Agenda item

The Committee had before it a report by the Head of Planning and Sustainable Development which recommended:-

That the Committee approve the application in respect of planning permission for the construction of a proposed hydro-electric power generation scheme, fish pass and access road, subject to the following conditions:-

(1)   That prior to any work commencing on site, details of a traffic management plan shall be submitted for the further written approval of the planning authority. The plan shall include, but will not be restricted to, details of a 'banksman' and restricting the times of access to the site and after approval the plan shall be implemented in full once work commences on site; (2) That no development pursuant to the planning permission hereby approved shall be carried out unless there has been submitted to and approved in writing for the purpose by the planning authority a further detailed scheme of landscaping for the site, which scheme shall include indications of all existing trees and landscaped areas on the land, and details of any to be retained, together with measures for their protection in the course of development, and the proposed areas of tree/shrub planting including details of numbers, densities, locations, species, sizes and stage of maturity at planting; (3) That all planting, seeding and turfing comprised in the approved scheme of landscaping shall be carried out in the first planting season following the completion of the development and any trees or plants which within a period of 5 years from the completion of the development die, are removed or become seriously damaged or diseased shall be replaced in the next planting season with others of a size and species similar to those originally required to be planted, or in  accordance with such other scheme as may be submitted to and approved in writing for the purpose by the planning authority; (4) That no development shall take place unless a plan showing those trees to be removed and those to be retained and a scheme for the protection of all trees to be retained on the site during construction works has been submitted to, and approved in writing by, the planning authority and any such scheme as may have been approved has been implemented; (5) That no part of the development hereby approved shall come into use unless a plan and report illustrating appropriate management proposals for the care and maintenance of all trees to be retained and any new areas of planting (to include timing of works and inspections) has been submitted to and approved in writing by the planning authority. The proposals shall be carried out in complete accordance with such plan and report as may be so approved, unless the planning authority has given prior written approval for a variation;  (6) That any tree work which appears to become necessary during the implementation of the development shall not be undertaken without the prior written consent of the planning authority; any damage caused to trees growing on the site shall be remedied in accordance with British Standard 3998: 2010 "Recommendations for Tree Work" before the building hereby approved is first occupied; (7) That no materials, supplies, plant, machinery, spoil, changes in ground levels or construction activities shall be permitted within the protected areas specified in the aforementioned scheme of tree protection without the written consent of the planning authority and no fire shall be lit in a position where the flames could extend to within 5 metres of foliage, branches or trunks; (8) That no development shall take place within the application site until the applicant has secured the implementation of a programme of archaeological work which shall include post-excavation and publication work in accordance with a written scheme of investigation which has been submitted by the applicant and approved by the planning authority; (9) That no development shall take place on site (including site preparation) unless the detailed design and fitting of the screen for the proposed hydro scheme have been submitted to, and approved in writing by the planning authority in consultation with SNH and SEPA and thereafter the scheme shall be implemented in full accordance with the approved plans; (10) That prior to the commencement of the development, a full site specific construction environmental management plan shall be submitted for the written approval of the planning authority and all construction work shall be carried out in accordance with the approved plan. The method statement must address the temporary measures proposed to deal with surface water run-off during construction and prior to the operation of the final SUDS.  Such statement shall be implemented in full for the duration of works on the site and no construction work shall take place prior to the written approval of the said plan; (11)  That the building hereby approved shall not be occupied unless a scheme detailing compliance with the Council's 'Low and Zero Carbon Buildings' supplementary guidance has been submitted to and approved in writing by the planning authority, and any recommended measures specified within that scheme for the reduction of carbon emissions have been implemented in full; (12) That no development shall take place unless the mitigation measures as identified in the Environmental Statement have been implemented in their entirety; and (13) That no development pursuant to this planning permission shall take place nor shall the development come into use unless there has been submitted to and approved in writing for the purpose by the planning authority an assessment of the noise levels likely within the building, unless the planning authority has given prior written approval for a variation. The assessment shall be prepared by a suitably qualified independent noise consultant and shall recommend any measures necessary to ensure a satisfactory noise attenuation for the building. The property shall not come into use unless the said measures have been implemented in full.

The Committee resolved:-

(i)        to approve the recommendation; and

to request the applicant to consider (1) working with the education authority to promote the benefits of the scheme in local schools; and (2) powering the scheme from underground rather than overhead.