ELECTRICITY ACT 1989 AND by lwIAX807

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									                       ELECTRICITY ACT 1989 AND
             TOWN AND COUNTRY PLANNING (SCOTLAND) ACT 1997

     CONSENT AND DEEMED PLANNING PERMISSION BY THE SCOTTISH
      MINISTERS FOR THE CONSTRUCTION AND OPERATION OF THE
                            GRIFFIN
         WIND POWERED ELECTRICITY GENERATING STATION
                               IN
                       PERTH AND KINROSS


Consent and deemed planning permission

1.      The Scottish Ministers, in exercise of the powers conferred by section 36 of the
Electricity Act 1989 and section 57(2) of the Town and Country Planning (Scotland) Act
1997 and of all other powers enabling them in that behalf hereby: -

       1.1    consent, subject to the conditions set out in paragraphs 5.1 to 5.5 to the
              construction and operation by the Company of the Griffin wind powered
              electricity generating station , as described in paragraph 4 below; and

       1.2    direct, subject to the conditions set out in paragraphs 6 to 6.62, that planning
              permission for the Development shall be deemed to be granted.

Determination

2.     In reaching their decision, the Scottish Ministers have taken into account the
environmental information submitted with the Application, made in the Environmental
Statement and subsequent Addendum, the representations made by statutory consultative
bodies and others, in accordance with the Electricity Works (Environmental Impact
Assessment) Regulations 2000; the Application; objections and representations received;
SPP6; and Scottish Government energy and climate change policy.

3.     As the Planning Authority objected to the proposals, the Application was referred to
Public Local Inquiry (PLI). As a result, the Scottish Ministers have considered the Reporter’s
findings and conclusions together with other material considerations. In reaching their
decision they have had regard to all relevant considerations and, subject to the conditions of
this consent and deemed planning permission, are satisfied that it is appropriate for the
Company to construct and operate the generating station in the manner set out in the
Application. The Scottish Ministers also note that the development is consistent with
Government policy on the promotion of renewable energy.


Description of Development

4.    The development shall have a maximum capacity of 204 MW and shall comprise a
wind-powered electricity generating station at Griffin in Perthshire, including:




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       i)     not more than a total of 68 turbines - 61 turbines having a height to blade tip
       not exceeding 124 metres, with the other 7 turbines (TA 17, TA 41, TA 42,
       TA 43, TA 46, TA 47 and TA 53) having a height to blade tip not exceeding 114
       metres. These turbine locations and agreed heights correspond to the turbines
       annotated in amendment Figure A2 annexed to this consent;

       ii)     all necessary wind turbine transformers and housings;
       iii)    site tracks and foundations;
       iv)     6 anemometry masts;
       v)      a switchgear building;
       vi)     a grid connection compound site substation; and
       vii)    appropriate cabling and ducting,

All as specified in the Application and the Environmental Statement, and references in this
consent and deemed planning permission to the “Development” shall be construed
accordingly.


Conditions of section 36 consent

5.      The consent granted in accordance with section 36 of the Electricity Act 1989 is
subject to the following conditions:

5.1     The consent is for a period from the date of this consent until the date occurring
25 years after the date of the Final Commissioning of the Development. Written confirmation
of the date of the Final Commissioning of the Development shall be provided to the Planning
Authority and to Scottish Ministers no later than 1 calendar month after that event.

Reason: To define the duration of the consent

5.2     The Commencement of the Development shall be no later than 5 years from the date
of this consent, or such other period as the Scottish Ministers may hereafter direct. If this
does not occur by the end of such period, then by no later than the date occurring 6 months
after the end of the period, the Site and the ground shall be fully reinstated by the Company to
the specification and satisfaction of the Scottish Ministers following consultation with the
Planning Authority.

Reason: To make sure work is undertaken within a reasonable time period.

5.3    Within 12 months after the end of the period of the consent as provided for in
condition 5.1, those parts of the Development requiring decommissioning and restoration in
accordance with the conditions of this consent shall be removed and the land restored, in
accordance with the decommissioning scheme and detailed restoration and aftercare scheme
required by conditions 6.48 to 6.51.

Reason: to limit the lifetime of the Development.




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5.4. The Company shall not be permitted to assign the consent set out in paragraph 1.1
above without the prior written authorisation of the Scottish Ministers. The Scottish Ministers
may grant consent (with or without conditions) or refuse such authorisation as they may, in
their own discretion, see fit. The consent shall not be capable of being assigned, alienated or
transferred otherwise than in accordance with the foregoing procedure.

Reason: To ensure all responsibilities under the consent are satisfied, if transferred.

5.5 In the event of a serious Health and Safety, Environmental or Planning incident
occurring on site during the period of consent, the applicant must notify Scottish Ministers
within 24 hours of the incident occurring.

Reason: To ensure Scottish Ministers are informed of a serious incident occurring on site.


Planning Conditions

6.     The development shall be undertaken in accordance with the Application,
Environmental Statement and Amendments or as subsequently agreed in writing by the
Planning Authority, the direction set out in paragraph 1.2 is subject to the following planning
conditions;

Timing

6.1      In the event that any wind turbine installed and commissioned fails to produce
electricity on a commercial basis to the public network for a continuous period of 12 months,
from 50% or more turbines installed and commissioned then, unless otherwise agreed in
writing with the Planning Authority after consultation with SNH, such wind turbine shall be
deemed to have ceased to be required. If deemed to have ceased to be required, the wind
turbine and its ancillary equipment shall be dismantled and removed from the site by the
Company by no later than the date occurring 12 months after the end of the said continuous
12 months period, and the ground fully reinstated to the specification and satisfaction of the
Planning Authority after consultation with SNH.

Reason: To ensure the turbines are removed from the site at the end of their operational life, and to
protect the character of the countryside and the visual amenity of the area.

6.2    All construction activities, except any post-construction site restoration works and
timber felling works, shall be completed within 36 months of the date of Commencement of
the Development.

Reason: To ensure an ordered progression of the development.

6.3    No section of the development hereby authorised shall be commenced until a strategy
for the restoration of the site, (the "Post Construction Restoration Statement") has been
submitted by the Company and approved by the Planning Authority.

Reason: In the interests of visual amenity.




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6.4. All temporary contractors' site compounds shall be removed and the land reinstated in
accordance with the "Post Construction Restoration Statement" as described in Condition 6.3
no later than 3 months following the commissioning of the development.

Reason: To ensure temporary compounds do not leave a footprint on site.

Design

6.5. Each turbine shall be erected in the positions indicated on Figure A2 of the
Environmental Statement. A variation of the indicated position of any turbine on the said
Figure A2 by up to 25 metres shall be permitted. Any variation greater then 25 metres shall
require the approval of the Planning Authority in consultation with the appointed
Archaeologist and SNH.

Reason: To ensure that any micro-siting is employed so that areas of high nature
conservation are avoided and in the interests of residential amenity.

6.6. No work shall commence on construction of the turbine towers and all ancillary
elements (including, transformers, switch gear and control building, compound and fencing)
until approval has been obtained from the Planning Authority of the details including colours
and external finishes of the turbines and all ancillary elements; thereafter the whole
development shall be implemented in accordance with these details as approved.

Reason: In the interest of visual amenity

6.7. Prior to the commencement of development, the Company shall submit and the
Planning Authority shall approve a TV & Radio Reception Mitigation Plan. The Plan shall
provide for a baseline TV reception survey, to be carried out prior to commencement of
turbine installation, the results of which shall be submitted to the Planning Authority. Within
12 months of the commissioning of the development, any claim by any individual person for
a TV picture loss or interference at their house, office, shop or other building, shall be
investigated by a qualified engineer and the results submitted to the Planning Authority.
Should any impairment to the TV signal be attributable to the wind farm, the Company shall
remedy such impairment so that the standard of reception at the house, office, shop or other
building is maintained.

Reason: To protect the amenities of the adjacent residents.

6.8. Track running widths shall generally be no greater than 5 metres wide, except where
passing places or turning is required, unless otherwise shown on approved plans or otherwise
agreed in writing by the Planning Authority.

Reason: To minimise disruption to habitats and the visual impact of the access tracks.

6.9. Reinstatement of any internal access track shall be made good according to the Post
Construction Restoration Statement referred to in Condition 6.3, using the materials and
vegetation seed mixes identified in the restoration plan unless otherwise agreed by the
Planning Authority.

Reason: To minimise the visual impact of the access tracks.


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6.10. All electricity and control cables between the turbines, substations and control
buildings shall be laid underground alongside tracks which are to be constructed on the site
unless otherwise agreed with the Planning Authority.

Reason: To minimise disruption to habitats.

6.11. Prior to commencement of the development full details of the location, extent and
means of working the borrow pits shall be submitted by the Company and agreed and
thereafter implemented to the satisfaction of the Planning Authority. Rock crushing activities
will be carried out according to the Post Construction Restoration Statement referred to in
Condition 6.3.

Reason: In the interests of visual amenity and to ensure the borrow pits do not leave a
footprint on site.

6.12. All turbines shall be of a 3 bladed design and shall rotate in the same direction when
generating. Each turbine shall be supplied by the same manufacturer, have the same design of
tower and nacelle, and be of the same colour and finish. The use of logos on turbine blades,
towers or nacelles is prohibited.

Reason: To ensure that the wind farm matches and thereby maintains the visual quality
of the area.

6.13. The wind turbines shall not be illuminated externally, except as required by any
regulation or legislation, including civil aviation and to comply with safe working practices
and health and safety regulations during construction and any maintenance activities.

Reason: In the interests of visual amenity.

6.14. Bulk oil shall not be stored on site without the prior written approval of the Planning
Authority.

Reason: To limit risk of pollutant contamination.


Method Statements

6.15. Prior to the commencement of the development, plans to a scale of 1:500 shall be
submitted to the Planning Authority showing the location of any site compound or
contractor's laydown area or area where any fuel, oil, lubricant, paint or solvent is stored on
site and required temporarily in connection with the construction of the development. No
work shall commence on site until the Company has obtained written approval from the
Planning Authority of a Construction Method Statement which shall cover all the activities
specified below. Thereafter; the Construction Method Statement as approved, by the Planning
Authority in consultation with SNH and SEPA, shall be implemented. The Construction
Method Statement shall cover:




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       a) Track, construction. This method statement shall assume that the Company will
       use geo-textile floating track construction over all areas of peat where the peat depth
       exceeds 1 metre and "floating tracks" should be at a gradient of 1:10 or under. If
       tracks cannot be implemented at this gradient, full details of proposed alternative
       layouts and routes should be submitted to the Planning Authority, in consultation with
       Scottish Natural Heritage, for approval prior to the commencement of the track. This
       method statement will also address the issues of track restoration and 'cut and fill'
       heights/widths;

       b) A track construction/reinstatement plan;

       c) A peat and soil stripping management plan including the mineral and slope stability
       of the site and outlining the storage and proposed use and replacement of peat, topsoil
       and subsoil. The scheme shall have regard to the drainage implications of soil
       movement and storage;

       d) The height and location of all stockpiles of roadstone following approval by the
       Planning Authority of their location;

       e) Oil spill contingencies, foul drainage and surface water drainage arrangements:

       f) Concrete batching and handling;

       g) A dust management plan; and

       h) Water abstraction.

Reason: To ensure compliance with all commitments made in the Environmental Statement
and subsequent schemes developed following the consultation process and to ensure
necessary contingencies are in place and to minimise pollution risks arising from
construction activities.


Archaeology

6.16. Prior to the commencement of development, an independent and suitably qualified
archaeologist, the Archaeological Clerk of Works, shall be appointed, at the expense of the
Company, to oversee, on behalf of the Planning Authority, the construction of the wind farm
and the implementation of all archaeology related planning conditions. The appointed
Archaeological Clerk of Works shall undertake a watching brief during construction and shall
remain appointed throughout the construction of the development and up to the completion of
the agreed programme of works under the Post-Construction Restoration Statement.

Reason: In order to safeguard archaeological interests and ensure an ordered progression of
development.




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6.17. Prior to the commencement of development, an Archaeological Mitigation Plan shall
have been submitted to and been approved in writing by the Planning Authority. The
development shall be implemented in accordance with the approved Archaeological
Mitigation Plan. The Archaeological Mitigation Plan shall include:

•      proposals for the avoidance and fencing of known archaeological features;
•      proposals for a targeted watching brief during development; and
•      proposals for suspension of work, excavation and further analysis, recording and
       publication as may be necessary where avoidance is not possible.

Reason: In order to safeguard archaeological interests.

6.18. For all tracks on Figure A2 a variation of their indicated position by up to 10 metres
shall be permitted. A variation of up to 25m shall be permitted subject to approval by both the
appointed Archaeological Clerk of Works and the Ecological Clerk of Works. A variation of
greater than 25 metres shall only be permitted following written approval of the Planning
Authority, in consultation with SNH and the appointed Archaeologist.

Reason: In order to safeguard heritage interest.

Ecology

6.19. Prior to the commencement of development, an independent and suitably qualified
ecologist, the Ecological Clerk of Works, shall be appointed, at the expense of the Company,
to oversee, on behalf of the Planning Authority in consultation with SNH, the construction of
the wind farm and the implementation of all ecology related planning conditions. The
Ecological Clerk of Works shall undertake a watching brief during construction and shall
remain appointed throughout the construction of the development and up to the completion of
the agreed programme of works under the Post Construction Restoration Statement. Where
protected species are found the Ecological Clerk of Works will ensure that work is suspended
at that location until such time as the Planning Authority, in consultation with SNH, has
agreed measures designed to safeguard the protected species and those measures have been
implemented within timescales agreed in writing by the Planning Authority in consultation
with SNH. The scope of the works of the Ecological Clerk of Works shall include:

1) monitoring compliance with the ecological mitigation works approved in this consent;
2) advising the Company on adequate protection of nature conservation interest on the Site,
including altering construction practices if these practices are having adverse impacts on the
natural heritage; and
3) advising on the micro-siting of turbines and tracks.

Reason: In order to safeguard ecological interests and ensure an ordered progression
of development.




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6.20. Prior to any construction works commencing, an ecologist approved by the Planning
Authority in consultation with SNH shall carry out a protected mammal species survey and
based on the findings of this survey, the company shall submit a management plan for the
approval of the Planning Authority. This plan shall include mitigation measures designed to
safeguard protected mammals within and adjacent to the operational areas of the site.
Thereafter the measures shall be implemented within timescales agreed in writing by the
Planning Authority in consultation with SNH.

Reason: To protect mammal species

6.21. Prior to any construction works commencing, an ecologist approved by the Planning
Authority in consultation with SNH shall carry out a survey of protected breeding moorland
birds between the months of 1 April and 30 June inclusive within that part of the Site where
construction works are to take place and the results of the survey shall be submitted to the
Planning Authority. If breeding birds are found, details of the measures to be taken to protect
such breeding birds shall be submitted to the Planning Authority for approval in consultation
with SNH and such other parties as the Planning Authority consider appropriate. Thereafter
the measures shall be implemented within a timescale to be determined by the Planning
Authority.

Reason: To protect wildlife species

6.22. Prior to construction works commencing, specific surveys for divers shall be carried
out by a competent independent ecologist in respect of Loch Creagh. In the event that
breeding divers are identified or in the event that the breeding status is not confirmed:

       • construction of access tracks, sub-stations and winning of stone from borrow pits
       shall not be permitted within 900m of the Loch during the breeding season
       (15th April - 31st July inclusive);

       • a protocol will be established to the approval of the Planning Authority, in
       consultation with SNH, restricting on-foot movement of any construction workers
       (and their dogs) within 600m of Loch Creagh, but noting that this restriction does not
       apply to vehicles.

       • in addition, felling of forestry for the wind farm shall be no closer to Loch Creagh
       than as shown in Figure A4 of the Environmental Statement. No construction
       compound shall be permitted within 900m of Loch Creagh.

Reason: To protect wildlife species.

6.23. Prior to the commencement of the development, the Company will submit an
Operational Protocol for approval by the Planning Authority in consultation with SNH and
the RSPB, which will detail the procedures for access for wind farm staff for turbine, track
and other infrastructure maintenance and operational requirements, during the bird breeding
season and in proximity to potential nesting sites for hen harrier and divers. The Operational
Protocol will also address interpretation and visitor management to encourage responsible
public access during the bird breeding season.




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Reason: To minimize impacts upon hen harriers and divers during the operation of
the wind farm.

   6.24. The Company shall undertake six years of ornithological monitoring following the
   Final Commissioning of the Development, which shall be detailed in an Ornithological
   Monitoring Plan, which must be submitted to and approved by the Planning Authority,
   with the methods employed to be agreed with SNH. The Plan should detail the following
   requirements;

          Monitoring of breeding birds annually for a period of 3 years following the Final
           Commissioning of the Development. The findings of this monitoring shall be used
           to inform the implementation and refinement of the Land Management Plan as
           detailed in condition 6.47.

        Monitoring of breeding birds five yearly intervals, at 5, 10 and 15 years following
          the Final Commissioning of the Development. The findings of this monitoring
          shall be used to inform the Decommissioning and Restoration Statement.

   The findings of these ornithological monitoring surveys shall be collated into two reports,
   at three and fifteen years after the Final Commissioning of the Development; and all of
   the original data collected, and the reports, shall be made available to the Scottish
   Government, the Planning Authority and SNH.

Reason: To protect wildlife species.


6.25. Prior to the start of any work affecting watercourses, the Company shall arrange a
survey to determine the presence of migratory fish, and the results of the survey shall be
submitted to the Planning Authority. Should any watercourse, where the presence of
migratory fish has been established by the said survey be likely to be significantly adversely
affected by the proposed works, then measures to avoid the adverse impacts shall be
submitted for the approval of the Planning Authority in consultation with SNH and SEPA and
such other parties as the Planning Authority consider appropriate. Thereafter, avoidance
measures as approved shall be implemented within a timescale to be approved by the
Planning Authority. Notwithstanding the terms of this condition, any culvert to be
constructed on the site shall be designed so as to ensure the free passage of fish, otters and
water voles. In the absence of an approved scheme which specifically provides for it, no
construction work or vehicular activity is to take place within 10 metres either side of a
watercourse.

Reason: In the interests of nature conservation.

6.26. Before the end of the operational period, an independent assessment by a suitably
qualified ecologist, named and approved by the Planning Authority in consultation with SNH
and SEPA, shall be made of habitat quality within the Land Management Plan area and any
mitigation measures implemented as approved to the satisfaction of the Planning Authority.

Reason: To protect priority habitat.




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Noise

6.27. Construction work, which is audible from the boundary of any noise sensitive
residential property, shall not take place outwith the hours of 07.00 - 19.00 on Monday to
Friday inclusive, 07.00 - 13.00 on Saturdays or on national public holidays unless otherwise
agreed by the Planning Authority. Outwith these said hours, development at the site shall be
limited to turbine commissioning, emergency works, dust suppression and the testing of plant
and equipment, or construction work that is not audible from any noise sensitive property
outwith the site. The receipt of any materials or equipment for the construction of the site, by
track, other than turbine blades, nacelles and towers, is not allowed outwith the said hours,
unless otherwise agreed by the Planning Authority having been given a minimum of two
working days notice of the occurrence of the proposed event.

Reason: To minimise disturbance and protect the amenity of nearby residents.

6.28. At the reasonable request of the Planning Authority the Company shall, at its expense,
employ an independent consultant approved by the Council to measure and assess the level of
noise emissions from the wind turbine generators following the procedures described in the
annexed guidance attached to these conditions. (Guidance for Noise Conditions Sections A
and B)

Reason: To minimise disturbance to residents in the vicinity of the wind farm.

6.29. The level of noise emissions from the combined effects of the wind turbine generators
when measured in accordance with section A of the guidance notes shall not exceed the
levels set out in the table in the Annexed to these conditions. (Guidance for Noise Conditions
Sections A and B)

Reason: To minimise disturbance to residents in the vicinity of the wind farm.

6.30. At the reasonable request of the Council the operator of the development shall, at its
expense, employ an independent consultant approved by the Council to measure and assess
the tonal noise of the development in accordance with the procedure described in section B of
the guidance notes. If, at any noise sensitive property, the tonal noise from the combined
effect of the wind turbines generators exceeds the threshold of audibility:-

        (a) by more than 2.0dB but less than 6.5dB a penalty of (5/6.5 x Audibility)dB shall
        be added to the noise level derived for that property in accordance with section A of
        the guidance notes.

        (b) by more than 6.5dB a penalty of 5dB shall be added to the noise level derived for
        that property in accordance with section A of the guidance notes.

Reason: To minimise disturbance to residents in the vicinity of the wind farm.




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6.31. The wind farm operator shall log wind speed and wind direction data at a grid
reference to be approved by the Council as Planning Authority to enable compliance with
conditions 6.27 and 6.29 to be monitored. This wind data shall include the wind speed in
metres per second (ms) and the wind direction in degrees from north for each 10 minute
period. At the reasonable request of the Planning Authority the recorded wind data, measured
at 10m height above ground level and relating to any periods during which noise monitoring
took place or any periods when there was a specific noise complaint, shall be made available
to them. Where wind speed is measured at a height other than 10m, the wind speed data shall
be converted to 10m height, accounting for wind shear by a method the details of which shall
also be provided to the Planning Authority. At the reasonable request of the Planning
Authority the wind farm operator shall provide a list of ten-minute periods during which any
one or more of a relevant set of turbines was not operating normally. This information will
only be required for periods during which noise monitoring in accordance with conditions
6.28 and 6.30 took place. The "relevant set" and "normal operation" are defined in the
guidance notes.

Reason: to minimise disturbance to residents in the vicinity of the wind farm.

6.32. No blasting shall be carried out on the site except between the following times: 10:00
and 12:00 hours and 14:00 and 16:00 hours on Mondays to Fridays and 10:00 and 12:00
hours on Saturdays. There shall be no blasting or drilling operations on Sundays, Bank
Holidays or national public holidays. The above conditions 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.

Reason: In the interests of amenity and public safety.

6.33. Prior to the commencement of blasting operations, details of methods to be employed
to minimise air overpressure and ground vibration as a result of blasting operations shall be
submitted to the Planning Authority for written approval. All blasting operations shall take
place only in accordance with the scheme as approved or with such subsequent amendments
as may receive the written approval of the Planning Authority.

Reason: In the interests of amenity and public safety.

6.34. Fixed and mobile plant which incorporates bleeping type warning devices used within
the site during the construction period shall not be audible at the nearest noise sensitive
property outwith the approved working hours set out in Condition 6.27. Where the use of
audible devices is essential on the grounds of health and safety, outside the working hours
defined in Condition 6.27, only devices having a warbling character shall be used.

Reason: to minimise disturbance to residents in the vicinity of the wind farm.




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Roads

6.35. Prior to the Commencement of Development and over the period of construction,
where deemed necessary, the A822 and A826 shall be improved by means of passing
places/strip widening at locations to be agreed with the Planning Authority in consultation
with the relevant Roads Authority. All works shall be carried out to the standard and
specification and satisfaction of the Planning Authority and/or relevant Roads Authority.

Reason:In the interests of pedestrian and traffic safety and in the interests of free traffic flow.

6.36. The details of the new site access from the public road shall be agreed with the
Planning Authority and constructed prior to the Commencement of the Development on site
to the satisfaction of the Planning Authority, except that works not requiring upgrading of the
entrance can be commenced earlier, subject to the approval of the Planning Authority.

Reason:In the interests of pedestrian and traffic safety and in the interests of free traffic flow.

6.37. Prior to the Commencement of the Development the applicant shall enter into a
maintenance agreement under Section 96 of the Roads (Scotland) Act 1984, as amended or
any re-enactment thereof, in respect of the A822 and A826, whereby a baseline survey of the
road shall be completed and agreed by the Company and the Planning Authority and
thereafter the road shall be inspected on a regular basis by the appropriate Council officers
and repairs attributable to the wind farm traffic carried out to the timescale and standards
specified and to the satisfaction of the Planning Authority.

Reason:In the interests of pedestrian and traffic safety and in the interests of free traffic flow.

6.38. Prior to the Commencement of Development the A822 and A826 shall be
strengthened where required for the proposed wind farm traffic to meet the specified
requirements of the Planning Authority and/or the relevant Roads Authority.

Reason: In the interests of pedestrian and traffic safety and in the interests of free traffic flow

6.39. Prior to the Commencement of Development the applicant shall enter into an
agreement with the Planning Authority in consultation with the relevant Roads Authority in
respect of:

        a) the temporary removal or lowering of bridge parapets, boundary walls and
        structures adjacent to the public highway;
        b) the temporary hardening of verges;
        c) the relocation, removal and temporary re-siting of road signs and other
        street furniture;
        d) the provision of advanced warning signs and temporary barriers, which
        shall be in accordance with Chapter 8 of the Traffic Signs Manual ;
        all to aid the passage of abnormal loads and construction vehicles

Any temporary works shall be restored to the satisfaction of the Planning Authority.

Reason: In the interests of pedestrian and traffic safety and in the interests of free traffic flow




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6.40. Prior to the Commencement of the Development the applicant shall agree a traffic
management scheme with the Planning Authority in consultation with the Roads Authority in
accordance with the Roads Traffic Act 1982 and the Council's procedure for Abnormal Loads
Routing, to the satisfaction of the Planning Authority.

Reason: In the interests of pedestrian and traffic safety and in the interests of free traffic
flow.


6.41. The site access track and public road shall be kept free from mud, debris etc. at all
times and suitable wheel cleaning facilities shall be provided within the site to prevent the
deposition of mud, debris, etc on to the public road to the satisfaction of the Planning
Authority.

Reason: In the interests of pedestrian and traffic safety and in the interests of free traffic flow


6.42. A wheel and chassis wash facility which operates on a closed cycle shall be installed
at a location determined by the Planning Authority. Thereafter, this facility shall be operated
throughout the construction period.

Reason: To ensure all vehicles leaving the site will not emit dust or deposit mud,
slurry or other deleterious material on the adjoining public highway.


6.43. The clearance of snow from access tracks will be by mechanical means only unless
otherwise agreed in writing by the Planning Authority.

Reason: To minimise the environmental impact of snow clearing operations by
avoiding the use of chemicals or salt wherever possible.


6.44. Prior to the commencement of any works to improve the A822 and A826 a scheme
(including hours of working) to protect nearby residential properties from noise and vibration
arising from these works shall be submitted to and approved by the Planning Authority. The
scheme as approved will be implemented prior to the start of works on the wind farm site and
all costs will be met by the Company.

Reason: In the interests of residential amenity.




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Water

6.45. Prior to any construction works or felling, a Surface and Groundwater Management
Plan covering water treatment and the means of drainage from all hard surfaces and structures
within the site shall be submitted by the Applicant for the approval of the Planning Authority,
in consultation with SEPA. For the purposes of this Condition, "hard surfaces" includes
internal access tracks, construction and laydown areas, turbine pads and crane pads. The
details to be submitted shall indicate the means of protecting groundwater and diverting
surface water run-off, and shall allow for the recharging of peat areas within the site and any
necessary mitigation measures to be implemented within a timescale to be agreed by the
Planning Authority. An element of the Surface and Groundwater Management Plan will
relate to the maintenance of the quantity and quality of water supplied from any spring or
borehole which serves residential property in the area around the development site has been
submitted and agreed by the Planning Authority. Watercourses should be monitored before,
during and after construction and should include as a minimum such matters as turbidity,
Specific Electrical Conductivity (SEC) and major ions. At least two sets of samples shall be
taken before any development takes place in order to establish baseline conditions. Daily
monitoring of SEC and turbidity will, as minimum, be required. The company shall fully
implement its obligations under the approved Surface and Groundwater Management Plan
and the reasonable costs of implementing the plan shall be borne by the company. The Plan
shall include any mitigation measures to prevent movement of concrete-derived pollutants
and surface run off at the turbines and access tracks.

Reason: To protect private water supplies and to ensure compliance with all commitments
made in the Environmental Statement.


6.46. Scotston water supply: A water quality monitoring programme shall be implemented
when invasive construction activities take place within 500m of the point of use of fresh
water spring supplying Scotston. The plan will include pre-construction monitoring,
construction monitoring and post-construction monitoring. The pre-construction monitoring
shall include samples taken one in each of the two months preceding commencement of
works. The monitoring during construction shall include weekly samples. The monitoring
post construction shall include monthly samples taken for 12 months following completion of
the relevant construction works. The samples shall be analysed for Specific Electrical
Conductivity (SEC), turbidity, major ions, taste and Total Petroleum Hydrocarbons (TPH).
In addition, during construction, daily in-situ monitoring of Specific Electrical Conductivity
(SEC) and turbidity will take place and an early warning system employed all as approved by
the Planning Authority. If contamination is identified, a same day replacement of bottled
potable water will be provided by the Company. In addition, alternative arrangements for the
Scotston supply will be required to be implemented at the reasonable cost to the Company
and to the satisfaction of the Planning Authority.

Reason: To protect private water supplies.




                                              14
Land management

6.47 Prior to the commencement of development, a Land Management Plan shall be
submitted to and approved by the Planning Authority in consultation with SNH. The Land
Management Plan, as approved shall be implemented to the satisfaction of the Planning
Authority and shall set out the objectives, including:

       • Wind Farm operational requirements and their interaction with other land
       management objectives;

       • Forestry management, including;

               o Felling plans;
               o Forestry clearance operations;
               o Re-stocking plans where appropriate;

       • Stock management;

       • Nature conservation management, including:
              o Management for target (priority) habitats;
              o Management for target (priority) species;

       • Access and Recreation;

The Land Management Plan shall also include those relevant mitigation measures set out in
Chapter 17 of the Environmental Statement, the amendment submitted 15 August 2005, and
the Green Power document GP 4, presented at the Public Local Inquiry, relating to ongoing
land and habitat management and such mitigation measures shall be implemented to the
satisfaction of the Planning Authority.

Reason: To safeguard protected species and ensure compliance with the Habitats
Directive.

Decommissioning

6.48. Prior to the end of the period of this consent as detailed in Condition 5.1, or at an
earlier date as detailed in Condition 6.1, all wind turbines, ancillary equipment and buildings
shall be dismantled and removed from the site and the land shall be restored and subject to
aftercare, in accordance with the restoration and aftercare scheme referred to in Condition
6.3. For the purposes of this Condition “restored" means the removal of all wind turbines,
crane pads, top layer of foundation and all buildings and ancillary development.
Notwithstanding this requirement, no later than one year prior to commencement of the
restoration and aftercare scheme, the Planning Authority in consultation with SNH and such
other parties as the Planning Authority considers appropriate shall review the retention of
turbine pads, cable/ducts, access tracks and the grid connection within the context of the
restoration strategy. Thereafter, the plan as approved shall be implemented, in consultation
with SNH and the SEPA, to the satisfaction of the Planning Authority.

Reason: To ensure the turbines are removed from the site at the end of their operational life,
and to protect the character of the countryside and the visual amenity of the area.


                                              15
6.49. In order to ensure the satisfactory removal of hill tracks, turbine towers and blades,
and any ancillary equipment associated including overhead power lines and pylons with the
wind energy development a 'Decommissioning and Restoration Statement' will be required
prior to the commencement of development as defined in Condition 5.1 and it should be
updated on a five yearly cycle. At least 1 year before the cessation of generation from the site
the finalised restoration and aftercare scheme shall be submitted by the Company for the
approval of the Planning Authority in consultation with SNH and such other parties as the
Planning Authority consider appropriate. The restoration strategy shall set out the means of
reinstating the site following the removal of the components of the development as specified
in Condition 6.48. In particular the restoration strategy shall detail the level of subsoil, topsoil
and peat replacement required over each part of the site and the proposed seed mixes.

Reason: To ensure the satisfactory restoration of the site and to protect the character of the
countryside and the visual amenity of the area.

6.50 Within one year of the end of the operational period, the Company is required to obtain
written confirmation from the Planning Authority that all decommissioning works have been
completed in accordance with the approved Decommissioning and Restoration Statement
referred to in condition 6.49 of this consent.

Reason: To ensure written confirmation is obtained from the Planning Authority that all
decommissioning work has been completed satisfactory.

6.51. Prior to the commencement of the development, the Company shall provide to the
Planning Authority 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 this consent. No
work shall commence on the site until the company 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 Company shall ensure that the approved bond or other financial provision is
maintained throughout the duration of this consent and the bond or other financial provision
will be subject to a five yearly review from the commencement of the development, to be
conducted by a competent independent professional who has relevant experience within the
wind energy sector and provided to the company, the landowners, and the Planning
Authority.

Reason: To ensure that there are sufficient funds available to ensure the full restoration of
the site.




                                                16
Aviation

6.52 The Company shall provide written confirmation of the following details to Defence
Estates within 3 months of the date of this consent, and the Commencement of the
Development shall not occur until this confirmation has been given:-

                   i) The proposed date of Commencement of the Development
                   ii) The maximum extension height of any construction equipment

Reason: to ensure the impact of the development upon the safe passage of aircraft, in the
interests of public safety is minimised as far as possible.

6.53 Within 14 days of the commissioning of the final turbine, the Company shall provide
written confirmation of the following details to Defence Estates and NATS;

       i) The date of completion of construction
       ii) The height above ground level of the highest potential obstacle (anemometry mast
            or wind turbine)
       iii) The position of that structure in latitude and longitude
       iv) The lighting details of the site.

Reason: to ensure the impact of the development upon the safe passage of aircraft, in the
interests of public safety is minimised as far as possible.


Peat Management

6.54 Prior to the Commencement of the Development, a scheme showing the details of
peat/soil stripping at the Site and the storage and proposed use and replacement of peat,
topsoil and subsoil shall be submitted to the Planning Authority for approval. All soil
stripping and storage and replacement operations shall accord with the details as approved by
the Planning Authority in consultation with SEPA and the scheme shall be implemented in
full. In particular the scheme shall be incorporated in the construction method statement
setting out the measures to protect and store peat.

Reason: To minimise impacts on sensitive peat habitat.

6.55 The Applicant shall undertake an on-going assessment and call out service provided
by professionally qualified geotechnical personnel, whose appointment has been approved by
the Planning Authority. The Company shall develop and adopt a formalised reporting
procedure which records ground conditions, site workings, monitoring results and
construction progresses pertinent to the stability of all development works. In addition,
results of this monitoring shall be fed into a Geotechnical Risk Register to be submitted to the
Planning Authority at quarterly intervals per annum. Should the risk of peat failure be
identified, the Company shall install and monitor ground conditions using suitable
geotechnical instrumentation as recommended by the geotechnical personnel and approved
by the Planning Authority.

Reason: To minimise environmental impacts arising from peat slide.



                                              17
6.56 The Company shall submit to the Planning Authority for its approval, a contingency
plan to detail level of response to observed poor ground conditions. The performance of the
ground shall be assessed against design assumptions. Where the works perform better than
expected or as expected there will be no need for contingencies to be implemented. Where
findings indicate that the ground is performing outside the expected limits and that a
potentially adverse situation might develop, corrective actions shall be implemented in
accordance with the contingency plan.

Reason: To minimise environmental impacts arising from peat slide.

6.57 The Company’s geotechnical personnel as approved in terms of condition 6.55 shall
undertake regular inspections of the Site, the first inspection taking place within one year of
the date of this consent and deemed planning permission. This inspection shall include a
walkover inspection of the site with a report on ground stability produced and submitted to
the Planning Authority. Where the report identifies a risk of peat failure, measures shall be
implemented in accordance with the contingency plan approved in terms of condition 6.56.

Reason: To minimise environmental impacts arising from peat slide.

6.58 No extraction of peat shall be undertaken from any part of the site other than in
accordance with the construction method statement referred to in condition 6.15.

Reason: To minimise environmental impacts arising from peat slide.

6.59   Any peat excavated on Site may only be dealt with in one of the following manners:

       i) used for the immediate restoration of the shoulders of roads and tracks;
       ii) spread around turbine bases; and
       iii) batched and stored in the on-site borrow pits for a maximum of three
       months,

Any peat not dealt with as set out above must be removed from the Site immediately.

Reason: To minimise the risk of a peat slide incident.

6.60 Notwithstanding the provision of condition 6.58 excess peat excavations shall not be
placed onto the peat surface until the adequacy of the ground to support the load has been
determined by the geotechnical personnel and the Planning Authority has given its approval.

Reason: To minimise the risk of a peat slide incident

6.61 All water discharged from excavations shall be directed into suitably designed drainage
system which complies with statutory requirements. All discharge of water shall be into a
formalised drainage path which shall form part of a site-wide drainage network. The drainage
network design must be submitted for approval to the Planning Authority in consultation with
SEPA.

Reason: To minimise the risk of a peat slide incident and avoid the pollution of water
courses.



                                              18
6.62 During the period of consent, all excavations shall be suitably supported to prevent
collapse and where peat is present to prevent the development of tension cracks. Peat
removed from drainage ditches as part of maintenance shall be considered as excavated peat.

Reason: To minimise the risk of a peat slide incident


Definitions

7.   In this consent and deemed planning permission:-

“anemometry masts” means the permanent masts indicated on Amendment Figure A2,
annexed to this consent and deemed planning permission;

the “Application” means the application submitted by GreenPower (Griffin) Ltd on 27 April
2004 and the amendment dated 15 August 2005;

“Background Noise Level” means the ambient noise level already present within the
environment of the Site (in the absence of noise generated by the development) as measured
and correlated with wind speeds;

the “Commencement of the Development” means the date on which the Development is
initiated in accordance with section 27(1) of the Town and Country Planning (Scotland) Act
1997;

the “Final Commissioning of the Development” means the date on which the last wind
turbine generator forming part of the Development first supplies electricity on a commercial
basis;

“the Company” means GreenPower (Griffin) Ltd., a company registered in Scotland under
Company Number SC 245113 and having its Registered Office at 15 Gladstone Place,
Stirling, Perthshire FK8 2NX and its permitted assignees who are in possession of a letter of
authorisation from the Scottish Ministers in accordance with paragraph 5.4;

“contingency plan” means a plan to detail the level of response when findings indicate the
ground is performing outside the expected limits and when poor ground conditions are
observed;

“dB” means the measurement in decibels of the emitted sound power level of a wind turbine;

“dB(A)” means the measurement in decibels of the emitted sound power level of a wind
turbine using the A-weighting network as referred to in ETSU-R-97;

“Defence Estates” means Defence Estates Safeguarding Area an Executive Agency of the
Ministry of Defence whose address is Defence Estates, Kingston Road, Sutton Coldfield, B75
7RL.

“the Development” has the meaning set out at paragraph 4;




                                              19
“the Environmental Statement” means the environmental appraisal report submitted by the
Company 27 April 2004, as amended 15 August 2005 and any other supplementary
information.

“ETSU-R-97” means industry guidance titled The Assessment and Rating of Noise from
Wind Farms, Final Report, September 1996, prepared for the DTI by The Working Group on
Noise from Wind Turbines;

“Geotechnical Risk Register” means an ongoing document set up by the Company
highlighting potential geotechnical problems before they become a risk to safety or a claim
within the contractual process.

“LA90” means the decibel dB(A) level exceeded 90% of each sample period;

“method statement” means a set of procedures detailing activities to be undertaken,
sequencing of activities, assessment of risks and an outline of mitigation and contingency
measures.

“NATS” means National Air Traffic Control Services (En-Route) PLC, whose address is
NATS (En-Route) Plc, CNS Systems-Navigation, Spectrum & Surveillance, Spectrum
House, Gatwick, West Sussex, RH6 0LG.

“noise sensitive property” means the curtilage of any residential dwelling existing at the date
of consent and which is occupied or utilised during daytime hours.

“operational period” means the period from the date of commissioning of the development
until the last date on which any of the wind turbines generators supplies electricity on a
commercial basis.

the “period of this consent” means from the date of this consent until the date occurring
25 years after the date of the Final Commissioning of the Development;

the “Planning Authority” means the Perth and Kinross Council;

“Rating Level” means the level calculated from the measured noise level plus a correction to
account for any tonal components in the noise, to be derived according the procedure outlined
in ETSU-R-97;

“SEPA” means the Scottish Environment Protection Agency;

“Site” means the area of land outlined in red on Figure A2, attached to this consent;

“SNH” means Scottish Natural Heritage

                                                                             JANE MORGAN


                                                                            31 January 2008
                                           Head of Energy and Telecommunications Division
                                              A member of the staff of the Scottish Ministers


                                              20
Enclosed : Annex to Noise Conditions (Sections A and B)
ANNEX TO NOISE CONDITIONS

THE GUIDANCE NOTES - Section A

The following paragraph is based upon steps 2-5 specified in Section 2 of the Supplementary
Guidance Notes to the Planning Obligation contained within pages 102-103 of "The
Assessment and Rating of Noise from Wind Farms, ETSU-R-97" published by ETSU for the
Department of Trade and Industry. It has been adapted in the light of experience of actual
compliance measurements made by Hoare Lea Acoustics.

       2. Values of the LA90,10min noise statistic should be measured at the affected
       property using a sound level meter of at least IEC 651 Type 1 quality. This should be
       fitted with a 1/2" diameter microphone and calibrated in accordance with the
       procedure specified in BS 4142: 1990. The microphone should be mounted on a
       tripod at 1.2 - 1.5 m above ground level, fitted with a two layer windshield or suitable
       equivalent, and placed in the vicinity of, and external to, the property. The intention is
       that, as far as possible, the measurements should be made in "free-field" conditions:
       To achieve this, the microphone should be placed at least 10m away from the building
       facade or any reflecting surface, where possible, and no less than 305m away where
       this is not possible with appropriate adjustment made to measured levels to account
       for façade effects.

       The LA90, 10min measurements should be synchronised with measurements of the
       10-minute average wind speed and with operational data from the turbine control
       systems of the wind farm.

       The wind speed and wind direction and a note of all 10 minute periods when one or
       more of the relevant set of turbines was not operating normally should be provided to
       the consultant to enable an analysis to take place.

       The "relevant set" of turbines is the six turbines nearest to the monitoring location.
       The precise definition of "non-normal" operation should be agreed in writing with the
       Planning Authority on the basis of data available but should generally be taken to
       mean when the turbine power output is significantly different from the reference
       power curve using the nacelle anemometer.

       In the interests of commercial confidentiality no information is required to be
       provided for individual turbines or on the nature of any abnormality or for any period
       during which noise monitoring is not taking place.

       The noise measurements should be made over a period of time sufficient to provide
       not less than 50 valid data points during each of night and quiet day. Measurements
       should also be made over a sufficient period to provide valid data points throughout
       the range of wind speeds considered by the Planning Authority to be most critical.
       Valid data points are those that remain after the following data have been excluded:




                                              21
               All periods during rainfall.
               All periods during which turbine operation was not normal.
               All periods during which wind direction is more than 45 degrees from every
                line from .each of the turbines in the relevant set and the measurement
                position.

The purpose of the exclusions for wind directions that are not downwind is to exclude
periods in which it is likely that only background noise is measured and so reduce the
possibility that further measurements have to be taken with turbines switched off.

3.      A least squares, "best fit" curve should be fitted to the data points.

4.      The measured noise level shall be determined from this best fit curve. If this
curve lies below the maximum values of turbine noise indicated by the table in the
annex to these conditions, and the Planning Authority/EHO consider there to be no
audible tones, then no further action is necessary.

5.       If the noise level is above the limit, or if the application of a tonal penalty - see
later - takes it above the limit, a correction for the influence of background noise
should be made. This may be achieved by repeating steps 2-4, with the Wind farm
switched off, and determining the background noise at the assessed wind speed, Lb.
The wind farm noise at this speed, Lw, is then calculated as follows:




If the wind farm noise level lies below the values indicated from the table in the
annex, and the Planning Authority/EHO consider there to be no audible tones, then no
further action is necessary.


THE GUIDANCE NOTES - Section B

The following paragraph comprises step 6 specified in Section 2 of the Supplementary
Guidance Notes to the Planning Obligation contained within pages 103-104 of "The
Assessment and Rating of Noise from Wind Farms, ETSU-R-97" published by ETSU for the
Department of Trade and Industry. Reference is made to Section 2.1 of this document which
also forms part of the guidance given here.

6.       Where, in the opinion of the Planning Authority/EHO, the noise immission contains a
tonal component, the following rating procedure should be used. This is based on the
repeated application of a tonal assessment methodology - see below.

For each 10-minute interval for which LA90, 10min data have been obtained, a tonal
assessment - see Section 2.1 - is performed on noise immission during 2-minutes of the 10-
minute period. The 2-minute periods should be regularly spaced at 10-minute intervals
provided that uninterrupted clean data are obtained.



                                                 22
For each of the 2-minute samples' the margin above or below the audibility criterion of the
tone level difference ΔLtm, is calculated by comparison with the audibility criterion given in
Section 2.1 below.

The margin above audibility is plotted against wind speed for each of the 2-minute samples.
For samples for which the tones were inaudible or no tone was identified, substitute a value
of zero audibility.

A linear regression is then performed to establish the margin above audibility at the assessed
wind speed. If there Is no apparent trend with wind speed then a simple arithmetic average
will suffice.

The tonal penalty, KT, is derived from the margin above audibility of the tone according to
Fig 17.




Figure 17 Penalties for tonal noise
The rating level is the arithmetic sum of the wind farm noise level, Lpw and the tonal
penalty, KT. It is this level which determines whether the wind farm has complied with the
limits set in the planning condition.

                    THE LEVELS REFERRED TO IN CONDITION 30.
                                                   -

The figures in the body of the table are noise emission levels from turbine measured in dB
as an LA90 in accordance with the procedure set out in the guidance notes.




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