no greater than every five years under the same regulations. The Chair moved that the discretion to refer to Committee where, for example, all ward members and the Chair consider that an application raises matters of wider community interest, be delegated to the Elected Members rather than the Appointed Officer. In response, the Head of Development Services and Mrs Scott, Legal Services Manager (Property & Contracts) advised that, in accordance with the Council‟s Scheme of Administration, Committees may delegate any of their functions to officers, with the option to do so in consultation with Elected Members, but they were unable to delegate authority directly to Elected Members and as such the Chair‟s motion was not competent. In response to the advice from the Head of Development Services and the Legal Services Manager (Property & Contracts), the Chair moved that the discretion to refer to Committee where, for example, all ward members and the Chair or Deputy Chair consider that an application raises matters of wider community interest, be delegated to the Head of Development Services, rather than the Appointed Officer. Councillor McDonald moved that the wording be amended to “…the Chair, whom failing, the Deputy Chair…” The Chair agreed to amend his motion accordingly and this was unanimously agreed by the Committee. Referring to paragraph 2 of the section “Major Development Applications” within the Scheme of Development, Councillor McDonald moved that the wording be amended to include “…development plan and not contained in an area zoned for more than 50 dwelling houses.” In response, the Legal Services Manager advised that the section entitled “Major Development Applications” was legislative wording and, as such, the Committee could not change the wording. She suggested that applications relating to a site designated for 50 or more dwellings within the Development Plan, regardless of whether the application is for all or part of the site, be exempt from delegation for determination by the Appointed Officer. This was agreed by the Committee. The Chair moved that recommendation (ii), in relation to high hedge notices, be deferred until the scheduled submission of a report on high hedges to this Committee in April. There being no one otherwise minded, the Committee agreed to:- (i) approve the revised Scheme of Delegation, as set out in Appendix 1, subject to the

following amendments:-

(a) discretion to refer to Committee where, for example, all ward members and the Chair or, whom failing, the Deputy Chair consider that an application raises matters of wider community interest be delegated to the Head of Development Services rather than the Appointed Officer; and

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(b) applications relating to a site designated for 50 or more dwellings within the Development Plan, regardless of whether the application is for all or part of the site, be exempt from delegation for determination by the Appointed Officer; and

(ii) submit the revised Scheme of Delegation to the Scottish Government for approval.

6. PLANNING ENFORCEMENT – REVIEW OF ENFORCEMENT CHARTER & ANNUAL UPDATE

Under reference to paragraphs 6 and 8 of the minutes of this Committee dated 18 October 2011 and 9 October 2012 respectively, there was submitted a report by the Acting Corporate Director (Environmental Services) reviewing the Enforcement Charter and providing an annual update on Planning Enforcement. A copy of the updated Enforcement Charter was provided as Appendix 1 of the report. Referring to paragraph 5.9 of the report, the Chair queried whether the Committee were required to agree the revised target for all new enquiries to be assessed within a period of 10 weeks up to the point of taking formal enforcement action or no further action. In response, Mrs Scott, Legal Services Manager (Property & Contracts) advised that if the Committee were agreeable, then this should be approved as part of the recommendations. Thereafter, the Chair moved that the Committee agree the recommendations and increase the target for all new enquiries to be assessed within a period of 10 weeks up to the point of taking formal enforcement action or no further action to 75%. There being no one otherwise minded, the Committee agreed:- (i) to note the contents of the report;

(ii) to increase the target for all new enquiries to be assessed within a period of 10 weeks

up to the point of taking formal enforcement action or no further action to 75%; and

(iii) the updated Enforcement Charter, as set out in Appendix 1 of the report.

7. DECOMMISSIONING FOR WIND TURBINES Councillor Alexander left the meeting during deliberation of this item. There was submitted a report by the Acting Corporate Director (Environmental Services) advising Committee of the current position on how decommissioning of wind turbines is dealt with through the planning consent process in Moray and how this accords with Scottish Government (SG) policy/advice, S36 consents issued by the Energy Consent Unit, decisions made by the Scottish Government‟s Directorate for Planning & Environmental Appeals (DPEA) following an appeal and other Scottish Local Planning Authorities. Councillor Tuke moved that the Council adopt East Ayrshire Council‟s approach on securing bonds for decommissioning and restoration of all onshore wind turbines, major sites and single turbines, as set out in Appendix 1 of the report.

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Following discussion, the Chair, acknowledging discontent with the current policy on decommissioning, moved that a further detailed report on decommissioning for wind turbines be submitted to a future meeting of this Committee, addressing matters including East Ayrshire‟s approach and other potential approaches on decommissioning and legal agreements that are put in place. In light of the Chair‟s motion, Councillor Tuke withdrew his motion. There being no one otherwise minded, the Committee agreed that a further detailed report on decommissioning for wind turbines be submitted to a future meeting of this Committee, addressing matters including East Ayrshire‟s approach and other potential approaches on decommissioning and legal agreements that are put in place.

8. CONSTRUCTION AND OPERATION OF 16 WIND TURBINES AT HILL OF TOWIE II NEAR DRUMMUIR, KEITH

There was submitted a report by the Acting Corporate Director (Environmental Services) asking Committee to consider a proposed response to a request for consultation from Scottish Government (Energy Consents and Deployment Unit) for a proposed application for consent under Section 36 of the Electricity Act 1989 (which includes a deemed planning permission) for the construction, operation and decommissioning of a proposed wind farm development near Drummuir (to be known as Hill of Towie II). Councillor Paul moved that the Committee do not submit an objection to the application and agree recommendations (iii) by making comment on the insensitive siting of Turbine 13, (iv) and (v). This was seconded by Councillor McConachie. As an amendment, the Chair, seconded by Councillor Tuke, moved that the Committee agree the recommendations, as set out in Section 2 of the report, making no additional comments on the proposal. On a division, there voted:- For the Motion (5): Councillors Paul, McConachie, Howe, McDonald and

McLean. For the Amendment (5): Councillors Ross, Tuke, Cowe, Divers and Wright. Abstentions (0) In terms of Standing Order 65 (e) and there being an equality of voting, the Chair exercised his casting vote in favour of the amendment. According, the amendment became the finding of the meeting and the Committee agreed agree the recommendations, as set out in Section 2 of the report, making no additional comments on the proposal. Mrs Scott, Legal Services Manager (Property & Contracts) suggested that delegated authority be given to officers, in the event of a Public Inquiry, to consult with the Chair and Deputy Chair on the most appropriate way to seek to represent the Council‟s objections at the Inquiry. This was agreed by the Committee.

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The Chair, noting correspondence issued to residents by the Applicant on potential benefits should planning permission be granted, moved that he write to the Applicant on behalf of the Committee to remind them of the Council‟s agreed supplementary Planning Policy Guidance on Onshore Wind Energy Guidance in regard to discussion of community benefits, financial or non-financial, in advance of an application coming before this Committee. This was seconded by Councillor Wright. As an amendment, Councillor McDonald moved that the Chair did not write to the Applicant on behalf of the Committee in regards to community benefit discussions. This was seconded by Councillor Paul. On a division, there voted:- For the Motion (5): Councillors Ross, Wright, Cowe, Divers and Tuke. For the Amendment (5): Councillors McDonald, Paul, Howe, McConachie and

McLean. Abstentions (0) In terms of Standing Order 65 (e) and there being an equality of voting, the Chair exercised his casting vote in favour of the motion. According, the motion became the finding of the meeting and the Committee agreed that the Chair to write to the Applicant on behalf of the Committee to remind them of the Council‟s agreed supplementary Planning Policy Guidance on Onshore Wind Energy Guidance in regard to discussion of community benefits, financial or non-financial, in advance of an application coming before this Committee. Thereafter, the Committee agreed: (i) to note the contents of the report, as set out in Appendix A of the report, including the

conclusions about the planning merits of the development where notwithstanding material considerations as advanced by the applicant, the landscape and visual impact of the proposed wind farm development at Hill of Towie II is considered to be unacceptable and contrary to planning policy;

(ii) that in responding to the consultation request from Scottish Government, confirm its‟

wish to lodge an objection to the proposed development on the basis of the report, in particular in terms of the considered unacceptable landscape and visual impacts that would arise from the location, height and number of turbines on the site;

(iii) to advise the Scottish Government that, in the event of the submission of further

supplementary information and/or revisions made to the design and layout of the proposed development, the Council would wish to be consulted and have the opportunity to comment on any such changes;

(iv) that in the event of approval and prior to determination requests that the Council be

consulted on proposed conditions to be attached to any consent;

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(v) delegate authority to officers, in the event of a Public Inquiry, to consult with the Chair and Deputy Chair on the most appropriate way to seek to represent their objections at the Inquiry; and

(vi) that the Chair to write to the Applicant on behalf of the Committee to remind them of the Council‟s agreed supplementary Planning Policy Guidance on Onshore Wind Energy Guidance in regard to discussion of community benefits, financial or non-financial, in advance of an application coming before this Committee.

9. APPLICATION FOR SECTION 36 CONSENT FOR PROPOSED WIND FARM DEVELOPMENT AT CAIRN DUHIE FOR RES UK & IRELAND LTD

There was submitted a report by the Acting Corporate Director (Environmental Services) asking Committee to consider a response to a request for consultation from the Scottish Ministers for an application for consent under Section 36 (S.36) of the Electricity Act 1989 as amended (which includes a deemed planning permission) to construct and operate a proposed wind farm development at Cairn Duhie, which is located in the Highland Council area. During discussion, and in terms of Standing Order 25, the meeting agreed to suspend Standing Orders and continue beyond 12.45pm in order to conclude the consideration of business. Councillor Tuke, seconded by the Chair, moved that the Committee agree the recommendations, as set out in Section 2 of the report, making no additional comments on the proposal. Mrs Scott, Legal Services Manager (Property & Contracts) suggested that delegated authority be given to officers, in the event of a Public Inquiry, to consult with the Chair and Deputy Chair on the most appropriate way to seek to represent their objections at the Inquiry. This was agreed by the Committee. There being no one otherwise minded, the Committee agreed:- (i) to note the contents of the report, including Appendix A of the report, where

notwithstanding material considerations as advanced by the applicant and having regard to the number, location and height of the turbines, the proposed wind farm at Cairn Duhie is inappropriately sited and would have a significant adverse landscape and visual effect upon the Moray landscape;

(ii) in responding to the consultation request from the Scottish Ministers, as set out in

Appendix A of the report, to object to the proposed development on the basis of the report, in particular in terms of the significant adverse landscape and visual effects upon the A940/A939 road, a key scenic and western approach to Moray and the „landmark hill‟, Knock of Braemoray that would arise from the location, number and height of turbines on Cairn Duhie;

(iii) in the event of Scottish Ministers deciding to hold an inquiry or similar, confirmed that

the Council would wish to take part in any such further procedure and delegated authority to officers, in the event of a Public Inquiry, to consult with the Chair and

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Deputy Chair on the most appropriate way to seek to represent their objections at the Inquiry; and

(iv) that it would wish to be consulted over any amendments to the design and layout of the development and, without prejudice to any formal decision, any conditions that may be attached in any granting of consent for the development.

10. QUESTION TIME

Councillor Wright, on behalf of Councillor Alexander, queried whether a timetable could be provided on the demolishment of the court building in Forres. In response, Mrs Scott, Legal Services Manager (Property and Contracts) advised that officers would speak to Councillor Alexander directly to clarify the matter and respond accordingly. Referring to RES UK & Ireland Ltd‟s conduct regarding community benefit in relation to their application for Hill of Towie II, Councillor McConachie requested that the issue of community benefit be brought to this Committee for action or that the Chair represents the Committee on whichever working party or Committee is addressing the matter. The Chair expressed agreement that the matter needed resolved whether it was by this Committee or another and noted that a Community Benefit Working Party had been set up and had only met once. He advised that the Head of Development Services was reviewing the matter. Councillor McLean sought assurances that a report would be submitted to this Committee on planning gain. The Chair gave assurances that a report would be submitted to the Area Based Review Working Party and would form part of the agenda for the next meeting of this Committee.

11. TRIBUTE

In noting that this would be the last Committee meeting of the Council prior to Kaye Nicolson leaving the Press and Journal to take up a new post in Edinburgh, the Committee joined the Chair in paying tribute to Miss Nicolson for her contribution to the delivery of news in Moray and wished her well for the future.